PUBLIC LAW 107–217—AUG. 21, 2002

CODIFYING TITLE 40, UNITED STATES

CODE—PUBLIC BUILDINGS, PROPERTY, AND

WORKS

116 STAT. 1062 PUBLIC LAW 107–217—AUG. 21, 2002

Public Law 107–217

107th Congress

An Act

To revise, codify, and enact without substantive change certain general and permanent laws, related to public buildings, property, and works, as title 40, United

States Code, ‘‘Public Buildings, Property, and Works’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. TITLE 40, UNITED STATES CODE.

Certain general and permanent laws of the United States, related

to public buildings, property, and works, are revised, codified, and

enacted as title 40, United States Code, ‘‘Public Buildings, Property,

and Works’’, as follows:

TITLE 40—PUBLIC BUILDINGS,

PROPERTY, AND WORKS

SUBTITLE Sec.

I. FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES .............. 101

II. PUBLIC BUILDINGS AND WORKS ........................................................ 3101

III. INFORMATION TECHNOLOGY MANAGEMENT ................................ 11101

IV. APPALACHIAN REGIONAL DEVELOPMENT ...................................... 14101

V. MISCELLANEOUS .................................................................................... 17101

SUBTITLE I—FEDERAL PROPERTY AND

ADMINISTRATIVE SERVICES

CHAPTER Sec.

1. GENERAL ................................................................................................... 101

3. ORGANIZATION OF GENERAL SERVICES ADMINISTRATION ...... 301

5. PROPERTY MANAGEMENT .................................................................... 501

7. FOREIGN EXCESS PROPERTY .............................................................. 701

9. URBAN LAND USE ................................................................................... 901

11. SELECTION OF ARCHITECTS AND ENGINEERS .............................. 1101

13. PUBLIC PROPERTY .................................................................................. 1301

CHAPTER 1—GENERAL

SUBCHAPTER I—PURPOSE AND DEFINITIONS

Sec.

101. Purpose.

102. Definitions.

SUBCHAPTER II—SCOPE

111. Application to Federal Property and Administrative Services Act of 1949.

112. Applicability of certain policies, procedures, and directives in effect on July 1,

1949.

113. Limitations.

40 USC note

prec. 101.

Aug. 21, 2002

[H.R. 2068]

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1063

SUBCHAPTER III—ADMINISTRATIVE AND GENERAL

121. Administrative.

122. Prohibition on sex discrimination.

123. Civil remedies for fraud.

124. Agency use of amounts for property management.

125. Library memberships.

126. Reports to Congress.

SUBCHAPTER I—PURPOSE AND DEFINITIONS

§ 101. Purpose

The purpose of this subtitle is to provide the Federal Government

with an economical and efficient system for the following activities:

(1) Procuring and supplying property and nonpersonal services, and performing related functions including contracting,

inspection, storage, issue, setting specifications, identification

and classification, transportation and traffic management,

establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific

areas, management of public utility services, repairing and

converting, establishment of inventory levels, establishment of

forms and procedures, and representation before federal and

state regulatory bodies.

(2) Using available property.

(3) Disposing of surplus property.

(4) Records management.

§ 102. Definitions

The following definitions apply in chapters 1 through 7 of this

title and in title III of the Federal Property and Administrative

Services Act of 1949 (41 U.S.C. 251 et seq.):

(1) CARE AND HANDLING.—The term ‘‘care and handling’’

includes—

(A) completing, repairing, converting, rehabilitating,

operating, preserving, protecting, insuring, packing,

storing, handling, conserving, and transporting excess and

surplus property; and

(B) rendering innocuous, or destroying, property that

is dangerous to public health or safety.

(2) CONTRACTOR INVENTORY.—The term ‘‘contractor inventory’’ means—

(A) property, in excess of amounts needed to complete

full performance, that is acquired by and in possession

of a contractor or subcontractor under a contract pursuant

to which title is vested in the Federal Government; and

(B) property that the Government is obligated or has

the option to take over, under any type of contract, as

a result of changes in specifications or plans under the

contract, or as a result of termination of the contract (or

a subcontract), prior to completion of the work, for the

convenience or at the option of the Government.

(3) EXCESS PROPERTY.—The term ‘‘excess property’’ means

property under the control of a federal agency that the head

of the agency determines is not required to meet the agency’s

needs or responsibilities.

(4) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ means—

116 STAT. 1064 PUBLIC LAW 107–217—AUG. 21, 2002

(A) an executive department or independent establishment in the executive branch of the Government; and

(B) a wholly owned Government corporation.

(5) FEDERAL AGENCY.—The term ‘‘federal agency’’ means an

executive agency or an establishment in the legislative or

judicial branch of the Government (except the Senate, the

House of Representatives, and the Architect of the Capitol,

and any activities under the direction of the Architect of the

Capitol).

(6) FOREIGN EXCESS PROPERTY.—The term ‘‘foreign excess

property’’ means excess property that is not located in the

States of the United States, the District of Columbia, Puerto

Rico, American Samoa, Guam, the Northern Mariana Islands,

the Federated States of Micronesia, the Marshall Islands,

Palau, and the Virgin Islands.

(7) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means any

vehicle, self-propelled or drawn by mechanical power, designed

and operated principally for highway transportation of property

or passengers, excluding—

(A) a vehicle designed or used for military field training,

combat, or tactical purposes, or used principally within

the confines of a regularly established military post, camp,

or depot; and

(B) a vehicle regularly used by an agency to perform

investigative, law enforcement, or intelligence duties, if

the head of the agency determines that exclusive control

of the vehicle is essential for effective performance of duties.

(8) NONPERSONAL SERVICES.—The term ‘‘nonpersonal services’’ means contractual services designated by the Administrator of General Services, other than personal and professional

services.

(9) PROPERTY.—The term ‘‘property’’ means any interest in

property except—

(A)(i) the public domain;

(ii) land reserved or dedicated for national forest or

national park purposes;

(iii) minerals in land or portions of land withdrawn or

reserved from the public domain which the Secretary of

the Interior determines are suitable for disposition under

the public land mining and mineral leasing laws; and

(iv) land withdrawn or reserved from the public domain

except land or portions of land so withdrawn or reserved

which the Secretary, with the concurrence of the Administrator, determines are not suitable for return to the public

domain for disposition under the general public land laws

because the lands are substantially changed in character

by improvements or otherwise;

(B) naval vessels that are battleships, cruisers, aircraft

carriers, destroyers, or submarines; and

(C) records of the Government.

(10) SURPLUS PROPERTY.—The term ‘‘surplus property’’ means

excess property that the Administrator determines is not

required to meet the needs or responsibilities of all federal

agencies.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1065

SUBCHAPTER II—SCOPE

§ 111. Application to Federal Property and Administrative

Services Act of 1949

In the following provisions, the words ‘‘this subtitle’’ are deemed

to refer also to title III of the Federal Property and Administrative

Services Act of 1949 (41 U.S.C. 251 et seq.):

(1) Section 101 of this title.

(2) Section 112(a) of this title.

(3) Section 113 of this title.

(4) Section 121(a) of this title.

(5) Section 121(c)(1) of this title.

(6) Section 121(c)(2) of this title.

(7) Section 121(d)(1) and (2) of this title.

(8) Section 121(e)(1) of this title.

(9) Section 121(f) of this title.

(10) Section 121(g) of this title.

(11) Section 122(a) of this title.

(12) Section 123(a) of this title.

(13) Section 123(c) of this title.

(14) Section 124 of this title.

(15) Section 126 of this title.

(16) Section 311(c) of this title.

(17) Section 313(a) of this title.

(18) Section 528 of this title.

(19) Section 541 of this title.

(20) Section 549(e)(3)(H)(i)(II) of this title.

(21) Section 557 of this title.

(22) Section 558(a) of this title.

(23) Section 559(f) of this title.

(24) Section 571(b) of this title.

(25) Section 572(a)(2)(A) of this title.

(26) Section 572(b)(4) of this title.

§ 112. Applicability of certain policies, procedures, and directives in effect on July 1, 1949

(a) IN GENERAL.—A policy, procedure, or directive described in

subsection (b) remains in effect until superseded or amended under

this subtitle or other appropriate authority.

(b) DESCRIPTION.—A policy, procedure, or directive referred to

in subsection (a) is one that was in effect on July 1, 1949, and

that was prescribed by—

(1) the Director of the Bureau of Federal Supply or the

Secretary of the Treasury and that related to a function transferred to or vested in the Administrator of General Services

on June 30, 1949, by the Federal Property and Administrative

Services Act of 1949;

(2) an officer of the Federal Government under authority

of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765)

or other authority related to surplus property or foreign excess

property;

(3) the Federal Works Administrator or the head of a constituent agency of the Federal Works Agency; or

(4) the Archivist of the United States or another officer or

body whose functions were transferred on June 30, 1949, by

title I of the Federal Property and Administrative Services

Act of 1949.

116 STAT. 1066 PUBLIC LAW 107–217—AUG. 21, 2002

§ 113. Limitations

(a) IN GENERAL.—Except as otherwise provided in this section,

the authority conferred by this subtitle is in addition to any other

authority conferred by law and is not subject to any inconsistent

provision of law.

(b) LIMITATION REGARDING THE OFFICE OF FEDERAL PROCUREMENT POLICY ACT.—The authority conferred by this subtitle is

subject to the Office of Federal Procurement Policy Act (41 U.S.C.

401 et seq.).

(c) LIMITATION REGARDING CERTAIN GOVERNMENT CORPORATIONS

AND AGENCIES.—Sections 121(b) and 506(c) of this title do not

apply to a Government corporation or agency that is subject to

chapter 91 of title 31.

(d) LIMITATION REGARDING CONGRESS.—This subtitle does not

apply to the Senate or the House of Representatives (including

the Architect of the Capitol and any building, activity, or function

under the direction of the Architect). However, services and facilities

authorized by this subtitle shall, as far as practicable, be made

available to the Senate, the House of Representatives, and the

Architect of the Capitol on their request. If payment would be

required for providing a similar service or facility to an executive

agency, payment shall be made by the recipient, on presentation

of proper vouchers, in advance or by reimbursement (as may be

agreed upon by the Administrator of General Services and the

officer or body making the request). The payment may be credited

to the applicable appropriation of the executive agency receiving

the payment.

(e) OTHER LIMITATIONS.—Nothing in this subtitle impairs or

affects the authority of—

(1) the President under the Philippine Property Act of 1946

(22 U.S.C. 1381 et seq.);

(2) an executive agency, with respect to any program conducted for purposes of resale, price support, grants to farmers,

stabilization, transfer to foreign governments, or foreign aid,

relief, or rehabilitation, but the agency carrying out the program shall, to the maximum extent practicable, consistent with

the purposes of the program and the effective, efficient conduct

of agency business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;

(3) an executive agency named in chapter 137 of title 10,

and the head of the agency, with respect to the administration

of that chapter;

(4) the Secretary of Defense with respect to property required

for or located in occupied territories;

(5) the Secretary of Defense with respect to the administration of section 2535 of title 10;

(6) the Secretary of Defense and the Secretaries of the Army,

Navy, and Air Force with respect to the administration of

the Strategic and Critical Materials Stock Piling Act (50 U.S.C.

98 et seq.);

(7) the Secretary of State under the Foreign Service Buildings

Act, 1926 (22 U.S.C. 292 et seq.);

(8) the Secretary of Agriculture under—

(A) the Richard B. Russell National School Lunch Act

(42 U.S.C. 1751 et seq.);

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1067

(B) the Farmers Home Administration Act of 1946 (ch.

964, 60 Stat. 1062);

(C) section 32 of the Act of August 24, 1935 (7 U.S.C.

612c), with respect to the exportation and domestic

consumption of agricultural products;

(D) section 201 of the Agricultural Adjustment Act of

1938 (7 U.S.C. 1291); or

(E) section 203(j) of the Agricultural Marketing Act of

1946 (7 U.S.C. 1622(j));

(9) an official or entity under the Farm Credit Act of 1971

(12 U.S.C. 2001 et seq.), with respect to the acquisition or

disposal of property;

(10) the Secretary of Housing and Urban Development or

the Federal Deposit Insurance Corporation (or an officer of

the Corporation) with respect to the disposal of—

(A) residential property; or

(B) other property—

(i) acquired or held as part of, or in connection with,

residential property; or

(ii) held in connection with the insurance of mortgages, loans, or savings association accounts under

the National Housing Act (12 U.S.C. 1701 et seq.),

the Federal Deposit Insurance Act (12 U.S.C. 1811

et seq.), or any other law;

(11) the Tennessee Valley Authority with respect to nonpersonal services, with respect to section 501(c) of this title, and

with respect to property acquired in connection with a program

of processing, manufacture, production, or force account

construction, but the Authority shall, to the maximum extent

it considers practicable, consistent with the purposes of its

program and the effective, efficient conduct of its business,

coordinate its operations with the requirements of this subtitle

and with policies and regulations prescribed under this subtitle;

(12) the Secretary of Energy with respect to atomic energy;

(13) the Secretary of Transportation or the Secretary of Commerce with respect to the disposal of airport property and

airway property (as those terms are defined in section 47301

of title 49) for use as such property;

(14) the United States Postal Service;

(15) the Maritime Administration with respect to the acquisition, procurement, operation, maintenance, preservation, sale,

lease, charter, construction, reconstruction, or reconditioning

(including outfitting and equipping incidental to construction,

reconstruction, or reconditioning) of a merchant vessel or shipyard, ship site, terminal, pier, dock, warehouse, or other

installation necessary or appropriate for carrying out a program

of the Administration authorized by law or nonadministrative

activities incidental to a program of the Administration authorized by law, but the Administration shall, to the maximum

extent it considers practicable, consistent with the purposes

of its programs and the effective, efficient conduct of its activities, coordinate its operations with the requirements of this

subtitle and with policies and regulations prescribed under

this subtitle;

(16) the Central Intelligence Agency;

(17) the Joint Committee on Printing, under title 44 or any

other law;

116 STAT. 1068 PUBLIC LAW 107–217—AUG. 21, 2002

(18) the Secretary of the Interior with respect to procurement

for program operations under the Bonneville Project Act of

1937 (16 U.S.C. 832 et seq.); or

(19) the Secretary of State with respect to the furnishing

of facilities in foreign countries and reception centers within

the United States.

SUBCHAPTER III—ADMINISTRATIVE AND GENERAL

§ 121. Administrative

(a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may

prescribe policies and directives that the President considers necessary to carry out this subtitle. The policies must be consistent

with this subtitle.

(b) ACCOUNTING PRINCIPLES AND STANDARDS.—

(1) PRESCRIPTION.—The Comptroller General, after considering the needs and requirements of executive agencies, shall

prescribe principles and standards of accounting for property.

(2) PROPERTY ACCOUNTING SYSTEMS.—The Comptroller General shall cooperate with the Administrator of General Services

and with executive agencies in the development of property

accounting systems and approve the systems when they are

adequate and in conformity with prescribed principles and

standards.

(3) COMPLIANCE REVIEW.—From time to time the Comptroller

General shall examine the property accounting systems established by executive agencies to determine the extent of compliance with prescribed principles and standards and approved

systems. The Comptroller General shall report to Congress

any failure to comply with the principles and standards or

to adequately account for property.

(c) REGULATIONS BY ADMINISTRATOR.—

(1) GENERAL AUTHORITY.—The Administrator may prescribe

regulations to carry out this subtitle.

(2) REQUIRED REGULATIONS AND ORDERS.—The Administrator

shall prescribe regulations that the Administrator considers

necessary to carry out the Administrator’s functions under this

subtitle and the head of each executive agency shall issue

orders and directives that the agency head considers necessary

to carry out the regulations.

(d) DELEGATION OF AUTHORITY BY ADMINISTRATOR.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

Administrator may delegate authority conferred on the

Administrator by this subtitle to an official in the General

Services Administration or to the head of another federal

agency. The Administrator may authorize successive redelegation of authority conferred by this subtitle.

(2) EXCEPTIONS.—The Administrator may not delegate—

(A) the authority to prescribe regulations on matters

of policy applying to executive agencies;

(B) the authority to transfer functions and related allocated amounts from one component of the Administration

to another under paragraphs (1)(C) and (2)(A) of subsection

(e); or

(C) other authority for which delegation is prohibited

by this subtitle.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1069

(3) RETENTION AND USE OF RENTAL PAYMENTS.—A department

or agency to which the Administrator has delegated authority

to operate, maintain or repair a building or facility under

this subsection shall retain the portion of the rental payment

that the Administrator determines is available to operate, maintain or repair the building or facility. The department or agency

shall directly expend the retained amounts to operate, maintain, or repair the building or facility. Any amounts retained

under this paragraph shall remain available until expended

for these purposes.

(e) ASSIGNMENT OF FUNCTIONS BY ADMINISTRATOR.— (1) IN GENERAL.—The Administrator may provide for the

performance of a function assigned under this subtitle by any

of the following methods:

(A) The Administrator may direct the Administration

to perform the function.

(B) The Administrator may designate or establish a

component of the Administration and direct the component

to perform the function.

(C) The Administrator may transfer the function from

one component of the Administration to another.

(D) The Administrator may direct an executive agency

to perform the function for itself, with the consent of the

agency or by direction of the President.

(E) The Administrator may direct one executive agency

to perform the function for another executive agency, with

the consent of the agencies concerned or by direction of

the President.

(F) The Administrator may provide for performance of

a function by a combination of the methods described in

this paragraph.

(2) TRANSFER OF RESOURCES.—

(A) WITHIN ADMINISTRATION.—If the Administrator transfers a function from one component of the Administration

to another, the Administrator may also provide for the

transfer of appropriate allocated amounts from the component that previously carried out the function to the component being directed to carry out the function. A transfer

under this subparagraph must be reported to the Director

of the Office of Management and Budget.

(B) BETWEEN AGENCIES.—If the Administrator transfers

a function from one executive agency to another (including

a transfer to or from the Administration), the Administrator

may also provide for the transfer of appropriate personnel,

records, property, and allocated amounts from the executive

agency that previously carried out the function to the executive agency being directed to carry out the function. A

transfer under this subparagraph is subject to approval

by the Director.

(f) ADVISORY COMMITTEES.—The Administrator may establish

advisory committees to provide advice on any function of the

Administrator under this subtitle. Members of the advisory committees shall serve without compensation but are entitled to transportation and not more than $25 a day instead of expenses under

section 5703 of title 5.

(g) CONSULTATION WITH FEDERAL AGENCIES.—The Administrator

shall advise and consult with interested federal agencies and seek

116 STAT. 1070 PUBLIC LAW 107–217—AUG. 21, 2002

their advice and assistance to accomplish the purposes of this

subtitle.

(h) ADMINISTERING OATHS.—In carrying out investigative duties,

an officer or employee of the Administration, if authorized by the

Administrator, may administer an oath to an individual.

§ 122. Prohibition on sex discrimination

(a) PROHIBITION.—With respect to a program or activity carried

on or receiving federal assistance under this subtitle, an individual

may not be excluded from participation, denied benefits, or otherwise discriminated against based on sex.

(b) ENFORCEMENT.—Subsection (a) shall be enforced through

agency provisions and rules similar to those already established

with respect to racial and other discrimination under title VI of

the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). However,

this remedy is not exclusive and does not prejudice or remove

any other legal remedies available to an individual alleging discrimination.

§ 123. Civil remedies for fraud

(a) IN GENERAL.—In connection with the procurement, transfer

or disposition of property under this subtitle, a person that uses

or causes to be used, or enters into an agreement, combination,

or conspiracy to use or cause to be used, a fraudulent trick, scheme,

or device for the purpose of obtaining or aiding to obtain, for

any person, money, property, or other benefit from the Federal

Government—

(1) shall pay to the Government an amount equal to the

sum of—

(A) $2,000 for each act;

(B) two times the amount of damages sustained by the

Government because of each act; and

(C) the cost of suit;

(2) if the Government elects, shall pay to the Government,

as liquidated damages, an amount equal to two times the

consideration that the Government agreed to give to the person,

or that the person agreed to give to the Government; or

(3) if the Government elects, shall restore to the Government

the money or property fraudulently obtained, with the Government retaining as liquidated damages, the money, property,

or other consideration given to the Government.

(b) ADDITIONAL REMEDIES AND CRIMINAL PENALTIES.—The civil

remedies provided in this section are in addition to all other civil

remedies and criminal penalties provided by law.

(c) IMMUNITY OF GOVERNMENT OFFICIALS.—An officer or employee

of the Government is not liable (except for an individual’s own

fraud) or accountable for collection of a purchase price that is

determined to be uncollectible by the federal agency responsible

for property if the property is transferred or disposed of in accordance with this subtitle and with regulations prescribed under this

subtitle.

(d) JURISDICTION AND VENUE.—

(1) DEFINITION.—In this subsection, the term ‘‘district court’’

means a district court of the United States or a district court

of a territory or possession of the United States.

(2) IN GENERAL.—A district court has original jurisdiction

of an action arising under this section, and venue is proper,

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1071

if at least one defendant resides or may be found in the court’s

judicial district. Jurisdiction and venue are determined without

regard to the place where acts were committed.

(3) ADDITIONAL DEFENDANT OUTSIDE JUDICIAL DISTRICT.—A

defendant that does not reside and may not be found in the

court’s judicial district may be brought in by order of the

court, to be served personally, by publication, or in another

reasonable manner directed by the court.

§ 124. Agency use of amounts for property management

Amounts appropriated, allocated, or available to a federal agency

for purposes similar to the purposes in section 121 of this title

or subchapter I (except section 506), II, or III of chapter 5 of

this title may be used by the agency for the disposition of property

under this subtitle, and for the care and handling of property

pending the disposition, if the Director of the Office of Management

and Budget authorizes the use.

§ 125. Library memberships

Amounts appropriated may be used, when authorized by the

Administrator of General Services, for payment in advance for

library memberships in societies whose publications are available

to members only, or to members at a lower price than that charged

to the general public.

§ 126. Reports to Congress

The Administrator of General Services, at times the Administrator considers desirable, shall submit a report to Congress on

the administration of this subtitle. The report shall include any

recommendation for amendment of this subtitle that the Administrator considers appropriate and shall identify any law that is

obsolete because of the enactment or operation of this subtitle.

CHAPTER 3—ORGANIZATION OF GENERAL SERVICES

ADMINISTRATION

SUBCHAPTER I—GENERAL

Sec.

301. Establishment.

302. Administrator and Deputy Administrator.

303. Functions.

304. Federal information centers.

SUBCHAPTER II—ADMINISTRATIVE

311. Personnel.

312. Transfer and use of amounts for major equipment acquisitions.

313. Tests of materials.

SUBCHAPTER III—FUNDS

321. General Supply Fund.

322. Information Technology Fund.

323. Consumer Information Center Fund.

SUBCHAPTER I—GENERAL

§ 301. Establishment

The General Services Administration is an agency in the executive

branch of the Federal Government.

116 STAT. 1072 PUBLIC LAW 107–217—AUG. 21, 2002

§ 302. Administrator and Deputy Administrator

(a) ADMINISTRATOR.—The Administrator of General Services is

the head of the General Services Administration. The Administrator

is appointed by the President with the advice and consent of the

Senate. The Administrator shall perform functions subject to the

direction and control of the President.

(b) DEPUTY ADMINISTRATOR.—The Administrator shall appoint

a Deputy Administrator of General Services. The Deputy Administrator shall perform functions designated by the Administrator.

The Deputy Administrator is Acting Administrator of General Services during the absence or disability of the Administrator and,

unless the President designates another officer of the Federal

Government, when the office of Administrator is vacant.

§ 303. Functions

(a) BUREAU OF FEDERAL SUPPLY.— (1) TRANSFER OF FUNCTIONS.—Subject to paragraph (2), the

functions of the Administrator of General Services include functions related to the Bureau of Federal Supply in the Department of the Treasury that, immediately before July 1, 1949,

were functions of— (A) the Bureau;

(B) the Director of the Bureau;

(C) the personnel of the Bureau; or

(D) the Secretary of the Treasury.

(2) FUNCTIONS NOT TRANSFERRED.—The functions of the

Administrator of General Services do not include functions

retained in the Department of the Treasury under section 102(c)

of the Federal Property and Administrative Services Act of

1949 (ch. 288, 63 Stat. 380).

(b) FEDERAL WORKS AGENCY AND COMMISSIONER OF PUBLIC

BUILDINGS.—The functions of the Administrator of General Services

include functions related to the Federal Works Agency and functions

related to the Commissioner of Public Buildings that, immediately

before July 1, 1949, were functions of—

(1) the Federal Works Agency;

(2) the Federal Works Administrator; or

(3) the Commissioner of Public Buildings.

§ 304. Federal information centers

The Administrator of General Services may establish within the

General Services Administration a nationwide network of federal

information centers for the purpose of providing the public with

information about the programs and procedures of the Federal

Government and for other appropriate and related purposes.

SUBCHAPTER II—ADMINISTRATIVE

§ 311. Personnel

(a) APPOINTMENT AND COMPENSATION.—The Administrator of

General Services, subject to chapters 33 and 51 and subchapter

III of chapter 53 of title 5, may appoint and fix the compensation

of personnel necessary to carry out chapters 1, 3, and 5 of this

title and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).

(b) TEMPORARY EMPLOYMENT.—The Administrator may procure

the temporary or intermittent services of experts or consultants

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1073

under section 3109 of title 5 to the extent the Administrator finds

necessary to carry out chapters 1, 3, and 5 of this title and title

III of the Federal Property and Administrative Services Act of

1949 (41 U.S.C. 251 et seq.).

(c) PERSONNEL FROM OTHER AGENCIES.—Notwithstanding section

973 of title 10 or any other law, in carrying out functions under

this subtitle the Administrator may use the services of personnel

(including armed services personnel) from an executive agency other

than the General Services Administration with the consent of the

head of the agency.

(d) DETAIL OF FIELD PERSONNEL TO DISTRICT OF COLUMBIA.— The Administrator, in the Administrator’s discretion, may detail

field personnel of the Administration to the District of Columbia

for temporary duty for a period of not more than 30 days in

any one case. Subsistence or similar expenses may not be allowed

for an employee on temporary duty in the District of Columbia

under this paragraph.

§ 312. Transfer and use of amounts for major equipment

acquisitions

(a) IN GENERAL.—Subject to subsection (b), unobligated balances

of amounts appropriated or otherwise made available to the General

Services Administration for operating expenses and salaries and

expenses may be transferred and merged into the ‘‘Major equipment

acquisitions and development activity’’ of the Salaries and Expenses,

General Management and Administration appropriation account

for—

(1) agency-wide acquisition of capital equipment, automated

data processing systems; and

(2) financial management and management information systems needed to implement the Chief Financial Officers Act

of 1990 (Public Law 101–576, 104 Stat. 2838) and other laws

or regulations.

(b) REQUIREMENTS AND AVAILABILITY.—

(1) TIME FOR TRANSFER.—Transfer of an amount under this

section must be done no later than the end of the fifth fiscal

year after the fiscal year for which the amount is appropriated

or otherwise made available.

(2) APPROVAL FOR USE.—An amount transferred under this

section may be used only with the advance approval of the

Committees on Appropriations of the House of Representatives

and the Senate.

(3) AVAILABILITY.—An amount transferred under this section

remains available until expended.

§ 313. Tests of materials

(a) SCOPE.—This section applies to any article or commodity

tendered by a producer or vendor for sale or lease to the General

Services Administration or to any procurement authority acting

under the direction and control of the Administrator of General

Services pursuant to this subtitle.

(b) AUTHORITY TO CONDUCT TESTS.—The Administrator, in the

Administrator’s discretion and with the consent of the producer

or vendor, may have tests conducted, in a manner the Administrator

specifies, to—

(1) determine whether an article or commodity conforms to

prescribed specifications and standards; or

116 STAT. 1074 PUBLIC LAW 107–217—AUG. 21, 2002

(2) aid in the development of specifications and standards.

(c) FEES.—

(1) IN GENERAL.—The Administrator shall charge the producer or vendor a fee for the tests.

(2) AMOUNT OF FEE IF TESTS PREDOMINANTLY SERVE INTEREST

OF PRODUCER OR VENDOR.—If the Administrator determines

that conducting the tests predominantly serves the interest

of the producer or vendor, the Administrator shall fix the

fee in an amount that will recover the costs of conducting

the tests, including all components of the costs, determined

in accordance with accepted accounting principles.

(3) AMOUNT OF FEE IF TESTS DO NOT PREDOMINANTLY SERVE

INTEREST OF PRODUCER OR VENDOR.—If the Administrator determines that conducting the tests does not predominantly serve

the interest of the producer or vendor, the Administrator shall

fix the fee in an amount the Administrator determines is

reasonable for furnishing the testing service.

SUBCHAPTER III—FUNDS

§ 321. General Supply Fund

(a) EXISTENCE.—The General Supply Fund is a special fund in

the Treasury.

(b) COMPOSITION.— (1) IN GENERAL.—The Fund is composed of amounts appropriated to the Fund and the value, as determined by the

Administrator of General Services, of personal property transferred from executive agencies to the Administrator under section 501(d) of this title to the extent that payment is not

made or credit allowed for the property.

(2) OTHER CREDITS.—

(A) IN GENERAL.—The Fund shall be credited with all

reimbursements, advances, and refunds or recoveries

relating to personal property or services procured through

the Fund, including—

(i) the net proceeds of disposal of surplus personal

property; and

(ii) receipts from carriers and others for loss of, or

damage to, personal property.

(B) REAPPROPRIATION.—Amounts credited under this

paragraph are reappropriated for the purposes of the Fund.

(3) DEPOSIT OF FEES.—Fees collected by the Administrator

under section 313 of this title may be deposited in the Fund

to be used for the purposes of the Fund.

(c) USES.—

(1) IN GENERAL.—The Fund is available for use by or under

the direction and control of the Administrator for—

(A) procuring, for the use of federal agencies in the

proper discharge of their responsibilities—

(i) personal property (including the purchase from

or through the Public Printer, for warehouse issue,

of standard forms, blankbook work, standard specifications, and other printed material in common use by

federal agencies and not available through the Superintendent of Documents); and

(ii) nonpersonal services;

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1075

(B) paying the purchase price, cost of transportation of

personal property and services, and cost of personal services

employed directly in the repair, rehabilitation, and conversion of personal property; and

(C) paying other direct costs of, and indirect costs that

are reasonably related to, contracting, procurement, inspection, storage, management, distribution, and accountability

of property and nonpersonal services provided by the General Services Administration or by special order through

the Administration.

(2) OTHER USES.—The Fund may be used for the procurement

of personal property and nonpersonal services authorized to

be acquired by—

(A) mixed-ownership Government corporations;

(B) the municipal government of the District of Columbia;

or

(C) a requisitioning non-federal agency when the function

of a federal agency authorized to procure for it is transferred to the Administration.

(d) PAYMENT FOR PROPERTY AND SERVICES.—

(1) IN GENERAL.—For property or services procured through

the Fund for requisitioning agencies, the agencies shall pay

prices the Administrator fixes under this subsection.

(2) PRICES FIXED BY ADMINISTRATOR.—The Administrator

shall fix prices at levels sufficient to recover—

(A) so far as practicable—

(i) the purchase price;

(ii) the transportation cost;

(iii) inventory losses;

(iv) the cost of personal services employed directly

in the repair, rehabilitation, and conversion of personal

property; and

(v) the cost of amortization and repair of equipment

used for lease or rent to executive agencies; and

(B) properly allocable costs payable by the Fund under

subsection (c)(1)(C).

(3) TIMING OF PAYMENTS.—

(A) PAYMENT IN ADVANCE.—A requisitioning agency shall

pay in advance when the Administrator determines that

there is insufficient capital otherwise available in the Fund.

Payment in advance may also be made under an agreement

between a requisitioning agency and the Administrator.

(B) PROMPT REIMBURSEMENT.—If payment is not made

in advance, the Administration shall be reimbursed

promptly out of amounts of the requisitioning agency in

accordance with accounting procedures approved by the

Comptroller General.

(C) FAILURE TO MAKE PROMPT REIMBURSEMENT.—The

Administrator may obtain reimbursement by the issuance

of transfer and counterwarrants, or other lawful transfer

documents, supported by itemized invoices, if payment is

not made by a requisitioning agency within 45 days after

the later of—

(i) the date of billing by the Administrator; or

(ii) the date on which actual liability for personal

property or services is incurred by the Administrator.

116 STAT. 1076 PUBLIC LAW 107–217—AUG. 21, 2002

(e) REIMBURSEMENT FOR EQUIPMENT PURCHASED FOR CON- GRESS.—The Administrator may accept periodic reimbursement

from the Senate and from the House of Representatives for the

cost of any equipment purchased for the Senate or the House

of Representatives with money from the Fund. The amount of

each periodic reimbursement shall be computed by amortizing the

total cost of each item of equipment over the useful life of the

equipment, as determined by the Administrator, in consultation

with the Sergeant at Arms and Doorkeeper of the Senate or the

Chief Administrative Officer of the House of Representatives, as

appropriate.

(f) TREATMENT OF SURPLUS.— (1) SURPLUS DEPOSITED IN TREASURY.—As of September 30

of each year, any surplus in the Fund above the amounts

transferred or appropriated to establish and maintain the Fund

(all assets, liabilities, and prior losses considered) shall be

deposited in the Treasury as miscellaneous receipts.

(2) SURPLUS RETAINED.—From any surplus generated by operation of the Fund, the Administrator may retain amounts necessary to maintain a sufficient level of inventory of personal

property to meet the needs of the federal agencies.

(g) AUDITS.—The Comptroller General shall audit the Fund in

accordance with the provisions of chapter 35 of title 31 and report

the results of the audits.

§ 322. Information Technology Fund

(a) EXISTENCE.—There is an Information Technology Fund in

the Treasury.

(b) COST AND CAPITAL REQUIREMENTS.—

(1) IN GENERAL.—The Administrator of General Services shall

determine the cost and capital requirements of the Fund for

each fiscal year. The cost and capital requirements may include

amounts—

(A) needed to purchase (if the Administrator has determined that purchase is the least costly alternative) information processing and transmission equipment, software, systems, and operating facilities necessary to provide services;

(B) resulting from operations of the Fund, including the

net proceeds from the disposal of excess or surplus personal

property and receipts from carriers and others for loss

or damage to property; and

(C) that are appropriated, authorized to be transferred,

or otherwise made available to the Fund.

(2) SUBMITTING PLANS TO OFFICE OF MANAGEMENT AND

BUDGET.—The Administrator shall submit plans concerning the

cost and capital requirements determined under this section,

and other information as may be requested, for review and

approval by the Director of the Office of Management and

Budget. Plans submitted under this section fulfill the requirements of sections 1512 and 1513 of title 31.

(3) ADJUSTMENTS.—Any change to the cost and capital

requirements of the Fund for a fiscal year shall be made in

the same manner as the initial fiscal year determination.

(c) USE.—

(1) IN GENERAL.—The Fund is available for expenses,

including personal services and other costs, and for procurement

(by lease, purchase, transfer, or otherwise) to efficiently provide

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1077

information technology resources to federal agencies and to

efficiently manage, coordinate, operate, and use those resources.

(2) SPECIFICALLY INCLUDED ITEMS.—Information technology

resources provided under this section include information processing and transmission equipment, software, systems, operating facilities, supplies, and related services including maintenance and repair.

(3) CANCELLATION COSTS.—Any cancellation costs incurred

for a contract entered into under subsection (e) shall be paid

from money currently available in the Fund.

(4) NO FISCAL YEAR LIMITATION.—The Fund is available without fiscal year limitation.

(d) CHARGES TO AGENCIES.—If the Director approves plans submitted by the Administrator under subsection (b), the Administrator

shall establish rates, consistent with the approval, to be charged

to agencies for information technology resources provided through

the Fund.

(e) CONTRACT AUTHORITY.—

(1) IN GENERAL.—In operating the Fund, the Administrator

may enter into multiyear contracts, not longer than 5 years,

to provide information technology hardware, software, or services if—

(A) amounts are available and adequate to pay the costs

of the contract for the first fiscal year and any costs of

cancellation or termination;

(B) the contract is awarded on a fully competitive basis;

and

(C) the Administrator determines that—

(i) the need for the information technology hardware,

software, or services being provided will continue over

the period of the contract;

(ii) the use of the multiyear contract will yield

substantial cost savings when compared with other

methods of providing the necessary resources; and

(iii) the method of contracting will not exclude small

business participation.

(2) EFFECT ON OTHER LAW.—This subsection does not limit

the authority of the Administrator to procure equipment and

services under sections 501–505 of this title.

(f) TRANSFER OF UNCOMMITTED BALANCE.—After the close of each

fiscal year, any uncommitted balance remaining in the Fund, after

making provision for anticipated operating needs as determined

by the Office of Management and Budget, shall be transferred

to the Treasury as miscellaneous receipts.

(g) ANNUAL REPORT.—The Administrator shall report annually

to the Director on the operation of the Fund. The report must

address the inventory, use, and acquisition of information processing

equipment and identify any proposed increases to the capital of

the Fund.

§ 323. Consumer Information Center Fund

(a) EXISTENCE.—There is in the Treasury a Consumer Information

Center Fund, General Services Administration, for the purpose

of disseminating Federal Government consumer information to the

public and for other related purposes.

(b) DEPOSITS.—Money shall be deposited into the Fund from—

116 STAT. 1078 PUBLIC LAW 107–217—AUG. 21, 2002

(1) appropriations from the Treasury for Consumer Information Center activities;

(2) user fees from the public;

(3) reimbursements from other federal agencies for costs of

distributing publications; and

(4) any other income incident to Center activities.

(c) EXPENDITURES.—Money deposited into the Fund is available

for expenditure for Center activities in amounts specified in appropriation laws. The Fund shall assume all liabilities, obligations,

and commitments of the Center account.

(d) UNOBLIGATED BALANCES.—Any unobligated balances at the

end of a fiscal year remain in the Fund and are available for

authorization in appropriation laws for subsequent fiscal years.

(e) GIFT ACCOUNT.—The Center may accept and deposit to this

account gifts for purposes of defraying the costs of printing, publishing, and distributing consumer information and educational

materials and undertaking other consumer information activities.

In addition to amounts appropriated or otherwise made available,

the Center may expend the gifts for these purposes and any balance

remains available for expenditure.

CHAPTER 5—PROPERTY MANAGEMENT

SUBCHAPTER I—PROCUREMENT AND WAREHOUSING

Sec.

501. Services for executive agencies.

502. Services for other entities.

503. Exchange or sale of similar items.

504. Agency cooperation for inspection.

505. Exchange or transfer of medical supplies.

506. Inventory controls and systems.

SUBCHAPTER II—USE OF PROPERTY

521. Policies and methods.

522. Reimbursement for transfer of excess property.

523. Excess real property located on Indian reservations.

524. Duties of executive agencies.

525. Excess personal property for federal agency grantees.

526. Temporary assignment of excess real property.

527. Abandonment, destruction, or donation of property.

528. Utilization of excess furniture.

529. Annual executive agency reports on excess personal property.

SUBCHAPTER III—DISPOSING OF PROPERTY

541. Supervision and direction.

542. Care and handling.

543. Method of disposition.

544. Validity of transfer instruments.

545. Procedure for disposal.

546. Contractor inventories.

547. Agricultural commodities, foods, and cotton or woolen goods.

548. Surplus vessels.

549. Donation of personal property through state agencies.

550. Disposal of real property for certain purposes.

551. Donations to American Red Cross.

552. Abandoned or unclaimed property on Government premises.

553. Property for correctional facility, law enforcement, and emergency management response purposes. 554. Property for development or operation of a port facility.

555. Donation of law enforcement canines to handlers.

556. Disposal of dredge vessels.

557. Donation of books to Free Public Library.

558. Donation of forfeited vessels.

559. Advice of Attorney General with respect to antitrust law.

SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER

571. General rules for deposit and use of proceeds.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1079

572. Real property.

573. Personal property.

574. Other rules regarding proceeds.

SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED ACTIVITIES

581. General authority of Administrator of General Services.

582. Management of buildings by Administrator of General Services.

583. Construction of buildings.

584. Assignment and reassignment of space.

585. Lease agreements.

586. Charges for space and services.

587. Telecommuting and other alternative workplace arrangements.

588. Movement and supply of office furniture.

589. Installation, repair, and replacement of sidewalks.

590. Child care.

591. Purchase of electricity.

592. Federal Buildings Fund.

593. Protection for veterans preference employees.

SUBCHAPTER VI—MOTOR VEHICLE POOLS AND TRANSPORTATION

SYSTEMS

601. Purposes.

602. Authority to establish motor vehicle pools and transportation systems.

603. Process for establishing motor vehicle pools and transportation systems.

604. Treatment of assets taken over to establish motor vehicle pools and transportation systems.

605. Payment of costs.

606. Regulations related to operation.

607. Records.

608. Scrip, tokens, tickets.

609. Identification of vehicles.

610. Discontinuance of motor vehicle pool or system.

611. Duty to report violations.

SUBCHAPTER I—PROCUREMENT AND WAREHOUSING

§ 501. Services for executive agencies

(a) AUTHORITY OF ADMINISTRATOR OF GENERAL SERVICES.—

(1) IN GENERAL.—The Administrator of General Services shall

take action under this subchapter for an executive agency—

(A) to the extent that the Administrator of General Services determines that the action is advantageous to the

Federal Government in terms of economy, efficiency, or

service; and

(B) with due regard to the program activities of the

agency.

(2) EXEMPTION FOR DEFENSE.—The Secretary of Defense may

exempt the Department of Defense from an action taken by

the Administrator of General Services under this subchapter,

unless the President directs otherwise, whenever the Secretary

determines that an exemption is in the best interests of national

security.

(b) PROCUREMENT AND SUPPLY.—

(1) FUNCTIONS.—

(A) IN GENERAL.—The Administrator of General Services

shall procure and supply personal property and nonpersonal services for executive agencies to use in the proper

discharge of their responsibilities, and perform functions

related to procurement and supply including contracting,

inspection, storage, issue, property identification and classification, transportation and traffic management, management of public utility services, and repairing and converting.

116 STAT. 1080 PUBLIC LAW 107–217—AUG. 21, 2002

(B) PUBLIC UTILITY CONTRACTS.—A contract for public

utility services may be made for a period of not more

than 10 years.

(2) POLICIES AND METHODS.—

(A) IN GENERAL.—The Administrator of General Services

shall prescribe policies and methods for executive agencies

regarding the procurement and supply of personal property

and nonpersonal services and related functions.

(B) CONTROLLING REGULATION.—Policies and methods

prescribed by the Administrator of General Services under

this paragraph are subject to regulations prescribed by

the Administrator for Federal Procurement Policy under

the Office of Federal Procurement Policy Act (41 U.S.C.

401 et seq.).

(c) REPRESENTATION.—For transportation and other public utility

services used by executive agencies, the Administrator of General

Services shall represent the agencies—

(1) in negotiations with carriers and other public utilities;

and

(2) in proceedings involving carriers or other public utilities

before federal and state regulatory bodies.

(d) FACILITIES.—The Administrator of General Services shall

operate, for executive agencies, warehouses, supply centers, repair

shops, fuel yards, and other similar facilities. After consultation

with the executive agencies affected, the Administrator of General

Services shall consolidate, take over, or arrange for executive agencies to operate the facilities.

§ 502. Services for other entities

(a) FEDERAL AGENCIES, MIXED-OWNERSHIP GOVERNMENT CORPORATIONS, AND THE DISTRICT OF COLUMBIA.—On request, the

Administrator of General Services shall provide, to the extent practicable, any of the services specified in section 501 of this title

to—

(1) a federal agency;

(2) a mixed-ownership Government corporation (as defined

in section 9101 of title 31); or

(3) the District of Columbia.

(b) QUALIFIED NONPROFIT AGENCIES.—

(1) IN GENERAL.—On request, the Administrator may provide,

to the extent practicable, any of the services specified in section

501 of this title to an agency that is—

(A)(i) a qualified nonprofit agency for the blind (as

defined in section 5(3) of the Javits-Wagner-O’Day Act

(41 U.S.C. 48b(3))); or

(ii) a qualified nonprofit agency for other severely handicapped (as defined in section 5(4) of the Javits-WagnerO’Day Act (41 U.S.C. 48b(4))); and

(B) providing a commodity or service to the Federal

Government under the Javits-Wagner-O’Day Act (41 U.S.C.

46 et seq.).

(2) USE OF SERVICES.—A nonprofit agency receiving services

under this subsection shall use the services directly in making

or providing to the Government a commodity or service that

has been determined by the Committee for Purchase From

People Who Are Blind or Severely Disabled under section 2

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1081

of the Javits-Wagner-O’Day Act (41 U.S.C. 47) to be suitable

for procurement by the Government.

§ 503. Exchange or sale of similar items

(a) AUTHORITY OF EXECUTIVE AGENCIES.—In acquiring personal

property, an executive agency may exchange or sell similar items

and may apply the exchange allowance or proceeds of sale in whole

or in part payment for the property acquired.

(b) APPLICABLE REGULATION AND LAW.— (1) REGULATIONS PRESCRIBED BY ADMINISTRATOR OF GENERAL

SERVICES.—A transaction under subsection (a) must be carried

out in accordance with regulations the Administrator of General

Services prescribes, subject to regulations prescribed by the

Administrator for Federal Procurement Policy under the Office

of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).

(2) IN WRITING.—A transaction under subsection (a) must

be evidenced in writing.

(3) SECTION 3709 OF REVISED STATUTES.—Section 3709 of the

Revised Statutes (41 U.S.C. 5) applies to a sale of property

under subsection (a), except that fixed price sales may be conducted in the same manner and subject to the same conditions

as are applicable to the sale of property under section 545(d)

of this title.

§ 504. Agency cooperation for inspection

(a) RECEIVING ASSISTANCE.—An executive agency may use the

services, work, materials, and equipment of another executive

agency, with the consent of the other executive agency, to inspect

personal property incident to procuring the property.

(b) PROVIDING ASSISTANCE.—Notwithstanding section 1301(a) of

title 31 or any other law, an executive agency may provide services,

work, materials, and equipment for purposes of this section without

reimbursement or transfer of amounts.

(c) POLICIES AND METHODS.—The use or provision of services,

work, materials, and equipment under this section must be in

conformity with policies and methods the Administrator of General

Services prescribes under section 501 of this title.

§ 505. Exchange or transfer of medical supplies

(a) EXCESS PROPERTY DETERMINATION.—

(1) IN GENERAL.—Medical materials or supplies an executive

agency holds for national emergency purposes are considered

excess property for purposes of subchapter II when the head

of the agency determines that—

(A) the remaining storage or shelf life is too short to

justify continued retention for national emergency purposes; and

(B) transfer or other disposal is in the national interest.

(2) TIMING.—To the greatest extent practicable, the head

of the agency shall make the determination in sufficient time

to allow for the transfer or other disposal and use of medical

materials or supplies before their shelf life expires and they

are rendered unfit for human use.

(b) TRANSFER OR EXCHANGE.—

(1) IN GENERAL.—In accordance with regulations the Administrator of General Services prescribes, medical materials or supplies considered excess property may be transferred to another

116 STAT. 1082 PUBLIC LAW 107–217—AUG. 21, 2002

federal agency or exchanged with another federal agency for

other medical materials or supplies.

(2) USE OF PROCEEDS.—Any proceeds derived from a transfer

under this section may be credited to the current applicable

appropriation or fund of the transferor agency and shall be

available only to purchase medical materials or supplies to

be held for national emergency purposes.

(3) DISPOSAL AS SURPLUS PROPERTY.—If the materials or supplies are not transferred to or exchanged with another federal

agency, they shall be disposed of as surplus property.

§ 506. Inventory controls and systems

(a) ACTIVITIES OF THE ADMINISTRATOR OF GENERAL SERVICES.— (1) IN GENERAL.—Subject to paragraph (2), and after adequate

advance notice to affected executive agencies, the Administrator

of General Services may undertake the following activities as

necessary to carry out functions under this chapter:

(A) SURVEYS AND REPORTS.—Survey and obtain executive

agency reports on Federal Government property and property management practices.

(B) INVENTORY LEVELS.—Cooperate with executive agencies to establish reasonable inventory levels for property

stocked by them, and report any excessive inventory levels

to Congress and to the Director of the Office of Management

and Budget.

(C) FEDERAL SUPPLY CATALOG SYSTEM.—Establish and

maintain a uniform federal supply catalog system that

is appropriate to identify and classify personal property

under the control of federal agencies.

(D) STANDARD PURCHASE SPECIFICATIONS AND STANDARD

FORMS AND PROCEDURES.—Prescribe standard purchase

specifications and standard forms and procedures (except

forms and procedures that the Comptroller General prescribes by law) subject to regulations the Administrator

for Federal Procurement Policy prescribes under the Office

of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).

(2) SPECIAL CONSIDERATIONS REGARDING DEPARTMENT OF

DEFENSE.—

(A) IN GENERAL.—The Administrator of General Services

shall carry out activities under paragraph (1) with due

regard to the requirements of the Department of Defense,

as determined by the Secretary of Defense.

(B) FEDERAL SUPPLY CATALOG SYSTEM.—In establishing

and maintaining a uniform federal supply catalog system

under paragraph (1)(C), the Administrator of General Services and the Secretary shall coordinate to avoid unnecessary

duplication.

(b) ACTIVITIES OF FEDERAL AGENCIES.—Each federal agency shall

use the uniformed federal supply catalog system, the standard

purchase specifications, and the standard forms and procedures

established under subsection (a), except as the Administrator of

General Services, considering efficiency, economy, or other interests

of the Government, may otherwise provide.

(c) AUDIT OF PROPERTY ACCOUNTS.—The Comptroller General

shall audit all types of property accounts and transactions. Audits

shall be conducted at the time and in the manner the Comptroller

General decides and as far as practicable at the place where the

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1083

property or records of the executive agencies are kept. Audits shall

include an evaluation of the effectiveness of internal controls and

audits, and a general audit of the discharge of accountability for

Government-owned or controlled property, based on generally

accepted principles of auditing.

SUBCHAPTER II—USE OF PROPERTY

§ 521. Policies and methods

Subject to section 523 of this title, in order to minimize expenditures for property, the Administrator of General Services shall— (1) prescribe policies and methods to promote the maximum

use of excess property by executive agencies; and

(2) provide for the transfer of excess property— (A) among federal agencies; and

(B) to the organizations specified in section 321(c)(2)

of this title.

§ 522. Reimbursement for transfer of excess property

(a) IN GENERAL.—Subject to subsections (b) and (c) of this section,

the Administrator of General Services, with the approval of the

Director of the Office of Management and Budget, shall prescribe

the amount of reimbursement required for a transfer of excess

property.

(b) REIMBURSEMENT AT FAIR VALUE.—The amount of reimbursement required for a transfer of excess property is the fair value

of the property, as determined by the Administrator, if—

(1) net proceeds are requested under section 574(a) of this

title; or

(2) either the transferor or the transferee agency (or the

organizational unit affected) is—

(A) subject to chapter 91 of title 31; or

(B) an organization specified in section 321(c)(2) of this

title.

(c) DISTRIBUTION THROUGH GENERAL SERVICES ADMINISTRATION

SUPPLY CENTERS.—Excess property determined by the Administrator to be suitable for distribution through the supply centers

of the General Services Administration shall be retransferred at

prices set by the Administrator with due regard to prices established

under section 321(d) of this title.

§ 523. Excess real property located on Indian reservations

(a) PROCEDURES FOR TRANSFER.—The Administrator of General

Services shall prescribe procedures necessary to transfer to the

Secretary of the Interior, without compensation, excess real property

located within the reservation of any group, band, or tribe of Indians

that is recognized as eligible for services by the Bureau of Indian

Affairs.

(b) PROPERTY HELD IN TRUST.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

Secretary shall hold excess real property transferred under

this section in trust for the benefit and use of the group,

band, or tribe of Indians, within whose reservation the excess

real property is located.

(2) SPECIAL REQUIREMENT FOR OKLAHOMA.—The Secretary

shall hold excess real property that is located in Oklahoma

116 STAT. 1084 PUBLIC LAW 107–217—AUG. 21, 2002

and transferred under this section in trust for Oklahoma Indian

tribes recognized by the Secretary if the real property— (A) is located within boundaries of former reservations

in Oklahoma, as defined by the Secretary, and was held

in trust by the Federal Government for an Indian tribe

when the Government acquired it; or

(B) is contiguous to real property presently held in trust

by the Government for an Oklahoma Indian tribe and

was held in trust by the Government for an Indian tribe

at any time.

§ 524. Duties of executive agencies

(a) REQUIRED.—Each executive agency shall— (1) maintain adequate inventory controls and accountability

systems for property under its control;

(2) continuously survey property under its control to identify

excess property;

(3) promptly report excess property to the Administrator of

General Services;

(4) perform the care and handling of excess property; and

(5) transfer or dispose of excess property as promptly as

possible in accordance with authority delegated and regulations

prescribed by the Administrator.

(b) REQUIRED AS FAR AS PRACTICABLE.—Each executive agency,

as far as practicable, shall—

(1) reassign property to another activity within the agency

when the property is no longer required for the purposes of

the appropriation used to make the purchase;

(2) transfer excess property under its control to other federal

agencies and to organizations specified in section 321(c)(2) of

this title; and

(3) obtain excess property from other federal agencies.

§ 525. Excess personal property for federal agency grantees

(a) GENERAL PROHIBITION.—A federal agency is prohibited from

obtaining excess personal property for the purpose of furnishing

the property to a grantee of the agency, except as provided in

this section.

(b) EXCEPTION FOR PUBLIC AGENCIES AND TAX-EXEMPT NONPROFIT

ORGANIZATIONS.—

(1) IN GENERAL.—Under regulations the Administrator of

General Services may prescribe, a federal agency may obtain

excess personal property for the purpose of furnishing it to

a public agency or an organization that is nonprofit and exempt

from taxation under section 501 of the Internal Revenue Code

of 1986 (26 U.S.C. 501), if—

(A) the agency or organization is conducting a federally

sponsored project pursuant to a grant made for a specific

purpose with a specific termination provision;

(B) the property is to be furnished for use in connection

with the grant; and

(C)(i) the sponsoring federal agency pays an amount

equal to 25 percent of the original acquisition cost (except

for costs of care and handling) of the excess property;

and

(ii) the amount is deposited in the Treasury as miscellaneous receipts.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1085

(2) TITLE.—Title to excess property obtained under this subsection vests in the grantee. The grantee shall account for

and dispose of the property in accordance with procedures

governing accountability for personal property acquired under

grant agreements.

(c) EXCEPTION FOR CERTAIN PROPERTY FURNISHED BY SECRETARY

OF AGRICULTURE.—

(1) DEFINITION.—In this subsection, the term ‘‘State’’ means

a State of the United States, Puerto Rico, Guam, American

Samoa, the Northern Mariana Islands, the Federated States

of Micronesia, the Marshall Islands, Palau, the Virgin Islands,

and the District of Columbia.

(2) IN GENERAL.—Under regulations and restrictions the

Administrator may prescribe, subsection (a) does not apply

to property furnished by the Secretary of Agriculture to—

(A) a state or county extension service engaged in

cooperative agricultural extension work under the SmithLever Act (7 U.S.C. 341 et seq.);

(B) a state experiment station engaged in cooperative

agricultural research work under the Hatch Act of 1887

(7 U.S.C. 361a et seq.); or

(C) an institution engaged in cooperative agricultural

research or extension work under section 1433, 1434, 1444,

or 1445 of the National Agricultural Research, Extension,

and Teaching Policy Act of 1977 (7 U.S.C. 3195, 3196,

3221, or 3222), or the Act of October 10, 1962 (16 U.S.C.

582a et seq.), if the Federal Government retains title.

(d) OTHER EXCEPTIONS.—Under regulations and restrictions the

Administrator may prescribe, subsection (a) does not apply to—

(1) property furnished under section 608 of the Foreign Assistance Act of 1961 (22 U.S.C. 2358), to the extent that the

Administrator determines that the property is not needed for

donation under section 549 of this title;

(2) scientific equipment furnished under section 11(e) of the

National Science Foundation Act of 1950 (42 U.S.C. 1870(e));

(3) property furnished under section 203 of the Department

of Agriculture Organic Act of 1944 (16 U.S.C. 580a), in connection with the Cooperative Forest Fire Control Program, if the

Government retains title; or

(4) property furnished in connection with a grant to a tribe,

as defined in section 3(c) of the Indian Financing Act of 1974

(25 U.S.C. 1452(c)).

§ 526. Temporary assignment of excess real property

(a) ASSIGNMENT OF SPACE.—The Administrator of General Services may temporarily assign or reassign space in excess real property to a federal agency, for use as office or storage space or

for a related purpose, if the Administrator determines that assignment or reassignment is more advantageous than permanent

transfer. The Administrator shall determine the duration of the

assignment or reassignment.

(b) REIMBURSEMENT FOR MAINTENANCE.—If there is no appropriation available to the Administrator for the expense of maintaining

the space, the Administrator may obtain appropriate reimbursement

from the federal agency.

116 STAT. 1086 PUBLIC LAW 107–217—AUG. 21, 2002

§ 527. Abandonment, destruction, or donation of property

The Administrator of General Services may authorize the

abandonment or destruction of property, or the donation of property

to a public body, if— (1) the property has no commercial value; or

(2) the estimated cost of continued care and handling exceeds

the estimated proceeds from sale.

§ 528. Utilization of excess furniture

A department or agency of the Federal Government may not

use amounts provided by law to purchase furniture if the Administrator of General Services determines that requirements can reasonably be met by transferring excess furniture, including rehabilitated

furniture, from other departments or agencies pursuant to this

subtitle.

§ 529. Annual executive agency reports on excess personal

property

(a) IN GENERAL.—During the calendar quarter following the close

of each fiscal year, each executive agency shall submit to the

Administrator of General Services a report on personal property—

(1) obtained as—

(A) excess property; or

(B) personal property determined to be no longer required

for the purpose of the appropriation used to make the

purchase; and

(2) furnished within the United States to a recipient other

than a federal agency.

(b) REQUIRED INFORMATION.—The report must set out the categories of equipment and show— (1) the acquisition cost of the property;

(2) the recipient of the property; and

(3) other information the Administrator may require.

SUBCHAPTER III—DISPOSING OF PROPERTY

§ 541. Supervision and direction

Except as otherwise provided in this subchapter, the Administrator of General Services shall supervise and direct the disposition

of surplus property in accordance with this subtitle.

§ 542. Care and handling

The disposal of surplus property, and the care and handling

of the property pending disposition, may be performed by the General Services Administration or, when the Administrator of General

Services decides, by the executive agency in possession of the property or by any other executive agency that agrees.

§ 543. Method of disposition

An executive agency designated or authorized by the Administrator of General Services to dispose of surplus property may do

so by sale, exchange, lease, permit, or transfer, for cash, credit,

or other property, with or without warranty, on terms and conditions that the Administrator considers proper. The agency may

execute documents to transfer title or other interest in the property

and may take other action it considers necessary or proper to

dispose of the property under this chapter.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1087

§ 544. Validity of transfer instruments

A deed, bill of sale, lease, or other instrument executed by or

on behalf of an executive agency purporting to transfer title or

other interest in surplus property under this chapter is conclusive

evidence of compliance with the provisions of this chapter concerning title or other interest of a bona fide grantee or transferee

for value and without notice of lack of compliance.

§ 545. Procedure for disposal

(a) PUBLIC ADVERTISING FOR BIDS.—

(1) REQUIREMENT.—

(A) IN GENERAL.—Except as provided in subparagraph

(B), the Administrator of General Services may make or

authorize a disposal or a contract for disposal of surplus

property only after public advertising for bids, under regulations the Administrator prescribes.

(B) EXCEPTIONS.—This subsection does not apply to disposal or a contract for disposal of surplus property—

(i) under subsection (b) or (d); or

(ii) by abandonment, destruction, or donation or

through a contract broker.

(2) TIME, METHOD, AND TERMS.—The time, method, and terms

and conditions of advertisement must permit full and free competition consistent with the value and nature of the property

involved.

(3) PUBLIC DISCLOSURE.—Bids must be publicly disclosed at

the time and place stated in the advertisement.

(4) AWARDS.—An award shall be made with reasonable

promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, is most advantageous to

the Federal Government, price and other factors considered.

However, all bids may be rejected if it is in the public interest

to do so.

(b) NEGOTIATED DISPOSAL.—Under regulations the Administrator

prescribes, disposals and contracts for disposal may be negotiated

without regard to subsection (a), but subject to obtaining competition that is feasible under the circumstances, if—

(1) necessary in the public interest—

(A) during the period of a national emergency declared

by the President or Congress, with respect to a particular

lot of personal property; or

(B) for a period not exceeding three months, with respect

to a specifically described category of personal property

as determined by the Administrator;

(2) the public health, safety, or national security will be

promoted by a particular disposal of personal property;

(3) public exigency will not allow delay incident to advertising

certain personal property;

(4) the nature and quantity of personal property involved

are such that disposal under subsection (a) would impact an

industry to an extent that would adversely affect the national

economy, and the estimated fair market value of the property

and other satisfactory terms of disposal can be obtained by

negotiation;

(5) the estimated fair market value of the property involved

does not exceed $15,000;

116 STAT. 1088 PUBLIC LAW 107–217—AUG. 21, 2002

(6) after advertising under subsection (a), the bid prices for

the property, or part of the property, are not reasonable or

have not been independently arrived at in open competition;

(7) with respect to real property, the character or condition

of the property or unusual circumstances make it impractical

to advertise publicly for competitive bids and the fair market

value of the property and other satisfactory terms of disposal

can be obtained by negotiation;

(8) the disposal will be to a State, territory, or possession

of the United States, or to a political subdivision of, or a

tax-supported agency in, a State, territory, or possession, and

the estimated fair market value of the property and other

satisfactory terms of disposal are obtained by negotiation; or

(9) otherwise authorized by law.

(c) DISPOSAL THROUGH CONTRACT BROKERS.—Disposals and contracts for disposal of surplus real and related personal property

through contract realty brokers employed by the Administrator

shall be made in the manner followed in similar commercial transactions under regulations the Administrator prescribes. The regulations must require that brokers give wide public notice of the

availability of the property for disposal.

(d) NEGOTIATED SALE AT FIXED PRICE.—

(1) AUTHORIZATION.—The Administrator may make a negotiated sale of personal property at a fixed price, either directly

or through the use of a disposal contractor, without regard

to subsection (a). However, the sale must be publicized to

an extent consistent with the value and nature of the property

involved and the price established must reflect the estimated

fair market value of the property. Sales under this subsection

are limited to categories of personal property for which the

Administrator determines that disposal under this subsection

best serves the interests of the Government.

(2) FIRST OFFER.—Under regulations and restrictions the

Administrator prescribes, an opportunity to purchase property

at a fixed price under this subsection may be offered first

to an entity specified in subsection (b)(8) that has expressed

an interest in the property.

(e) EXPLANATORY STATEMENTS FOR NEGOTIATED DISPOSALS.—

(1) REQUIREMENT.—

(A) IN GENERAL.—Except as provided in subparagraph

(B), an explanatory statement of the circumstances shall

be prepared for each disposal by negotiation of—

(i) personal property that has an estimated fair

market value in excess of $15,000;

(ii) real property that has an estimated fair market

value in excess of $100,000, except that real property

disposed of by lease or exchange is subject only to

clauses (iii)–(v) of this subparagraph;

(iii) real property disposed of by lease for a term

of not more than 5 years, if the estimated fair annual

rent is more than $100,000 for any year;

(iv) real property disposed of by lease for a term

of more than 5 years, if the total estimated rent over

the term of the lease is more than $100,000; or

(v) real property or real and related personal property disposed of by exchange, regardless of value, or

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1089

any property for which any part of the consideration

is real property.

(B) EXCEPTION.—An explanatory statement is not

required for a disposal of personal property under subsection (d), or for a disposal of real or personal property

authorized by any other law to be made without advertising.

(2) TRANSMITTAL TO CONGRESS.—The explanatory statement

shall be transmitted to the appropriate committees of Congress

in advance of the disposal, and a copy of the statement shall

be preserved in the files of the executive agency making the

disposal.

(3) LISTING IN REPORT.—A report of the Administrator under

section 126 of this title must include a listing and description

of any negotiated disposals of surplus property having an estimated fair market value of more than $15,000, in the case

of real property, or $5,000, in the case of any other property,

other than disposals for which an explanatory statement has

been transmitted under this subsection.

(f) APPLICABILITY OF OTHER LAW.—Section 3709 of the Revised

Statutes (41 U.S.C. 5) does not apply to a disposal or contract

for disposal made under this section.

§ 546. Contractor inventories

Subject to regulations of the Administrator of General Services,

an executive agency may authorize a contractor or subcontractor

with the agency to retain or dispose of contractor inventory.

§ 547. Agricultural commodities, foods, and cotton or woolen

goods

(a) POLICIES.—The Administrator of General Services shall consult with the Secretary of Agriculture to formulate policies for

the disposal of surplus agricultural commodities, surplus foods processed from agricultural commodities, and surplus cotton or woolen

goods. The policies shall be formulated to prevent surplus agricultural commodities, or surplus foods processed from agricultural

commodities, from being dumped on the market in a disorderly

manner and disrupting the market prices for agricultural commodities.

(b) TRANSFERS TO DEPARTMENT OF AGRICULTURE.—

(1) IN GENERAL.—The Administrator shall transfer without

charge to the Department of Agriculture any surplus agricultural commodities, foods, and cotton or woolen goods for disposal, when the Secretary determines that a transfer is necessary for the Secretary to carry out responsibilities for price

support or stabilization.

(2) DEPOSIT OF RECEIPTS.—Receipts resulting from disposal

by the Department under this subsection shall be deposited

pursuant to any authority available to the Secretary. When

applicable, however, net proceeds from the sale of surplus property transferred under this subsection shall be credited pursuant to section 572(a) of this title.

(3) LIMITATION OF SALES.—Surplus farm commodities transferred under this subsection may not be sold, other than for

export, in quantities exceeding, or at prices less than, the

applicable quantities and prices for sales of those commodities

by the Commodity Credit Corporation.

116 STAT. 1090 PUBLIC LAW 107–217—AUG. 21, 2002

§ 548. Surplus vessels

The Maritime Administration shall dispose of surplus vessels

of 1,500 gross tons or more which the Administration determines

to be merchant vessels or capable of conversion to merchant use.

The vessels shall be disposed of in accordance with the Merchant

Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), and other laws

authorizing the sale of such vessels.

§ 549. Donation of personal property through state agencies

(a) DEFINITIONS.—In this section, the following definitions apply:

(1) PUBLIC AGENCY.—The term ‘‘public agency’’ means—

(A) a State;

(B) a political subdivision of a State (including a unit

of local government or economic development district);

(C) a department, agency, or instrumentality of a State

(including instrumentalities created by compact or other

agreement between States or political subdivisions); or

(D) an Indian tribe, band, group, pueblo, or community

located on a state reservation.

(2) STATE.—The term ‘‘State’’ means a State of the United

States, the District of Columbia, Puerto Rico, the Virgin Islands,

Guam, the Northern Mariana Islands, and American Samoa.

(3) STATE AGENCY.—The term ‘‘state agency’’ means an agency

designated under state law as the agency responsible for fair

and equitable distribution, through donation, of property transferred under this section.

(b) AUTHORIZATION.—

(1) IN GENERAL.—The Administrator of General Services, in

the Administrator’s discretion and under regulations the

Administrator may prescribe, may transfer property described

in paragraph (2) to a state agency.

(2) PROPERTY.—

(A) IN GENERAL.—Property referred to in paragraph (1)

is any personal property that— (i) is under the control of an executive agency; and

(ii) has been determined to be surplus property.

(B) SPECIAL RULE.—In determining whether the property

is to be transferred for donation under this section, no

distinction may be made between property capitalized in

a working-capital fund established under section 2208 of

title 10 (or similar fund) and any other property.

(3) NO COST.—Transfer of property under this section is without cost, except for any costs of care and handling.

(c) ALLOCATION AND TRANSFER OF PROPERTY.—

(1) IN GENERAL.—The Administrator shall allocate and

transfer property under this section in accordance with criteria

that are based on need and use and that are established after

consultation with state agencies to the extent feasible. The

Administrator shall give fair consideration, consistent with the

established criteria, to an expression of need and interest from

a public agency or other eligible institution within a State.

The Administrator shall give special consideration to an eligible

recipient’s request, transmitted through the state agency, for

a specific item of property.

(2) ALLOCATION AMONG STATES.—The Administrator shall

allocate property among the States on a fair and equitable

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1091

basis, taking into account the condition of the property as

well as the original acquisition cost of the property.

(3) RECIPIENTS AND PURPOSES.—The Administrator shall

transfer to a state agency property the state agency selects

for distribution through donation within the State—

(A) to a public agency for use in carrying out or promoting, for residents of a given political area, a public

purpose, including conservation, economic development,

education, parks and recreation, public health, and public

safety; or

(B) for purposes of education or public health (including

research), to a nonprofit educational or public health

institution or organization that is exempt from taxation

under section 501 of the Internal Revenue Code of 1986

(26 U.S.C. 501), including—

(i) a medical institution, hospital, clinic, health

center, or drug abuse treatment center;

(ii) a provider of assistance to homeless individuals

or to families or individuals whose annual incomes

are below the poverty line (as that term is defined

in section 673 of the Community Services Block Grant

Act (42 U.S.C. 9902));

(iii) a school, college, or university;

(iv) a school for the mentally retarded or physically

handicapped;

(v) a child care center;

(vi) a radio or television station licensed by the Federal Communications Commission as an educational

radio or educational television station;

(vii) a museum attended by the public; or

(viii) a library serving free all residents of a community, district, State, or region.

(4) EXCEPTION.—This subsection does not apply to property

transferred under subsection (d).

(d) DEPARTMENT OF DEFENSE PROPERTY.—

(1) DETERMINATION.—The Secretary of Defense shall determine whether surplus personal property under the control of

the Department of Defense is usable and necessary for educational activities which are of special interest to the armed

services, including maritime academies, or military, naval, Air

Force, or Coast Guard preparatory schools.

(2) PROPERTY USABLE FOR SPECIAL INTEREST ACTIVITIES.—

If the Secretary of Defense determines that the property is

usable and necessary for educational activities which are of

special interest to the armed services, the Secretary shall allocate the property for transfer by the Administrator to the

appropriate state agency for distribution through donation to

the educational activities.

(3) PROPERTY NOT USABLE FOR SPECIAL INTEREST ACTIVITIES.—If the Secretary of Defense determines that the property

is not usable and necessary for educational activities which

are of special interest to the armed services, the property

may be disposed of in accordance with subsection (c).

(e) STATE PLAN OF OPERATION.—

(1) IN GENERAL.—Before property may be transferred to a

state agency, the State shall develop a detailed state plan

116 STAT. 1092 PUBLIC LAW 107–217—AUG. 21, 2002

of operation, in accordance with this subsection and with state

law.

(2) PROCEDURE.—

(A) CONSIDERATION OF NEEDS AND RESOURCES.—In developing and implementing the state plan of operation, the

relative needs and resources of all public agencies and

other eligible institutions in the State shall be taken into

consideration. The Administrator may consult with

interested federal agencies to obtain their views concerning

the administration and operation of this section.

(B) PUBLICATION AND PERIOD FOR COMMENT.—The state

plan of operation, and any major amendment to the plan,

may not be filed with the Administrator until 60 days

after general notice of the proposed plan or amendment

has been published and interested persons have been given

at least 30 days to submit comments.

(C) CERTIFICATION.—The chief executive officer of the

State shall certify and submit the state plan of operation

to the Administrator.

(3) REQUIREMENTS.—

(A) STATE AGENCY.—The state plan of operation shall

include adequate assurance that the state agency has—

(i) the necessary organizational and operational

authority and capability including staff, facilities, and

means and methods of financing; and

(ii) established procedures for accountability, internal

and external audits, cooperative agreements, compliance and use reviews, equitable distribution and property disposal, determination of eligibility, and assistance through consultation with advisory bodies and

public and private groups.

(B) EQUITABLE DISTRIBUTION.—The state plan of operation shall provide for fair and equitable distribution of

property in the State based on the relative needs and

resources of interested public agencies and other eligible

institutions in the State and their abilities to use the

property.

(C) MANAGEMENT CONTROL AND ACCOUNTING SYSTEMS.—

The state plan of operation shall require, for donable property transferred under this section, that the state agency

use management control and accounting systems of the

same type as systems required by state law for stateowned property. However, with approval from the chief

executive officer of the State, the state agency may elect

to use other management control and accounting systems

that are effective to govern the use, inventory control,

accountability, and disposal of property under this section.

(D) RETURN AND REDISTRIBUTION FOR NON-USE.—The

state plan of operation shall require the state agency to

provide for the return and redistribution of donable property if the property, while still usable, has not been placed

in use for the purpose for which it was donated within

one year of donation or ceases to be used by the donee

for that purpose within one year of being placed in use.

(E) REQUEST BY RECIPIENT.—The state plan of operation

shall require the state agency, to the extent practicable,

to select property requested by a public agency or other

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1093

eligible institution in the State and, if requested by the

recipient, to arrange shipment of the property directly to

the recipient.

(F) SERVICE CHARGES.—If the state agency is authorized

to assess and collect service charges from participating

recipients to cover direct and reasonable indirect costs of

its activities, the method of establishing the charges shall

be set out in the state plan of operation. The charges

shall be fair and equitable and shall be based on services

the state agency performs, including screening, packing,

crating, removal, and transportation.

(G) TERMS, CONDITIONS, RESERVATIONS, AND RESTRIC- TIONS.—

(i) IN GENERAL.—The state plan of operation shall

provide that the state agency— (I) may impose reasonable terms, conditions, reservations, and restrictions on the use of property

to be donated under subsection (c); and

(II) shall impose reasonable terms, conditions,

reservations, and restrictions on the use of a passenger motor vehicle and any item of property

having a unit acquisition cost of $5,000 or more.

(ii) SPECIAL LIMITATIONS.—If the Administrator finds

that an item has characteristics that require special

handling or use limitations, the Administrator may

impose appropriate conditions on the donation of the

property.

(H) UNUSABLE PROPERTY.—

(i) DISPOSAL.—The state plan of operation shall provide that surplus personal property which the state

agency determines cannot be used by eligible recipients

shall be disposed of—

(I) subject to the disapproval of the Administrator within 30 days after notice to the Administrator, through transfer by the state agency to

another state agency or through abandonment or

destruction if the property has no commercial

value or if the estimated cost of continued care

and handling exceeds estimated proceeds from

sale; or

(II) under this subtitle, on terms and conditions

and in a manner the Administrator prescribes.

(ii) PROCEEDS FROM SALE.—Notwithstanding subchapter IV of this chapter and section 702 of this

title, the Administrator, from the proceeds of sale of

property described in subsection (b), may reimburse

the state agency for expenses that the Administrator

considers appropriate for care and handling of the property.

(f) COOPERATIVE AGREEMENTS WITH STATE AGENCIES.—

(1) PARTIES TO THE AGREEMENT.—For purposes of carrying

out this section, a cooperative agreement may be made between

a state surplus property distribution agency designated under

this section and—

(A) the Administrator;

(B) the Secretary of Education, for property transferred

under section 550(c) of this title;

116 STAT. 1094 PUBLIC LAW 107–217—AUG. 21, 2002

(C) the Secretary of Health and Human Services, for

property transferred under section 550(d) of this title; or

(D) the head of a federal agency designated by the

Administrator, the Secretary of Education, or the Secretary

of Health and Human Services.

(2) SHARED RESOURCES.—The cooperative agreement may provide that the property, facilities, personnel, or services of— (A) a state agency may be used by a federal agency;

and

(B) a federal agency may be made available to a state

agency.

(3) REIMBURSEMENT.—The cooperative agreement may

require payment or reimbursement for the use or provision

of property, facilities, personnel, or services. Payment or

reimbursement received from a state agency shall be credited

to the fund or appropriation against which charges would otherwise be made.

(4) SURPLUS PROPERTY TRANSFERRED TO STATE AGENCY.—

(A) IN GENERAL.—Under the cooperative agreement, surplus property transferred to a state agency for distribution

pursuant to subsection (c) may be retained by the state

agency for use in performing its functions. Unless otherwise

directed by the Administrator, title to the retained property

vests in the state agency.

(B) CONDITIONS.—Retention of surplus property under

this paragraph is subject to conditions that may be imposed

by—

(i) the Administrator;

(ii) the Secretary of Education, for property transferred under section 550(c) of this title; or

(iii) the Secretary of Health and Human Services,

for property transferred under section 550(d) of this

title.

§ 550. Disposal of real property for certain purposes

(a) DEFINITION.—In this section, the term ‘‘State’’ includes the

District of Columbia, Puerto Rico, and the territories and possessions of the United States.

(b) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING

PROPERTY UNDER THIS SECTION.—

(1) IN GENERAL.—Subject to disapproval by the Administrator

of General Services within 30 days after notice of a proposed

action to be taken under this section, except for personal property transferred pursuant to section 549 of this title, the official

specified in paragraph (2) shall determine and enforce compliance with the terms, conditions, reservations, and restrictions

contained in an instrument by which a transfer under this

section is made. The official shall reform, correct, or amend

the instrument if necessary to correct the instrument or to

conform the transfer to the requirements of law. The official

shall grant a release from any term, condition, reservation

or restriction contained in the instrument, and shall convey,

quitclaim, or release to the transferee (or other eligible user)

any right or interest reserved to the Federal Government by

the instrument, if the official determines that the property

no longer serves the purpose for which it was transferred

or that a release, conveyance, or quitclaim deed will not prevent

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1095

accomplishment of that purpose. The release, conveyance, or

quitclaim deed may be made subject to terms and conditions

that the official considers necessary to protect or advance the

interests of the Government.

(2) SPECIFIED OFFICIAL.—The official referred to in paragraph

(1) is—

(A) the Secretary of Education, for property transferred

under subsection (c) for school, classroom, or other educational use;

(B) the Secretary of Health and Human Services, for

property transferred under subsection (d) for use in the

protection of public health, including research;

(C) the Secretary of the Interior, for property transferred

under subsection (e) for public park or recreation area

use;

(D) the Secretary of Housing and Urban Development,

for property transferred under subsection (f) to provide

housing or housing assistance for low-income individuals

or families; and

(E) the Secretary of the Interior, for property transferred

under subsection (h) for use as a historic monument for

the benefit of the public.

(c) PROPERTY FOR SCHOOL, CLASSROOM, OR OTHER EDUCATIONAL

USE.—

(1) ASSIGNMENT.—The Administrator, in the Administrator’s

discretion and under regulations that the Administrator may

prescribe, may assign to the Secretary of Education for disposal

surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary recommends

as needed for school, classroom, or other educational use.

(2) SALE OR LEASE.—Subject to disapproval by the Administrator within 30 days after notice to the Administrator by

the Secretary of Education of a proposed transfer, the Secretary,

for school, classroom, or other educational use, may sell or

lease property assigned to the Secretary under paragraph (1)

to a State, a political subdivision or instrumentality of a State,

a tax-supported educational institution, or a nonprofit educational institution that has been held exempt from taxation

under section 501(c)(3) of the Internal Revenue Code of 1986

(26 U.S.C. 501(c)(3)).

(3) FIXING VALUE.—In fixing the sale or lease value of property disposed of under paragraph (2), the Secretary of Education

shall take into consideration any benefit which has accrued

or may accrue to the Government from the use of the property

by the State, political subdivision or instrumentality, or institution.

(d) PROPERTY FOR USE IN THE PROTECTION OF PUBLIC HEALTH,

INCLUDING RESEARCH.—

(1) ASSIGNMENT.—The Administrator, in the Administrator’s

discretion and under regulations that the Administrator may

prescribe, may assign to the Secretary of Health and Human

Services for disposal surplus real property, including buildings,

fixtures, and equipment situated on the property, that the

Secretary recommends as needed for use in the protection of

public health, including research.

(2) SALE OR LEASE.—Subject to disapproval by the Administrator within 30 days after notice to the Administrator by

116 STAT. 1096 PUBLIC LAW 107–217—AUG. 21, 2002

the Secretary of Health and Human Services of a proposed

transfer, the Secretary, for use in the protection of public

health, including research, may sell or lease property assigned

to the Secretary under paragraph (1) to a State, a political

subdivision or instrumentality of a State, a tax-supported medical institution, or a hospital or similar institution not operated

for profit that has been held exempt from taxation under section

501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.

501(c)(3)).

(3) FIXING VALUE.—In fixing the sale or lease value of property disposed of under paragraph (2), the Secretary of Health

and Human Services shall take into consideration any benefit

which has accrued or may accrue to the Government from

the use of the property by the State, political subdivision or

instrumentality, or institution.

(e) PROPERTY FOR USE AS A PUBLIC PARK OR RECREATION AREA.—

(1) ASSIGNMENT.—The Administrator, in the Administrator’s

discretion and under regulations that the Administrator may

prescribe, may assign to the Secretary of the Interior for disposal surplus real property, including buildings, fixtures, and

equipment situated on the property, that the Secretary recommends as needed for use as a public park or recreation

area.

(2) SALE OR LEASE.—Subject to disapproval by the Administrator within 30 days after notice to the Administrator by

the Secretary of the Interior of a proposed transfer, the Secretary, for public park or recreation area use, may sell or

lease property assigned to the Secretary under paragraph (1)

to a State, a political subdivision or instrumentality of a State,

or a municipality.

(3) FIXING VALUE.—In fixing the sale or lease value of property disposed of under paragraph (2), the Secretary of the

Interior shall take into consideration any benefit which has

accrued or may accrue to the Government from the use of

the property by the State, political subdivision or instrumentality, or municipality.

(4) DEED OF CONVEYANCE.—The deed of conveyance of any

surplus real property disposed of under this subsection—

(A) shall provide that all of the property be used and

maintained for the purpose for which it was conveyed in

perpetuity, and that if the property ceases to be used

or maintained for that purpose, all or any portion of the

property shall, in its then existing condition, at the option

of the Government, revert to the Government; and

(B) may contain additional terms, reservations, restrictions, and conditions the Secretary of the Interior determines are necessary to safeguard the interests of the

Government.

(f) PROPERTY FOR LOW INCOME HOUSING ASSISTANCE.—

(1) ASSIGNMENT.—The Administrator, in the Administrator’s

discretion and under regulations that the Administrator may

prescribe, may assign to the Secretary of Housing and Urban

Development for disposal surplus real property, including

buildings, fixtures, and equipment situated on the property,

that the Secretary recommends as needed to provide housing

or housing assistance for low-income individuals or families.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1097

(2) SALE OR LEASE.—Subject to disapproval by the Administrator within 30 days after notice to the Administrator by

the Secretary of Housing and Urban Development of a proposed

transfer, the Secretary, to provide housing or housing assistance

for low-income individuals or families, may sell or lease property assigned to the Secretary under paragraph (1) to a State,

a political subdivision or instrumentality of a State, or a nonprofit organization that exists for the primary purpose of providing housing or housing assistance for low-income individuals

or families.

(3) SELF-HELP HOUSING.—

(A) IN GENERAL.—The Administrator shall disapprove

a proposed transfer of property under this subsection unless

the Administrator determines that the property will be

used for low-income housing opportunities through the

construction, rehabilitation, or refurbishment of self-help

housing, under terms requiring that—

(i) subject to subparagraph (B), an individual or

family receiving housing or housing assistance through

use of the property shall contribute a significant

amount of labor toward the construction, rehabilitation,

or refurbishment; and

(ii) dwellings constructed, rehabilitated, or refurbished through use of the property shall be quality

dwellings that comply with local building and safety

codes and standards and shall be available at prices

below prevailing market prices.

(B) GUIDELINES FOR CONSIDERING DISABILITIES.—For purposes of fulfilling self-help requirements under paragraph

(3)(A)(i), the Administrator shall ensure that nonprofit

organizations receiving property under paragraph (2)

develop and use guidelines to consider any disability (as

defined in section 3(2) of the Americans with Disabilities

Act of 1990 (42 U.S.C. 12102(2)).

(4) FIXING VALUE.—

(A) IN GENERAL.—In fixing the sale or lease value of

property disposed of under paragraph (2), the Secretary

of Housing and Urban Development shall take into consideration and discount the value for any benefit which has

accrued or may accrue to the Government from the use

of the property by the State, political subdivision or

instrumentality, or nonprofit organization.

(B) AMOUNT OF DISCOUNT.—The amount of the discount

under subparagraph (A) is 75 percent of the market value

of the property, except that the Secretary of Housing and

Urban Development may discount by a greater percentage

if the Secretary, in consultation with the Administrator,

determines that a higher percentage is justified.

(g) PROPERTY FOR NATIONAL SERVICE ACTIVITIES.—

(1) ASSIGNMENT.—The Administrator, in the Administrator’s

discretion and under regulations that the Administrator may

prescribe, may assign to the Chief Executive Officer of the

Corporation for National and Community Service for disposal

surplus property that the Chief Executive Officer recommends

as needed for national service activities.

116 STAT. 1098 PUBLIC LAW 107–217—AUG. 21, 2002

(2) SALE, LEASE, OR DONATION.—Subject to disapproval by

the Administrator within 30 days after notice to the Administrator by the Chief Executive Officer of a proposed transfer,

the Chief Executive Officer, for national service activities, may

sell, lease, or donate property assigned to the Chief Executive

Officer under paragraph (1) to an entity that receives financial

assistance under the National and Community Service Act

of 1990 (42 U.S.C. 12501 et seq.).

(3) FIXING VALUE.—In fixing the sale or lease value of property disposed of under paragraph (2), the Chief Executive

Officer shall take into consideration any benefit which has

accrued or may accrue to the Government from the use of

the property by the entity receiving the property.

(h) PROPERTY FOR USE AS A HISTORIC MONUMENT.—

(1) CONVEYANCE.—

(A) IN GENERAL.—Without monetary consideration to the

Government, the Administrator may convey to a State,

a political subdivision or instrumentality of a State, or

a municipality, the right, title, and interest of the Government in and to any surplus real and related personal

property that the Secretary of the Interior determines is

suitable and desirable for use as a historic monument

for the benefit of the public.

(B) RECOMMENDATION BY NATIONAL PARK SYSTEM

ADVISORY BOARD.—Property may be determined to be suitable and desirable for use as a historic monument only

in conformity with a recommendation by the National Park

System Advisory Board established under section 3 of the

Act of August 21, 1935 (16 U.S.C. 463) (known as the

Historic Sites, Buildings, and Antiquities Act). Only the

portion of the property that is necessary for the preservation and proper observation of the property’s historic features may be determined to be suitable and desirable for

use as a historic monument.

(2) REVENUE-PRODUCING ACTIVITY.—

(A) IN GENERAL.—The Administrator may authorize use

of any property conveyed under this subsection for revenueproducing activities if the Secretary of the Interior—

(i) determines that the activities are compatible with

use of the property for historic monument purposes;

(ii) approves the grantee’s plan for repair, rehabilitation, restoration, and maintenance of the property;

(iii) approves the grantee’s plan for financing the

repair, rehabilitation, restoration, and maintenance of

the property; and

(iv) examines and approves the accounting and financial procedures used by the grantee.

(B) USE OF EXCESS INCOME.—The Secretary of the

Interior may approve a grantee’s financial plan only if

the plan provides that the grantee shall use income

exceeding the cost of repair, rehabilitation, restoration, and

maintenance only for public historic preservation, park,

or recreational purposes.

(C) AUDITS.—The Secretary of the Interior may periodically audit the records of the grantee that are directly

related to the property conveyed.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1099

(3) DEED OF CONVEYANCE.—The deed of conveyance of any

surplus real property disposed of under this subsection—

(A) shall provide that all of the property be used and

maintained for historical monument purposes in perpetuity,

and that if the property ceases to be used or maintained

for historical monument purposes, all or any portion of

the property shall, in its then existing condition, at the

option of the Government, revert to the Government; and

(B) may contain additional terms, reservations, restrictions, and conditions the Administrator determines are necessary to safeguard the interests of the Government.

§ 551. Donations to American Red Cross

The Administrator of General Services, in the Administrator’s

discretion and under regulations that the Administrator may prescribe, may donate to the American National Red Cross for charitable purposes property that the American National Red Cross

processed, produced, or donated and that has been determined

to be surplus property.

§ 552. Abandoned or unclaimed property on Government

premises

(a) AUTHORITY TO TAKE PROPERTYAdministrator of General Services may take possession of abandoned or unclaimed property on

premises owned or leased by the Federal Government and determine

when title to the property vests in the Government. The Administrator may use, transfer, or otherwise dispose of the property.

(b) CLAIM FILED BY FORMER OWNER.—If a former owner files

a proper claim within three years from the date that title to the

property vests in the Government, the former owner shall be paid

an amount— (1) equal to the proceeds realized from the disposition of

the property less costs incident to care and handling as determined by the Administrator; or

(2) if the property has been used or transferred, equal to

the fair value of the property as of the time title vested in

the Government less costs incident to care and handling as

determined by the Administrator.

§ 553. Property for correctional facility, law enforcement,

and emergency management response purposes

(a) DEFINITION.—In this section, the term ‘‘State’’ includes the

District of Columbia, Puerto Rico, Guam, American Samoa, the

Virgin Islands, the Federated States of Micronesia, the Marshall

Islands, Palau, and, the Northern Mariana Islands.

(b) AUTHORITY TO TRANSFER PROPERTY.—The Administrator of

General Services, in the Administrator’s discretion and under regulations that the Administrator may prescribe, may transfer or

convey to a State, or political subdivision or instrumentality of

a State, surplus real and related personal property that—

(1) the Attorney General determines is required by the transferee or grantee for correctional facility use under a program

approved by the Attorney General for the care or rehabilitation

of criminal offenders;

(2) the Attorney General determines is required by the transferee or grantee for law enforcement purposes; or

116 STAT. 1100 PUBLIC LAW 107–217—AUG. 21, 2002

(3) the Director of the Federal Emergency Management

Agency determines is required by the transferee or grantee

for emergency management response purposes including fire

and rescue services.

(c) NO MONETARY CONSIDERATION.—A transfer or conveyance

under this section shall be made without monetary consideration

to the Federal Government.

(d) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real and related personal property disposed of under this

section—

(1) shall provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity,

and that if the property ceases to be used or maintained for

that purpose, all or any portion of the property shall, in its

then existing condition, at the option of the Government, revert

to the Government; and

(2) may contain additional terms, reservations, restrictions,

and conditions that the Administrator determines are necessary

to safeguard the interests of the Government.

(e) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING

PROPERTY UNDER THIS SECTION.—The Administrator shall determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in an instrument by which a

transfer or conveyance under this section is made. The Administrator shall reform, correct, or amend the instrument if necessary

to correct the instrument or to conform the transfer to the requirements of law. The Administrator shall grant a release from any

term, condition, reservation or restriction contained in the

instrument, and shall convey, quitclaim, or release to the transferee

(or other eligible user) any right or interest reserved to the Government by the instrument, if the Administrator determines that the

property no longer serves the purpose for which it was transferred

or that a release, conveyance, or quitclaim deed will not prevent

accomplishment of that purpose. The release, conveyance, or quitclaim deed may be made subject to terms and conditions that

the Administrator considers necessary to protect or advance the

interests of the Government.

§ 554. Property for development or operation of a port

facility

(a) DEFINITIONS.—In this section, the following definitions apply:

(1) BASE CLOSURE LAW.—The term ‘‘base closure law’’ means

the following:

(A) Title II of the Defense Authorization Amendments

and Base Closure and Realignment Act (Public Law 100–

526; 10 U.S.C. 2687 note).

(B) The Defense Base Closure and Realignment Act of

1990 (part A of title XXIX of Public Law 101–510; 10

U.S.C. 2687 note).

(C) Section 2687 of title 10.

(2) STATE.—The term ‘‘State’’ includes the District of

Columbia, Puerto Rico, Guam, American Samoa, the Virgin

Islands, the Federated States of Micronesia, the Marshall

Islands, Palau, and the Northern Mariana Islands.

(b) AUTHORITY FOR ASSIGNMENT TO THE SECRETARY OF TRANSPOR- TATION.—Under regulations that the Administrator of General Services, after consultation with the Secretary of Defense, may prescribe,

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1101

the Administrator, or the Secretary of Defense in the case of property located at a military installation closed or realigned pursuant

to a base closure law, may assign to the Secretary of Transportation

for disposal surplus real property, including buildings, fixtures,

and equipment situated on the property, that the Secretary of

Transportation recommends as needed for the development or operation of a port facility.

(c) AUTHORITY FOR CONVEYANCE BY THE SECRETARY OF TRANSPOR- TATION.

(1) IN GENERAL.—Subject to disapproval by the Administrator

or the Secretary of Defense within 30 days after notice of

a proposed conveyance by the Secretary of Transportation, the

Secretary of Transportation, for the development or operation

of a port facility, may convey property assigned to the Secretary

of Transportation under subsection (b) to a State or political

subdivision, municipality, or instrumentality of a State.

(2) CONVEYANCE REQUIREMENTS.—A transfer of property may

be made under this section only after the Secretary of Transportation has—

(A) determined, after consultation with the Secretary

of Labor, that the property to be conveyed is located in

an area of serious economic disruption;

(B) received and, after consultation with the Secretary

of Commerce, approved an economic development plan submitted by an eligible grantee and based on assured use

of the property to be conveyed as part of a necessary

economic development program; and

(C) transmitted to Congress an explanatory statement

that contains information substantially similar to the

information contained in statements prepared under section 545(e) of this title.

(d) NO MONETARY CONSIDERATION.—A conveyance under this section shall be made without monetary consideration to the Federal

Government.

(e) DEED OF CONVEYANCE.—The deed of conveyance of any surplus

real and related personal property disposed of under this section

shall—

(1) provide that all of the property be used and maintained

for the purpose for which it was conveyed in perpetuity, and

that if the property ceases to be used or maintained for that

purpose, all or any portion of the property shall, in its then

existing condition, at the option of the Government, revert

to the Government; and

(2) contain additional terms, reservations, restrictions, and

conditions that the Secretary of Transportation shall by regulation require to ensure use of the property for the purposes

for which it was conveyed and to safeguard the interests of

the Government.

(f) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING

PROPERTY UNDER THIS SECTION.—The Secretary of Transportation

shall determine and enforce compliance with the terms, conditions,

reservations, and restrictions contained in an instrument by which

a transfer or conveyance under this section is made. The Secretary

shall reform, correct, or amend the instrument if necessary to

correct the instrument or to conform the transfer to the requirements of law. The Secretary shall grant a release from any term,

condition, reservation or restriction contained in the instrument,

116 STAT. 1102 PUBLIC LAW 107–217—AUG. 21, 2002

and shall convey, quitclaim, or release to the grantee any right

or interest reserved to the Government by the instrument, if the

Secretary determines that the property no longer serves the purpose

for which it was transferred or that a release, conveyance, or

quitclaim deed will not prevent accomplishment of that purpose.

The release, conveyance, or quitclaim deed may be made subject

to terms and conditions that the Secretary considers necessary

to protect or advance the interests of the Government.

§ 555. Donation of law enforcement canines to handlers

The head of a federal agency having control of a canine that

has been used by a federal agency in the performance of law

enforcement duties and that has been determined by the agency

to be no longer needed for official purposes may donate the canine

to an individual who has experience handling canines in the

performance of those duties.

§ 556. Disposal of dredge vessels

(a) IN GENERAL.—The Administrator of General Services, pursuant to sections 521 through 527, 529, and 549 of this title, may

dispose of a United States Army Corps of Engineers vessel used

for dredging, together with related equipment owned by the Federal

Government and under the control of the Chief of Engineers, if

the Secretary of the Army declares the vessel to be in excess

of federal needs.

(b) RECIPIENTS AND PURPOSES.—Disposal under this section is

accomplished—

(1) through sale or lease to—

(A) a foreign government as part of a Corps of Engineers

technical assistance program;

(B) a federal or state maritime academy for training

purposes; or

(C) a non-federal public body for scientific, educational,

or cultural purposes; or

(2) through sale solely for scrap to foreign or domestic

interests.

(c) NO DREDGING ACTIVITIES.—A vessel described in subsection

(a) shall not be disposed of under any law for the purpose of

engaging in dredging activities within the United States.

(d) DEPOSIT OF AMOUNTS COLLECTED.—Amounts collected from

the sale or lease of a vessel or equipment under this section shall

be deposited into the revolving fund authorized by section 101

(9th par.) of the Civil Functions Appropriation Act, 1954 (33 U.S.C.

576), to be available, as provided in appropriation laws, for the

operation and maintenance of vessels under the control of the

Corps of Engineers.

§ 557. Donation of books to Free Public Library

Subject to regulations under this subtitle, a book that is no

longer needed by an executive department, bureau, or commission

of the Federal Government, and that is not an advisable addition

to the Library of Congress, shall be turned over to the Free Public

Library of the District of Columbia for general use if the book

is appropriate for the Free Public Library.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1103

§ 558. Donation of forfeited vessels

(a) IN GENERAL.—A vessel that is forfeited to the Federal Government may be donated, in accordance with procedures under this

subtitle, to an eligible institution described in subsection (b).

(b) ELIGIBLE INSTITUTION.—An eligible institution referred to in

subsection (a) is an educational institution with a commercial

fishing vessel safety program or other vessel safety, education and

training program. The institution must certify to the federal officer

making the donation that the program includes, at a minimum,

all of the following courses in vessel safety:

(1) Vessel stability.

(2) Firefighting.

(3) Shipboard first aid.

(4) Marine safety and survival.

(5) Seamanship rules of the road.

(c) TERMS AND CONDITIONS.—The donation of a vessel under

this section shall be made on terms and conditions considered

appropriate by the federal officer making the donation. All of the

following terms and conditions are required:

(1) NO WARRANTY.—The institution must accept the vessel

as is, where it is, and without warranty of any kind and

without any representation as to its condition or suitability

for use.

(2) MAINTENANCE.—The institution is responsible for

maintaining the vessel.

(3) INSTRUCTION ONLY.—The vessel may be used only for

instructing students in a vessel safety education and training

program.

(4) DOCUMENTATION.—If the vessel is eligible to be documented, it must be documented by the institution as a vessel

of the United States under chapter 121 of title 46. The requirements of paragraph (5) must be noted on the permanent record

of the vessel.

(5) DISPOSAL.—The institution must obtain prior approval

from the Administrator of General Services before disposing

of the vessel and any proceeds from disposal shall be payable

to the Government.

(6) INSPECTION OR REGULATION.—The vessel shall be

inspected or regulated in the same manner as a nautical school

vessel under chapter 33 of title 46.

(d) GOVERNMENT LIABILITY.—The Government is not liable in

an action arising out of the transfer or use of a vessel transferred

under this section.

§ 559. Advice of Attorney General with respect to antitrust

law

(a) DEFINITION.—In this section, the term ‘‘antitrust law’’

includes—

(1) the Sherman Act (15 U.S.C. 1 et seq.);

(2) the Clayton Act (15 U.S.C. 12 et seq., 29 U.S.C. 52,

53);

(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);

and

(4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C.

8, 9).

(b) ADVICE REQUIRED.—

116 STAT. 1104 PUBLIC LAW 107–217—AUG. 21, 2002

(1) IN GENERAL.—An executive agency shall not dispose of

property to a private interest until the agency has received

the advice of the Attorney General on whether the disposal

to a private interest would tend to create or maintain a situation inconsistent with antitrust law.

(2) EXCEPTION.—This section does not apply to disposal of—

(A) real property, if the estimated fair market value

is less than $3,000,000; or

(B) personal property (other than a patent, process, technique, or invention), if the estimated fair market value

is less than $3,000,000.

(c) NOTICE TO ATTORNEY GENERAL.—

(1) IN GENERAL.—An executive agency that contemplates disposing of property to a private interest shall promptly transmit

notice of the proposed disposal, including probable terms and

conditions, to the Attorney General.

(2) COPY.—Except for the General Services Administration,

an executive agency that transmits notice under paragraph

(1) shall simultaneously transmit a copy of the notice to the

Administrator of General Services.

(d) ADVICE FROM ATTORNEY GENERAL.—Within a reasonable time,

not later than 60 days, after receipt of notice under subsection

(c), the Attorney General shall advise the Administrator and any

interested executive agency whether, so far as the Attorney General

can determine, the proposed disposition would tend to create or

maintain a situation inconsistent with antitrust law.

(e) REQUEST FOR INFORMATION.—On request from the Attorney

General, the head of an executive agency shall furnish information

the agency possesses that the Attorney General determines is appropriate or necessary to—

(1) give advice required by this section; or

(2) determine whether any other disposition or proposed disposition of surplus property violates antitrust law.

(f) NO EFFECT ON ANTITRUST LAW.—This subtitle does not impair,

amend, or modify antitrust law or limit or prevent application

of antitrust law to a person acquiring property under this subtitle.

SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER

§ 571. General rules for deposit and use of proceeds

(a) DEPOSIT IN TREASURY AS MISCELLANEOUS RECEIPTS.—

(1) IN GENERAL.—Except as otherwise provided in this subchapter, proceeds described in paragraph (2) shall be deposited

in the Treasury as miscellaneous receipts.

(2) PROCEEDS.—The proceeds referred to in paragraph (1)

are proceeds under this chapter from a—

(A) transfer of excess property to a federal agency for

agency use; or

(B) sale, lease, or other disposition of surplus property.

(b) PAYMENT OF EXPENSES OF SALE BEFORE DEPOSIT.—Subject

to regulations under this subtitle, the expenses of the sale of old

material, condemned stores, supplies, or other public property may

be paid from the proceeds of sale so that only the net proceeds

are deposited in the Treasury. This subsection applies whether

proceeds are deposited as miscellaneous receipts or to the credit

of an appropriation as authorized by law.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1105

§ 572. Real property

(a) IN GENERAL.— (1) SEPARATE FUND.—Except as provided in subsection (b),

proceeds of the disposition of surplus real and related personal

property by the Administrator of General Services shall be

set aside in a separate fund in the Treasury.

(2) PAYMENT OF EXPENSES FROM THE FUND.— (A) AUTHORITY.—From the fund described in paragraph

(1), the Administrator may obligate an amount to pay

the following direct expenses incurred for the use of excess

property and the disposal of surplus property under this

subtitle:

(i) Fees of appraisers, auctioneers, and realty brokers, in accordance with the scale customarily paid

in similar commercial transactions.

(ii) Costs of environmental and historic preservation

services.

(iii) Advertising and surveying.

(B) LIMITATIONS.— (i) PERCENTAGE LIMITATION.—In each fiscal year, no

more than 12 percent of the proceeds of all dispositions

of surplus real and related personal property may be

paid to meet direct expenses incurred in connection

with the dispositions.

(ii) DETERMINATION OF MAXIMUM AMOUNT.—The

Director of the Office of Management and Budget each

quarter shall determine the maximum amount that

may be obligated under this paragraph.

(C) DIRECT PAYMENT OR REIMBURSEMENT.—An amount

obligated under this paragraph may be used to pay an

expense directly or to reimburse a fund or appropriation

that initially paid the expense.

(3) TRANSFER TO MISCELLANEOUS RECEIPTS.—At least once

each year, excess amounts beyond current operating needs shall

be transferred from the fund described in paragraph (1) to

miscellaneous receipts.

(4) REPORT.—A report of receipts, disbursements, and transfers to miscellaneous receipts under this subsection shall be

made annually, in connection with the budget estimate, to

the Director and to Congress.

(b) REAL PROPERTY UNDER CONTROL OF A MILITARY DEPARTMENT.—

(1) DEFINITIONS.—In this subsection, the following definitions

apply:

(A) MILITARY INSTALLATION.—The term ‘‘military

installation’’ has the meaning given that term in section

2687(e)(1) of title 10.

(B) BASE CLOSURE LAW.—The term ‘‘base closure law’’

has the meaning given that term in section 2667(h)(2)

of title 10.

(2) APPLICATION.— (A) IN GENERAL.—This subsection applies to real property, including any improvement on the property, that is

under the control of a military department and that the

Secretary of the department determines is excess to the

department’s needs.

(B) EXCEPTIONS.—This subsection does not apply to—

116 STAT. 1106 PUBLIC LAW 107–217—AUG. 21, 2002

(i) damaged or deteriorated military family housing

facilities conveyed under section 2854a of title 10; or

(ii) property at a military installation designated

for closure or realignment pursuant to a base closure

law.

(3) TRANSFER BETWEEN MILITARY DEPARTMENTS.—The Secretary of Defense shall provide that property described in paragraph (2) is available for transfer, without reimbursement,

to other military departments within the Department of

Defense.

(4) ALTERNATIVE DISPOSITION BY ADMINISTRATOR OF GENERAL

SERVICES.—If property is not transferred pursuant to paragraph

(3), the Secretary of the military department with the property

under its control shall request the Administrator to transfer

or dispose of the property in accordance with this subtitle

or other applicable law.

(5) PROCEEDS.—

(A) DEPOSIT IN SPECIAL ACCOUNT.—For a transfer or

disposition of property pursuant to paragraph (4), the

Administrator shall deposit any proceeds (less expenses

of the transfer or disposition as provided in subsection

(a)) in a special account in the Treasury.

(B) AVAILABILITY OF AMOUNT DEPOSITED.—To the extent

provided in an appropriation law, an amount deposited

in a special account under subparagraph (A) is available

for facility maintenance and repair or environmental restoration as follows:

(i) In the case of property located at a military

installation that is closed, the amount is available for

facility maintenance and repair or environmental restoration by the military department that had jurisdiction over the property before the closure of the military

installation.

(ii) In the case of property located at any other

military installation—

(I) 50 percent of the amount is available for

facility maintenance and repair or environmental

restoration at the military installation where the

property was located before it was disposed of or

transferred; and

(II) 50 percent of the amount is available for

facility maintenance and repair and for environmental restoration by the military department that

had jurisdiction over the property before it was

disposed of or transferred.

(6) REPORT.—As part of the annual request for authorizations

of appropriations to the Committees on Armed Services of the

Senate and the House of Representatives, the Secretary of

Defense shall include an accounting of each transfer and disposal made in accordance with this subsection during the fiscal

year preceding the fiscal year in which the request is made.

The accounting shall include a detailed explanation of each

transfer and disposal and of the use of the proceeds received

from it by the Department of Defense.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1107

§ 573. Personal property

The Administrator of General Services may retain from the proceeds of sales of personal property the Administrator conducts

amounts necessary to recover, to the extent practicable, costs the

Administrator (or the Administrator’s agent) incurs in conducting

the sales. The Administrator shall deposit amounts retained into

the General Supply Fund established under section 321(a) of this

title. From the amounts deposited, the Administrator may pay

direct costs and reasonably related indirect costs incurred in conducting sales of personal property. At least once each year, amounts

retained that are not needed to pay the direct and indirect costs

shall be transferred from the General Supply Fund to the general

fund or another appropriate account in the Treasury.

§ 574. Other rules regarding proceeds

(a) CREDIT TO REIMBURSABLE FUND OR APPROPRIATION.— (1) APPLICATION.—This subsection applies to property

acquired with amounts— (A) not appropriated from the general fund of the

Treasury; or

(B) appropriated from the general fund of the Treasury

but by law reimbursable from assessment, tax, or other

revenue or receipts.

(2) IN GENERAL.—The net proceeds of a disposition or transfer

of property described in paragraph (1) shall be— (A) credited to the applicable reimbursable fund or appropriation; or

(B) paid to the federal agency that determined the property to be excess.

(3) CALCULATION OF NET PROCEEDS.—For purposes of this

subsection, the net proceeds of a disposition or transfer of

property are the proceeds less all expenses incurred for the

disposition or transfer, including care and handling.

(4) ALTERNATIVE CREDIT TO MISCELLANEOUS RECEIPTS.—If the

agency that determined the property to be excess decides that

it is uneconomical or impractical to ascertain the amount of

net proceeds, the proceeds shall be credited to miscellaneous

receipts.

(b) SPECIAL ACCOUNT FOR REFUNDS OR PAYMENTS FOR BREACH.—

(1) DEPOSITS.—A federal agency that disposes of surplus property under this chapter may deposit, in a special account in

the Treasury, amounts of the proceeds of the dispositions that

the agency decides are necessary to permit—

(A) appropriate refunds to purchasers for dispositions

that are rescinded or that do not become final; and

(B) payments for breach of warranty.

(2) WITHDRAWALS.—A federal agency that deposits proceeds

in a special account under paragraph (1) may withdraw

amounts to be refunded or paid from the account without

regard to the origin of the amounts withdrawn.

(c) CREDIT TO COST OF CONTRACTOR’S WORK.—If a contract made

by an executive agency, or a subcontract under that contract,

authorizes the proceeds of a sale of property in the custody of

a contractor or subcontractor to be credited to the price or cost

of work covered by the contract or subcontract, then the proceeds

of the sale shall be credited in accordance with the contract or

subcontract.

116 STAT. 1108 PUBLIC LAW 107–217—AUG. 21, 2002

(d) ACCEPTANCE OF PROPERTY INSTEAD OF CASH.—An executive

agency entitled to receive cash under a contract for the lease,

sale, or other disposition of surplus property may accept property

instead of cash if the President determines that the property is

strategic or critical material. The property is valued at the prevailing market price when the cash payment becomes due.

(e) MANAGEMENT OF CREDIT, LEASES, AND PERMITS.—For a disposition of surplus property under this chapter, if credit has been

extended, or if the disposition has been by lease or permit, the

Administrator of General Services, in a manner and on terms

the Administrator determines are in the best interest of the Federal

Government—

(1) shall administer and manage the credit, lease, or permit,

and any security for the credit, lease, or permit; and

(2) may enforce, adjust, and settle any right of the Government with respect to the credit, lease, or permit.

SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED

ACTIVITIES

§ 581. General authority of Administrator of General Services

(a) APPLICABILITY.—To the extent that the Administrator of General Services by law, other than this section, may maintain, operate,

and protect buildings or property, including the construction, repair,

preservation, demolition, furnishing, or equipping of buildings or

property, the Administrator, in the discharge of these duties, may

exercise authority granted under this section.

(b) PERSONNEL AND EQUIPMENT.—The Administrator may— (1) employ and pay personnel at per diem rates approved

by the Administrator, not exceeding rates currently paid by

private industry for similar services in the place where the

services are performed;

(2) purchase, repair, and clean uniforms for civilian employees

of the General Services Administration who are required by

law or regulation to wear uniform clothing; and

(3) furnish arms and ammunition for the protection force

the Administration maintains.

(c) ACQUISITION AND MANAGEMENT OF PROPERTY.— (1) REAL ESTATE.—The Administrator may acquire, by purchase, condemnation, or otherwise, real estate and interests

in real estate.

(2) GROUND RENT.—The Administrator may pay ground rent

for buildings owned by the Federal Government or occupied

by federal agencies, and pay the rent in advance if required

by law or if the Administrator determines that advance payment is in the public interest.

(3) RENT AND REPAIRS UNDER A LEASE.—The Administrator

may pay rent and make repairs, alterations, and improvements

under the terms of a lease entered into by, or transferred

to, the Administration for the housing of a federal agency.

(4) REPAIRS THAT ARE ECONOMICALLY ADVANTAGEOUS.—The

Administrator may repair, alter, or improve rented premises

if the Administrator determines that doing so is advantageous

to the Government in terms of economy, efficiency, or national

security. The Administrator’s determination must—

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1109

(A) set forth the circumstances that make the repair,

alteration, or improvement advantageous; and

(B) show that the total cost (rental, repair, alteration,

and improvement) for the expected life of the lease is

less than the cost of alternative space not needing repair,

alteration, or improvement.

(5) INSURANCE PROCEEDS FOR DEFENSE INDUSTRIAL

RESERVE.—At the direction of the Secretary of Defense, the

Administrator may use insurance proceeds received for damage

to property that is part of the Defense Industrial Reserve

to repair or restore the property.

(6) MAINTENANCE CONTRACTS.—The Administrator may enter

into a contract, for a period not exceeding five years, for the

inspection, maintenance, and repair of fixed equipment in a

federally owned building.

(d) LEASE OF FEDERAL BUILDING SITES.— (1) IN GENERAL.—The Administrator may lease a federal

building site or addition, including any improvements, until

the site is needed for construction purposes. The lease must

be for fair rental value and on other terms and conditions

the Administrator considers to be in the public interest pursuant to section 545 of this title.

(2) NEGOTIATION WITHOUT ADVERTISING.—A lease under this

subsection may be negotiated without public advertising for

bids if—

(A) the lessee is—

(i) the former owner from whom the Government

acquired the property; or

(ii) the former owner’s tenant in possession; and

(B) the lease is negotiated incident to or in connection

with the acquisition of the property.

(3) DEPOSIT OF RENT.—Rent received under this subsection

may be deposited into the Federal Buildings Fund.

(e) ASSISTANCE TO THE INAUGURAL COMMITTEE.—The Administrator may provide direct assistance and special services for the

Inaugural Committee (as defined in section 501 of title 36) during

an inaugural period in connection with Presidential inaugural operations and functions. Assistance and services under this subsection

may include—

(1) employment of personal services without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5;

(2) providing Government-owned and leased space for personnel and parking;

(3) paying overtime to guard and custodial forces;

(4) erecting and removing stands and platforms;

(5) providing and operating first-aid stations;

(6) providing furniture and equipment; and

(7) providing other incidental services in the discretion of

the Administrator.

(f) UTILITIES FOR DEFENSE INDUSTRIAL RESERVE AND SURPLUS

PROPERTY.—The Administrator may— (1) provide utilities and services, if the utilities and services

are not provided by other sources, to a person, firm, or corporation occupying or using a plant or portion of a plant that

constitutes—

(A) any part of the Defense Industrial Reserve pursuant

to section 2535 of title 10; or

116 STAT. 1110 PUBLIC LAW 107–217—AUG. 21, 2002

(B) surplus real property; and

(2) credit an amount received for providing utilities and services under this subsection to an applicable appropriation of

the Administration.

(g) OBTAINING PAYMENTS.—The Administrator may—

(1) obtain payments, through advances or otherwise, for services, space, quarters, maintenance, repair, or other facilities

furnished, on a reimbursable basis, to a federal agency, a

mixed-ownership Government corporation (as defined in

chapter 91 of title 31), or the District of Columbia; and

(2) credit the payments to the applicable appropriation of

the Administration.

(h) COOPERATIVE USE OF PUBLIC BUILDINGS.—

(1) LEASING SPACE FOR COMMERCIAL AND OTHER PURPOSES.—

The Administrator may lease space on a major pedestrian

access level, courtyard, or rooftop of a public building to a

person, firm, or organization engaged in commercial, cultural,

educational, or recreational activity (as defined in section

3306(a) of this title). The Administrator shall establish a rental

rate for leased space equivalent to the prevailing commercial

rate for comparable space devoted to a similar purpose in

the vicinity of the public building. The lease may be negotiated

without competitive bids, but shall contain terms and conditions

and be negotiated pursuant to procedures that the Administrator considers necessary to promote competition and to protect

the public interest.

(2) OCCASIONAL USE OF SPACE FOR NON-COMMERCIAL PURPOSES.—The Administrator may make available, on occasion,

or lease at a rate and on terms and conditions that the Administrator considers to be in the public interest, an auditorium,

meeting room, courtyard, rooftop, or lobby of a public building

to a person, firm, or organization engaged in cultural, educational, or recreational activity (as defined in section 3306(a)

of this title) that will not disrupt the operation of the building.

(3) DEPOSIT AND CREDIT OF AMOUNTS RECEIVED.—The

Administrator may deposit into the Federal Buildings Fund

an amount received under a lease or rental executed pursuant

to paragraph (1) or (2). The amount shall be credited to the

appropriation from the Fund applicable to the operation of

the building.

(4) FURNISHING UTILITIES AND MAINTENANCE.—The Administrator may furnish utilities, maintenance, repair, and other

services to a person, firm, or organization leasing space pursuant to paragraph (1) or (2). The services may be provided

during and outside of regular working hours of federal agencies.

§ 582. Management of buildings by Administrator of General

Services

(a) REQUEST BY FEDERAL AGENCY OR INSTRUMENTALITY.—At the

request of a federal agency, a mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia,

the Administrator of General Services may operate, maintain, and

protect a building that is owned by the Federal Government (or,

in the case of a wholly owned or mixed-ownership Government

corporation, by the corporation) and occupied by the agency or

instrumentality making the request.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1111

(b) TRANSFER OF FUNCTIONS BY DIRECTOR OF THE OFFICE OF

MANAGEMENT AND BUDGET.— (1) IN GENERAL.—When the Director of the Office of Management and Budget determines that it is in the interest of

economy or efficiency, the Director shall transfer to the

Administrator all functions vested in a federal agency with

respect to the operation, maintenance, and custody of an office

building owned by the Government or a wholly owned Government corporation, or an office building, or part of an office

building, that is occupied by a federal agency under a lease.

(2) EXCEPTION FOR POST-OFFICE BUILDINGS.—A transfer of

functions shall not be made under this subsection for a postoffice building, unless the Director determines that the building

is not used predominantly for post-office purposes. The Administrator may delegate functions with respect to a post-office

building that are transferred to the Administrator under this

subsection only to another officer or employee of the General

Services Administration or to the Postmaster General.

(3) EXCEPTION FOR BUILDINGS IN A FOREIGN COUNTRY.—A

transfer of functions shall not be made under this subsection

for a building located in a foreign country.

(4) EXCEPTION FOR DEPARTMENT OF DEFENSE BUILDINGS.—

A transfer of functions shall not be made under this subsection

for a building located on the grounds of a facility of the Department of Defense (including a fort, camp, post, arsenal, navy

yard, naval training station, airfield, proving ground, military

supply depot, or school) unless and only to the extent that

the Secretary of Defense has issued a permit for use by another

agency.

(5) EXCEPTION FOR GROUPS OF SPECIAL PURPOSE BUILDINGS.—

A transfer of functions shall not be made under this subsection

for a building that the Director finds to be a part of a group

of buildings that are—

(A) located in the same vicinity;

(B) used wholly or predominantly for the special purposes

of the agency with custody of the buildings; and

(C) not generally suitable for use by another agency.

(6) EXCEPTION FOR CERTAIN GOVERNMENT BUILDINGS.—A

transfer of functions shall not be made under this subsection

for the Treasury Building, the Bureau of Engraving and

Printing Building, the buildings occupied by the National

Institute of Standards and Technology, and the buildings under

the jurisdiction of the regents of the Smithsonian Institution.

§ 583. Construction of buildings

(a) AUTHORITY.—At the request of a federal agency, a mixedownership Government corporation (as defined in chapter 91 of

title 31), or the District of Columbia, the Administrator of General

Services may—

(1) acquire land for a building or project authorized by Congress;

(2) make or cause to be made (under contract or otherwise)

surveys and test borings and prepare plans and specifications

for a building or project prior to the Attorney General’s approval

of the title to the site; and

(3) contract for, and supervise, the construction, development,

and equipping of a building or project.

116 STAT. 1112 PUBLIC LAW 107–217—AUG. 21, 2002

(b) TRANSFER OF AMOUNTS.—An amount available to a federal

agency or instrumentality for a building or project may be transferred, in advance, to the General Services Administration for purposes the Administrator determines are necessary, including payment of salaries and expenses for preparing plans and specifications

and for field supervision.

§ 584. Assignment and reassignment of space

(a) AUTHORITY.—

(1) IN GENERAL.—Subject to paragraph (2), the Administrator

of General Services may assign or reassign space for an executive agency in any Federal Government-owned or leased

building.

(2) REQUIREMENTS.—The Administrator’s authority under

paragraph (1) may be exercised only—

(A) in accordance with policies and directives the President prescribes under section 121(a) of this title;

(B) after consultation with the head of the executive

agency affected; and

(C) on a determination by the Administrator that the

assignment or reassignment is advantageous to the Government in terms of economy, efficiency, or national security.

(b) PRIORITY FOR PUBLIC ACCESS.—In assigning space on a major

pedestrian access level (other than space leased under section

581(h)(1) or (2) of this title), the Administrator shall, where practicable, give priority to federal activities requiring regular contact

with the public. If the space is not available, the Administrator

shall provide space with maximum ease of access to building

entrances.

§ 585. Lease agreements

(a) IN GENERAL.—

(1) AUTHORITY.—The Administrator of General Services may

enter into a lease agreement with a person, copartnership,

corporation, or other public or private entity for the accommodation of a federal agency in a building (or improvement) which

is in existence or being erected by the lessor to accommodate

the federal agency. The Administrator may assign and reassign

the leased space to a federal agency.

(2) TERMS.—A lease agreement under this subsection shall

be on terms the Administrator considers to be in the interest

of the Federal Government and necessary for the accommodation of the federal agency. However, the lease agreement may

not bind the Government for more than 20 years and the

obligation of amounts for a lease under this subsection is limited

to the current fiscal year for which payments are due without

regard to section 1341(a)(1)(B) of title 31.

(b) SUBLEASE.—

(1) APPLICATION.—This subsection applies to rent received

if the Administrator— (A) determines that an unexpired portion of a lease of

space to the Government is surplus property; and

(B) disposes of the property by sublease.

(2) USE OF RENT.—Notwithstanding section 571(a) of this

title, the Administrator may deposit rent received into the

Federal Buildings Fund. The Administrator may defray from

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1113

the fund any costs necessary to provide services to the Government’s lessee and to pay the rent (not otherwise provided

for) on the lease of the space to the Government.

(c) AMOUNTS FOR RENT AVAILABLE FOR LEASE OF BUILDINGS

ON GOVERNMENT LAND.—Amounts made available to the General

Services Administration for the payment of rent may be used to

lease space, for a period of not more than 30 years, in buildings

erected on land owned by the Government.

§ 586. Charges for space and services

(a) DEFINITION.—In this section, ‘‘space and services’’ means

space, services, quarters, maintenance, repair, and other facilities.

(b) CHARGES BY ADMINISTRATOR OF GENERAL SERVICES.—

(1) IN GENERAL.—The Administrator of General Services shall

impose a charge for furnishing space and services.

(2) RATES.—The Administrator shall, from time to time, determine the rates to be charged for furnishing space and services

and shall prescribe regulations providing for the rates. The

rates shall approximate commercial charges for comparable

space and services. However, for a building for which the

Administrator is responsible for alterations only (as the term

‘‘alter’’ is defined in section 3301(a) of this title), the rates

shall be fixed to recover only the approximate cost incurred

in providing alterations.

(3) EXEMPTIONS.—The Administrator may exempt anyone

from the charges required by this subsection when the Administrator determines that charges would be infeasible or impractical. To the extent an exemption is granted, appropriations

to the General Services Administration are authorized to

reimburse the Federal Buildings Fund for any loss of revenue.

(c) CHARGES BY EXECUTIVE AGENCIES.—

(1) IN GENERAL.—An executive agency, other than the

Administration, may impose a charge for furnishing space and

services at rates approved by the Administrator.

(2) CREDITING AMOUNTS RECEIVED.—An amount an executive

agency receives under this subsection shall be credited to the

appropriation or fund initially charged for providing the space

or service. However, amounts in excess of actual operating

and maintenance costs shall be credited to miscellaneous

receipts unless otherwise provided by law.

(d) RENT PAYMENTS FOR LEASE SPACE.—An agency may make

rent payments to the Administration for lease space relating to

expansion needs of the agency. Payment rates shall approximate

commercial charges for comparable space as provided in subsection

(b). Payments shall be deposited into the Federal Buildings Fund.

The Administration may use amounts received under this subsection, in addition to amounts received as New Obligational

Authority, in the Rental of Space activity of the Fund.

§ 587. Telecommuting and other alternative workplace

arrangements

(a) DEFINITION.—In this section, the term ‘‘telecommuting centers’’ means flexiplace work telecommuting centers.

(b) TELECOMMUTING CENTERS ESTABLISHED BY ADMINISTRATOR

OF GENERAL SERVICES.—

116 STAT. 1114 PUBLIC LAW 107–217—AUG. 21, 2002

(1) ESTABLISHMENT.—The Administrator of General Services

may acquire space for, establish, and equip telecommuting centers for use in accordance with this subsection.

(2) USE.—A telecommuting center may be used by employees

of federal agencies, state and local governments, and the private

sector. The Administrator shall give federal employees priority

in using a telecommuting center. The Administrator may make

a telecommuting center available for use by others to the extent

it is not fully utilized by federal employees.

(3) USER FEES.—The Administrator shall charge a user fee

for the use of a telecommuting center. The amount of the

user fee shall approximate commercial charges for comparable

space and services. However, the user fee may not be less

than necessary to pay the cost of establishing and operating

the telecommuting center, including the reasonable cost of renovation and replacement of furniture, fixtures, and equipment.

(4) DEPOSIT AND USE OF FEES.—The Administrator may—

(A) deposit user fees into the Federal Buildings Fund

and use the fees to pay costs incurred in establishing

and operating the telecommuting center; and

(B) accept and retain income received by the General

Services Administration, from federal agencies and nonfederal sources, to defray costs directly associated with

the functions of telecommuting centers.

(c) DEVELOPMENT OF ALTERNATIVE WORKPLACE ARRANGEMENTS

BY EXECUTIVE AGENCIES AND OTHERS.—

(1) DEFINITION.—In this subsection, the term ‘‘alternative

workplace arrangements’’ includes telecommuting, hoteling, virtual offices, and other distributive work arrangements.

(2) CONSIDERATION BY EXECUTIVE AGENCIES.—In considering

whether to acquire space, quarters, buildings, or other facilities

for use by employees, the head of an executive agency shall

consider whether needs can be met using alternative workplace

arrangements.

(3) GUIDANCE FROM ADMINISTRATOR.—The Administrator may

provide guidance, assistance, and oversight to any person

regarding the establishment and operation of alternative workplace arrangements.

(d) AMOUNTS AVAILABLE FOR FLEXIPLACE WORK TELECOMMUTING

PROGRAMS.—

(1) DEFINITION.—In this subsection, the term ‘‘flexiplace work

telecommuting program’’ means a program under which

employees of a department or agency set out in paragraph

(2) are permitted to perform all or a portion of their duties

at a telecommuting center established under this section or

other federal law.

(2) MINIMUM FUNDING.—For each of the following departments and agencies, in each fiscal year at least $50,000 of

amounts made available for salaries and expenses is available

only for carrying out a flexiplace work telecommuting program:

(A) Department of Agriculture.

(B) Department of Commerce.

(C) Department of Defense.

(D) Department of Education.

(E) Department of Energy.

(F) Department of Health and Human Services.

(G) Department of Housing and Urban Development.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1115

(H) Department of the Interior.

(I) Department of Justice.

(J) Department of Labor.

(K) Department of State.

(L) Department of Transportation.

(M) Department of the Treasury.

(N) Department of Veterans Affairs.

(O) Environmental Protection Agency.

(P) General Services Administration.

(Q) Office of Personnel Management.

(R) Small Business Administration.

(S) Social Security Administration.

(T) United States Postal Service.

§ 588. Movement and supply of office furniture

(a) DEFINITION.—In this section, the term ‘‘controlled space’’ means a substantial and identifiable segment of space (such as

a building, floor, or wing) in a location that the Administrator

of General Services controls for purposes of assignment of space.

(b) APPLICATION.—This section applies if an agency (or unit of

the agency), moves from one controlled space to another, whether

in the same or a different location.

(c) MOVING EXISTING FURNITURE.—The furniture and furnishings

used by an agency (or organizational unit of the agency) shall

be moved only if the Administrator determines, after consultation

with the head of the agency and with due regard for the program

activities of the agency, that it would not be more economical

and efficient to make suitable replacements available in the new

controlled space.

(d) PROVIDING REPLACEMENT FURNITURE.—In the absence of a

determination under subsection (c), suitable furniture and furnishings for the new controlled space shall be provided from stocks

under the control of the moving agency or from stocks available

to the Administrator, whichever the Administrator determines to

be more economical and efficient. However, the same or similar

items may not be provided from both sources.

(e) CONTROL OF REPLACEMENT FURNITURE.—If furniture and furnishings for a new controlled space are provided from stocks available to the Administrator, the items being provided remain in

the control of the Administrator.

(f) CONTROL OF FURNITURE NOT MOVED.—

(1) IN GENERAL.—If furniture and furnishings for a new controlled space are provided from stocks available to the Administrator, the furniture and furnishings that were previously used

by the moving agency (or unit of the agency) pass to the

control of the Administrator.

(2) REIMBURSEMENT.—

(A) IN GENERAL.—Furniture and furnishings passing to

the control of the Administrator under this section pass

without reimbursement.

(B) EXCEPTION FOR TRUST FUND.—If furniture and furnishings that were purchased from a trust fund pass to

the control of the Administrator under this section, the

Administrator shall reimburse the trust fund for the fair

market value of the furniture and furnishings.

(3) REVOLVING OR WORKING CAPITAL FUND.—If furniture and

furnishings are carried as assets of a revolving or working

116 STAT. 1116 PUBLIC LAW 107–217—AUG. 21, 2002

capital fund at the time they pass to the control of the Administrator under this section, the net book value of the furniture

and furnishings shall be written off and the capital of the

fund is diminished by the amount of the write-off.

§ 589. Installation, repair, and replacement of sidewalks

(a) IN GENERAL.—An executive agency may install, repair, and

replace sidewalks around buildings, installations, property, or

grounds that are—

(1) under the agency’s control;

(2) owned by the Federal Government; and

(3) located in a State, the District of Columbia, Puerto Rico,

or a territory or possession of the United States.

(b) REIMBURSEMENT.—Subsection (a) may be carried out by—

(1) reimbursement to a State or political subdivision of a

State, the District of Columbia, Puerto Rico, or a territory

or possession of the United States; or

(2) a means other than reimbursement.

(c) REGULATIONS.—Subsection (a) shall be carried out in accordance with regulations the Administrator of General Services prescribes with the approval of the Director of the Office of Management and Budget.

(d) USE OF AMOUNTS.—Amounts appropriated to an executive

agency for installation, repair, and maintenance, generally, are

available to carry out this section.

(e) LIABILITY.—This section does not increase or enlarge the tort

liability of the Government for injuries to individuals or damages

to property.

§ 590. Child care

(a) GUIDANCE, ASSISTANCE, AND OVERSIGHT.—Through the General Services Administration’s licensing agreements, the Administrator of General Services shall provide guidance, assistance, and

oversight to federal agencies for the development of child care

centers to provide economical and effective child care for federal

workers.

(b) ALLOTMENT OF SPACE IN FEDERAL BUILDINGS.—

(1) DEFINITIONS.—In this subsection, the following definitions

apply:

(A) CHILD CARE PROVIDER.—The term ‘‘child care provider’’ means an individual or entity that provides or proposes to provide child care services for federal employees.

(B) ALLOTMENT OFFICER.—The term ‘‘allotment officer’’

means an officer or agency of the Federal Government

charged with the allotment of space in federal buildings.

(2) ALLOTMENT.—A child care provider may be allotted space

in a federal building by an allotment officer if—

(A) the child care provider applies to the allotment officer

in the community or district in which child care services

are to be provided;

(B) the space is available; and

(C) the allotment officer determines that—

(i) the space will be used to provide child care services to children of whom at least 50 percent have

one parent or guardian employed by the Government;

and

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1117

(ii) the child care provider will give priority to federal

employees for available child care services in the space.

(c) PAYMENT FOR SPACE AND SERVICES.—

(1) DEFINITION.—For purposes of this subsection, the term ‘‘services’’ includes the providing of lighting, heating, cooling,

electricity, office furniture, office machines and equipment,

classroom furnishings and equipment, kitchen appliances, playground equipment, telephone service (including installation of

lines and equipment and other expenses associated with telephone services), and security systems (including installation

and other expenses associated with security systems), including

replacement equipment, as needed.

(2) NO CHARGE.—Space allotted under subsection (b) may

be provided without charge for rent or services.

(3) REIMBURSEMENT FOR COSTS.—For space allotted under

subsection (b), if there is an agreement for the payment of

costs associated with providing space or services, neither title

31, nor any other law, prohibits or restricts payment by

reimbursement to the miscellaneous receipts or other appropriate account of the Treasury.

(d) PAYMENT OF OTHER COSTS.—If an agency has a child care

facility in its space, or is a sponsoring agency for a child care

facility in other federal or leased space, the agency or the Administration may—

(1) pay accreditation fees, including renewal fees, for the

child care facility to be accredited by a nationally recognized

early-childhood professional organization;

(2) pay travel and per diem expenses for representatives

of the child care facility to attend the annual Administration

child care conference; and

(3) enter into a consortium with one or more private entities

under which the private entities assist in defraying costs associated with the salaries and benefits for personnel providing

services at the facility.

(e) REIMBURSEMENT FOR EMPLOYEE TRAINING.—Notwithstanding

section 1345 of title 31, an agency, department, or instrumentality

of the Government that provides or proposes to provide child care

services for federal employees may reimburse a federal employee

or any individual employed to provide child care services for travel,

transportation, and subsistence expenses incurred for training

classes, conferences, or other meetings in connection with providing

the services. A per diem allowance made under this subsection

may not exceed the rate specified in regulations prescribed under

section 5707 of title 5.

(f) CRIMINAL HISTORY BACKGROUND CHECKS.—

(1) DEFINITION.—In this subsection, the term ‘‘executive

facility’’ means a facility owned or leased by an office or entity

within the executive branch of the Government. The term

includes a facility owned or leased by the General Services

Administration on behalf of an office or entity within the

judicial branch of the Government.

(2) IN GENERAL.—All workers in a child care center located

in an executive facility shall undergo a criminal history background check as defined in section 231 of the Crime Control

Act of 1990 (42 U.S.C. 13041).

(3) NONAPPLICATION TO LEGISLATIVE BRANCH FACILITIES.— This subsection does not apply to a facility owned by or leased

116 STAT. 1118 PUBLIC LAW 107–217—AUG. 21, 2002

on behalf of an office or entity within the legislative branch

of the Government.

(g) APPROPRIATED AMOUNTS FOR AFFORDABLE CHILD CARE.—

(1) DEFINITION.—For purposes of this subsection, the term ‘‘Executive agency’’ has the meaning given that term in section

105 of title 5, but does not include the General Accounting

Office.

(2) IN GENERAL.—In accordance with regulations the Office

of Personnel Management prescribes, an Executive agency that

provides or proposes to provide child care services for federal

employees may use appropriated amounts that are otherwise

available for salaries and expenses to provide child care in

a federal or leased facility, or through contract, for civilian

employees of the agency.

(3) AFFORDABILITY.—Amounts used pursuant to paragraph

(2) shall be applied to improve the affordability of child care

for lower income federal employees using or seeking to use

the child care services.

(4) ADVANCES.—Notwithstanding section 3324 of title 31,

amounts may be paid in advance to licensed or regulated child

care providers for services to be rendered during an agreed

period.

(5) NOTIFICATION.—No amounts made available by law may

be used to implement this subsection without advance notice

to the Committees on Appropriations of the House of Representatives and the Senate.

§ 591. Purchase of electricity

(a) GENERAL LIMITATION ON USE OF AMOUNTS.—A department,

agency, or instrumentality of the Federal Government may not

use amounts appropriated or made available by any law to purchase

electricity in a manner inconsistent with state law governing the

provision of electric utility service, including—

(1) state utility commission rulings; and

(2) electric utility franchises or service territories established

under state statute, state regulation, or state-approved territorial agreements.

(b) EXCEPTIONS.—

(1) ENERGY SAVINGS.—This section does not preclude the

head of a federal agency from entering into a contract under

section 801 of the National Energy Conservation Policy Act

(42 U.S.C. 8287).

(2) ENERGY SAVINGS FOR MILITARY INSTALLATIONS.—This section does not preclude the Secretary of a military department

from—

(A) entering into a contract under section 2394 of title

10; or

(B) purchasing electricity from any provider if the Secretary finds that the utility having the applicable stateapproved franchise (or other service authorization) is

unwilling or unable to meet unusual standards of service

reliability that are necessary for purposes of national

defense.

§ 592. Federal Buildings Fund

(a) EXISTENCE.—There is in the Treasury a fund known as the

Federal Buildings Fund.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1119

(b) DEPOSITS.—

(1) IN GENERAL.—The following revenues and collections shall

be deposited into the Fund:

(A) User charges under section 586(b) of this title, payable in advance or otherwise.

(B) Proceeds from the lease of federal building sites or

additions under section 581(d) of this title.

(C) Receipts from carriers and others for loss of, or damage to, property belonging to the Fund.

(2) REIMBURSEMENTS FOR SPECIAL SERVICES.—This subchapter does not preclude the Administrator of General Services

from providing special services, not included in the standard

level user charge, on a reimbursable basis. The reimbursements

may be credited to the Fund.

(3) TRANSFER OF SURPLUS AMOUNTS.—To prevent the accumulation of excessive surpluses in the Fund, in any fiscal year

an amount specified in an appropriation law may be transferred

out of the Fund and deposited as miscellaneous receipts in

the Treasury.

(c) USES.—

(1) IN GENERAL.—Deposits in the Fund are available for

real property management and related activities in the amounts

specified in annual appropriation laws without regard to fiscal

year limitations.

(2) SALARIES AND EXPENSES RELATED TO CONSTRUCTION

PROJECTS OR PLANNING PROGRAMS.—Deposits in the Fund that

are available pursuant to annual appropriation laws may be

transferred and consolidated on the books of the Treasury into

a special account in accordance with, and for the purposes

specified in, section 3176 of this title.

(3) REPAYMENT OF GENERAL SERVICES ADMINISTRATION BORROWING FROM FEDERAL FINANCING BANK.—The Administrator,

in accordance with rules and procedures that the Office of

Management and Budget and the Secretary of the Treasury

establish, may transfer from the Fund an amount necessary

to repay the principal amount of a General Services Administration borrowing from the Federal Financing Bank, if the borrowing is a legal obligation of the Fund.

(4) BUILDINGS DEEMED FEDERALLY OWNED.—For purposes of

amounts authorized to be expended from the Fund, the following are deemed to be federally owned buildings:

(A) A building constructed pursuant to the purchase contract authority of section 5 of the Public Buildings Amendments of 1972 (Public Law 92–313, 86 Stat. 219).

(B) A building occupied pursuant to an installment purchase contract.

(C) A building under the control of a department or

agency, if alterations of the building are required in connection with moving the department or agency from a former

building that is, or will be, under the control of the

Administration.

(d) ENERGY MANAGEMENT PROGRAMS.—

(1) RECEIVING CASH INCENTIVES.—The Administrator may

receive amounts from rebates or other cash incentives related

to energy savings and shall deposit the amounts in the Fund

for use as provided in paragraph (4).

116 STAT. 1120 PUBLIC LAW 107–217—AUG. 21, 2002

(2) RECEIVING GOODS OR SERVICES.—The Administrator may

accept, from a utility, goods or services that enhance the energy

efficiency of federal facilities.

(3) ASSIGNMENT OF ENERGY REBATES.—In the administration

of real property that the Administrator leases and for which

the Administrator pays utility costs, the Administrator may

assign all or a portion of energy rebates to the lessor to underwrite the costs incurred in undertaking energy efficiency

improvements in the real property if the payback period for

the improvement is at least 2 years less than the remainder

of the term of the lease.

(4) OBLIGATING AMOUNTS FOR ENERGY MANAGEMENT IMPROVE- MENT PROGRAMS.—In addition to amounts appropriated for

energy management improvement programs and without regard

to subsection (c)(1), the Administrator may obligate for those

programs— (A) amounts received and deposited in the Fund under

paragraph (1);

(B) goods and services received under paragraph (2);

and

(C) amounts the Administrator determines are not

needed for other authorized projects and that are otherwise

available to implement energy efficiency programs.

(e) RECYCLING PROGRAMS.—

(1) RECEIVING AMOUNTS.—The Administrator may receive

amounts from the sale of recycled materials and shall deposit

the amounts in the Fund for use as provided in paragraph

(2).

(2) OBLIGATING AMOUNTS FOR RECYCLING PROGRAMS.—In

addition to amounts appropriated for such purposes and without

regard to subsection (c)(1), the Administrator may obligate

amounts received and deposited in the Fund under paragraph

(1) for programs which—

(A) promote further source reduction and recycling programs; and

(B) encourage employees to participate in recycling programs by providing financing for child care.

(f) ADDITIONAL AUTHORITY RELATED TO ENERGY MANAGEMENT

AND RECYCLING PROGRAMS.—The Fund may receive, in the form

of rebates, cash incentives or otherwise, any revenues, collections,

or other income related to energy savings or recycling efforts.

Amounts received under this subsection remain in the Fund until

expended and remain available for federal energy management

improvement programs, recycling programs, or employee programs

that are authorized by law or that the Administrator considers

appropriate. The Administration may use amounts received under

this subsection, in addition to amounts received as New Obligational

Authority, in activities of the Fund as necessary.

§ 593. Protection for veterans preference employees

(a) DEFINITIONS.—In this section, the following definitions apply:

(1) COVERED SERVICES.—The term ‘‘covered services’’ means

any guard, elevator operator, messenger, or custodial services.

(2) SHELTERED WORKSHOP.—The term ‘‘sheltered workshop’’

means a sheltered workshop employing the severely handicapped under the Javits-Wagner-O’Day Act (41 U.S.C. 46 et

seq.).

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1121

(b) IN GENERAL.—Except as provided in subsection (c), amounts

made available to the Administration pursuant to section 592 of

this title may not be obligated or expended to procure covered

services by contract if an employee who was a permanent veterans

preference employee of the Administration on November 19, 1995,

would be terminated as a result.

(c) EXCEPTION.—Amounts made available to the Administration

pursuant to section 592 of this title may be obligated and expended

to procure covered services by contract with a sheltered workshop

or, if sheltered workshops decline to contract for the provision

of covered services, by competitive contract for a period of no longer

than 5 years. When a competitive contract expires, or is terminated

for any reason, the Administration shall again offer to procure

the covered services by contract with a sheltered workshop before

procuring the covered services by competitive contract.

SUBCHAPTER VI—MOTOR VEHICLE POOLS AND

TRANSPORTATION SYSTEMS

§ 601. Purposes

In order to provide an economical and efficient system for

transportation of Federal Government personnel and property consistent with section 101 of this title, the purposes of this subchapter

are—

(1) to establish procedures to ensure safe operation of motor

vehicles on Government business;

(2) to provide for proper identification of Government motor

vehicles;

(3) to establish an effective means to limit the use of Government motor vehicles to official purposes;

(4) to reduce the number of Government-owned vehicles to

the minimum necessary to transact public business; and

(5) to provide wherever practicable for centrally operated

interagency pools or systems for local transportation of Government personnel and property.

§ 602. Authority to establish motor vehicle pools and

transportation systems

(a) IN GENERAL.—Subject to section 603 of this title, and regulations issued under section 603, the Administrator of General Services shall—

(1) take over from executive agencies and consolidate, or

otherwise acquire, motor vehicles and related equipment and

supplies;

(2) provide for the establishment, maintenance, and operation

(including servicing and storage) of motor vehicle pools or systems; and

(3) furnish motor vehicles and related services to executive

agencies for the transportation of property and passengers.

(b) METHODS OF PROVIDING VEHICLES AND SERVICES.—As determined by the Administrator, motor vehicles and related services

may be furnished by providing an agency with—

(1) Federal Government-owned motor vehicles;

(2) the use of motor vehicles, under rental or other arrangements, through private fleet operators, taxicab companies, or

local or interstate common carriers; or

(3) both.

116 STAT. 1122 PUBLIC LAW 107–217—AUG. 21, 2002

(c) RECIPIENTS OF VEHICLES AND SERVICES.—The Administrator

shall, so far as practicable, furnish motor vehicles and related

services under this section to any federal agency, mixed-ownership

Government corporation (as defined in chapter 91 of title 31), or

the District of Columbia, on its request.

§ 603. Process for establishing motor vehicle pools and

transportation systems

(a) DETERMINATION REQUIREMENT.—

(1) IN GENERAL.—The Administrator of General Services may

carry out section 602 only if the Administrator determines,

after consultation with the agencies concerned and with due

regard to their program activities, that doing so is advantageous

to the Federal Government in terms of economy, efficiency,

or service.

(2) ELEMENTS OF THE DETERMINATION.—A determination

under this section must be in writing. For each motor vehicle

pool or system, the determination must set forth an analytical

justification that includes—

(A) a detailed comparison of estimated costs for present

and proposed modes of operation; and

(B) a showing that savings can be realized by the

establishment, maintenance, and operation of a motor

vehicle pool or system.

(b) REGULATIONS RELATED TO ESTABLISHMENT.—

(1) IN GENERAL.—The President shall prescribe regulations

establishing procedures to carry out section 602 of this title.

(2) ELEMENTS OF THE REGULATIONS.—The regulations shall

provide for—

(A) adequate notice to an executive agency of any determination that affects the agency or its functions;

(B) independent review and decision as directed by the

President of any determination disputed by an agency,

with the possibility that the decision may include a partial

or complete exemption of the agency from the determination; and

(C) enforcement of determinations that become effective

under the regulations.

(3) EFFECT OF THE REGULATIONS.—A determination under

subsection (a) is binding on an agency only as provided in

regulations issued under this subsection.

§ 604. Treatment of assets taken over to establish motor

vehicle pools and transportation systems

(a) REIMBURSEMENT.—

(1) REQUIREMENT.—When the Administrator of General Services takes over motor vehicles or related equipment or supplies

under section 602 of this title, reimbursement is required if

the property is taken over from—

(A) a Government corporation; or

(B) an agency, if the agency acquired the property

through unreimbursed expenditures made from a revolving

or trust fund authorized by law.

(2) AMOUNT.—The Administrator shall reimburse a Government corporation, or a fund through which an agency acquired

property, by an amount equal to the fair market value of

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1123

the property. If the Administrator subsequently returns property of a similar kind under section 610 of this title, the

Government corporation or the fund shall reimburse the

Administrator by an amount equal to the fair market value

of the property returned.

(b) ADDITION TO GENERAL SUPPLY FUND.—If the Administrator

takes over motor vehicles or related equipment or supplies under

section 602 of this title but reimbursement is not required under

subsection (a), the value of the property taken over, as determined

by the Administrator, may be added to the capital of the General

Supply Fund. If the Administrator subsequently returns property

of a similar kind under section 610 of this title, the value of

the property may be deducted from the Fund.

§ 605. Payment of costs

(a) USE OF GENERAL SUPPLY FUND TO COVER COSTS.—The General Supply Fund provided for in section 321 of this title is available

for use by or under the direction and control of the Administrator

of General Services to pay the costs of carrying out section 602

of this title, including the cost of purchasing or renting motor

vehicles and related equipment and supplies.

(b) SETTING PRICES TO RECOVER COSTS.—

(1) IN GENERAL.—The Administrator shall set prices for furnishing motor vehicles and related services under section 602

of this title. Prices shall be set to recover, so far as practicable,

all costs of carrying out section 602 of this title.

(2) INCREMENT FOR REPLACEMENT COST.—In the Administrator’s discretion, prices may include an increment for the estimated replacement cost of motor vehicles and related equipment and supplies. Notwithstanding section 321(f)(1) of this

title, the increment may be retained as a part of the capital

of the General Supply Fund but is available only to replace

motor vehicles and related equipment and supplies.

(c) ACCOUNTING METHOD.—The purchase price of motor vehicles

and related equipment, and any increment for estimated replacement cost, shall be recovered only through charges for the cost

of amortization. Costs shall be determined, and financial reports

prepared, in accordance with the accrual accounting method.

§ 606. Regulations related to operation

(a) IN GENERAL.—The Director of the Office of Personnel Management shall prescribe regulations to govern executive agencies in

authorizing civilian personnel to operate Federal Governmentowned motor vehicles for official purposes within the States of

the United States, the District of Columbia, Puerto Rico, and the

territories and possessions of the United States.

(b) ELEMENTS OF THE REGULATIONS.—The regulations shall prescribe standards of physical fitness for authorized operators. The

regulations may require operators and prospective operators to

obtain state and local licenses or permits that are required to

operate similar vehicles for other than official purposes.

(c) AGENCY ORDERS.—The head of each executive agency shall

issue orders and directives necessary for compliance with the regulations. The orders and directives shall provide for—

(1) periodically testing the physical fitness of operators and

prospective operators; and

(2) suspension and revocation of authority to operate.

116 STAT. 1124 PUBLIC LAW 107–217—AUG. 21, 2002

§ 607. Records

The Administrator of General Services shall maintain an accurate

record of the cost of establishing, maintaining, and operating each

motor vehicle pool or system established under section 602 of this

title.

§ 608. Scrip, tokens, tickets

The Administrator of General Services, in the operation of motor

vehicle pools or systems under this subchapter, may provide for

the sale and use of scrip, tokens, tickets, and similar devices to

collect payment.

§ 609. Identification of vehicles

(a) IN GENERAL.—Under regulations prescribed by the Administrator of General Services, every motor vehicle acquired and used

for official purposes within the United States, or the territories

or possessions of the United States, by any federal agency or by

the District of Columbia shall be conspicuously identified by

showing, on the vehicle— (1)(A) the full name of the department, establishment, corporation, or agency that uses the vehicle and the service for

which the vehicle is used; or

(B) a title that readily identifies the department, establishment, corporation, or agency that uses the vehicle and that

is descriptive of the service for which the vehicle is used;

and

(2) the legend ‘‘For official use only’’. (b) EXCEPTIONS.—The regulations prescribed pursuant to this

section may provide for exemptions when conspicuous identification

would interfere with the purpose for which a vehicle is acquired

and used.

§ 610. Discontinuance of motor vehicle pool or system

(a) IN GENERAL.—The Administrator of General Services shall

discontinue a motor vehicle pool or system if there are no actual

savings realized (based on accounting as provided in section 605

of this title) during a reasonable period of not longer than two

successive fiscal years.

(b) RETURN OF COMPARABLE PROPERTY.—If a motor vehicle pool

or system is discontinued, the Administrator shall return to each

agency involved motor vehicles and related equipment and supplies

similar in kind and reasonably comparable in value to any motor

vehicles and related equipment and supplies which were previously

taken over by the Administrator.

§ 611. Duty to report violations

During the regular course of the duties of the Administrator

of General Services, if the Administrator becomes aware of a violation of section 1343, 1344, or 1349(b) of title 31 or of section

641 of title 18 involving the conversion by a Federal Government

official or employee of a Government-owned or leased motor vehicle

to the official or employee’s own use or to the use of others, the

Administrator shall report the violation to the head of the agency

in which the official or employee is employed, for further investigation and either appropriate disciplinary action under section 1343,

1344, or 1349(b) or, if appropriate, referral to the Attorney General

for prosecution under section 641.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1125

CHAPTER 7—FOREIGN EXCESS PROPERTY

Sec.

701. Administrative.

702. Return of foreign excess property to United States.

703. Donation of medical supplies for use in foreign country.

704. Other methods of disposal.

705. Handling of proceeds from disposal.

§ 701. Administrative

(a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may

prescribe policies that the President considers necessary to carry

out this chapter. The policies must be consistent with this chapter.

(b) EXECUTIVE AGENCY RESPONSIBILITY.— (1) IN GENERAL.—The head of an executive agency that has

foreign excess property is responsible for the disposal of the

property.

(2) CONFORMANCE TO POLICIES.—In carrying out functions

under this chapter, the head of an executive agency shall— (A) use the policies prescribed by the President under

subsection (a) for guidance; and

(B) dispose of foreign excess property in a manner that

conforms to the foreign policy of the United States.

(3) DELEGATION OF AUTHORITY.—The head of an executive

agency may— (A) delegate authority conferred by this chapter to an

official in the agency or to the head of another executive

agency; and

(B) authorize successive redelegation of authority conferred by this chapter.

(4) EMPLOYMENT OF PERSONNEL.—As necessary to carry out

this chapter, the head of an executive agency may— (A) appoint and fix the pay of personnel in the United

States, subject to chapters 33 and 51 and subchapter III

of chapter 53 of title 5; and

(B) appoint personnel outside the States of the United

States and the District of Columbia, without regard to

chapter 33 of title 5.

(c) SPECIAL RESPONSIBILITIES OF SECRETARY OF STATE.—

(1) USE OF FOREIGN CURRENCIES AND CREDITS.—The Secretary

of State may use foreign currencies and credits acquired by

the United States under section 704(b)(2) of this title—

(A) to carry out the Mutual Educational and Cultural

Exchange Act of 1961 (22 U.S.C. 2451 et seq.);

(B) to carry out the Foreign Service Buildings Act, 1926

(22 U.S.C. 292 et seq.); and

(C) to pay other governmental expenses payable in local

currencies.

(2) RENEWAL OF CERTAIN AGREEMENTS.—Except as otherwise

directed by the President, the Secretary of State shall continue

to perform functions under agreements in effect on July 1,

1949, related to the disposal of foreign excess property. The

Secretary of State may amend, modify, and renew the agreements. Foreign currencies or credits the Secretary of State

acquires under the agreements shall be administered in accordance with procedures that the Secretary of the Treasury may

establish. Foreign currencies or credits reduced to United States

currency must be deposited in the Treasury as miscellaneous

receipts.

116 STAT. 1126 PUBLIC LAW 107–217—AUG. 21, 2002

§ 702. Return of foreign excess property to United States

(a) IN GENERAL.—Under regulations prescribed pursuant to subsection (b), foreign excess property may be returned to the United

States for handling as excess or surplus property under subchapter

II of chapter 5 of this title or section 549 or 551 of this title

when the head of the executive agency concerned, or the Administrator of General Services after consultation with the agency head,

determines that return of the property to the United States for

such handling is in the interest of the United States.

(b) REGULATIONS.—The Administrator shall prescribe regulations

to carry out this section. The regulations must require that

transportation costs for returning foreign excess property to the

United States are paid by the federal agency, state agency, or

donee receiving the property.

§ 703. Donation of medical supplies for use in foreign

country

(a) APPLICATION.—This section applies to medical materials or

supplies that are in a foreign country but that would, if situated

within the United States, be available for donation under subchapter III of chapter 5 of this title.

(b) IN GENERAL.—An executive agency may donate medical materials or supplies that are not disposed of under section 702 of

this title.

(c) CONDITIONS.—A donation under this section is subject to the

following conditions:

(1) The medical materials and supplies must be donated

for use in a foreign country.

(2) The donation must be made to a nonprofit medical or

health organization, which may be an organization qualified

to receive assistance under section 214(b) or 607 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2174(b), 2357).

(3) The donation must be made without cost to the donee

(except for costs of care and handling).

§ 704. Other methods of disposal

(a) IN GENERAL.—Foreign excess property not disposed of under

section 702 or 703 of this title may be disposed of as provided

in this section.

(b) METHODS OF DISPOSAL.—

(1) SALE, EXCHANGE, LEASE, OR TRANSFER.—The head of an

executive agency may dispose of foreign excess property by

sale, exchange, lease, or transfer, for cash, credit or other

property, with or without warranty, under terms and conditions

the head of the executive agency considers proper.

(2) EXCHANGE FOR FOREIGN CURRENCY OR CREDIT.—If the

head of an executive agency determines that it is in the interest

of the United States, foreign excess property may be exchanged

for—

(A) foreign currencies or credits; or

(B) substantial benefits or the discharge of claims

resulting from the compromise or settlement of claims in

accordance with law.

(3) ABANDONMENT, DESTRUCTION, OR DONATION.—The head

of an executive agency may authorize the abandonment,

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1127

destruction, or donation of foreign excess property if the property has no commercial value or if estimated costs of care

and handling exceed the estimated proceeds from sale.

(c) ADVERTISING.—The head of an executive agency may dispose

of foreign excess property without advertising if the head of the

executive agency finds that disposal without advertising is the

most practicable and advantageous means for the Federal Government to dispose of the property.

(d) TRANSFER OF TITLE.—The head of an executive agency may

execute documents to transfer title or other interests in, and take

other action necessary or proper to dispose of, foreign excess property.

§ 705. Handling of proceeds from disposal

(a) IN GENERAL.—This section applies to proceeds from the sale,

lease, or other disposition of foreign excess property under this

chapter.

(b) FOREIGN CURRENCIES OR CREDITS.—Proceeds in the form of

foreign currencies or credits, must be administered in accordance

with procedures that the Secretary of the Treasury may establish.

(c) UNITED STATES CURRENCY.— (1) SEPARATE FUND IN TREASURY.—Section 572(a) of this title

applies to proceeds of foreign excess property disposed of for

United States currency under this chapter.

(2) DEPOSITED IN TREASURY AS MISCELLANEOUS RECEIPTS.— Except as provided in paragraph (1), proceeds in the form

of United States currency, including foreign currencies or

credits that are reduced to United States currency, must be

deposited in the Treasury as miscellaneous receipts.

(d) SPECIAL ACCOUNT FOR REFUNDS OR PAYMENTS FOR BREACH.— (1) DEPOSITS.—A federal agency that disposes of foreign

excess property under this chapter may deposit, in a special

account in the Treasury, amounts of the proceeds of the dispositions that the agency decides are necessary to permit— (A) appropriate refunds to purchasers for dispositions

that are rescinded or that do not become final; and

(B) payments for breach of warranty.

(2) WITHDRAWALS.—A federal agency that deposits proceeds

in a special account under paragraph (1) may withdraw

amounts to be refunded or paid from the account without

regard to the origin of the amounts withdrawn.

CHAPTER 9—URBAN LAND USE

Sec.

901. Purpose and policy.

902. Definitions.

903. Acquisition and use.

904. Disposal.

905. Waiver.

§ 901. Purpose and policy

The purpose of this chapter is to promote harmonious intergovernmental relations and encourage sound planning, zoning, and land

use practices by prescribing uniform policies and procedures for

the Administrator of General Services to acquire, use, and dispose

of land in urban areas. To the greatest extent practicable, urban

land transactions entered into for the General Services Administration and other federal agencies shall be consistent with zoning

116 STAT. 1128 PUBLIC LAW 107–217—AUG. 21, 2002

and land use practices and with the planning and development

objectives of local governments and planning agencies.

§ 902. Definitions

In this chapter, the following definitions apply:

(1) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘‘unit

of general local government’’ means a city, county, town, parish,

village, or other general-purpose political subdivision of a State.

(2) URBAN AREA.—The term ‘‘urban area’’ means— (A) a geographical area within the jurisdiction of an

incorporated city, town, borough, village, or other unit of

general local government, except a county or parish, having

a population of at least 10,000 inhabitants;

(B) that portion of the geographical area within the jurisdiction of a county, town, township, or similar governmental

entity which contains no incorporated unit of general local

government but has a population density of at least 1,500

inhabitants per square mile; and

(C) that portion of a geographical area having a population density of at least 1,500 inhabitants per square

mile and situated adjacent to the boundary of an incorporated unit of general local government which has a population of at least 10,000.

§ 903. Acquisition and use

(a) NOTICE TO LOCAL GOVERNMENT.—To the extent practicable,

before making a commitment to acquire real property situated

in an urban area, the Administrator of General Services shall

give notice of the intended acquisition and the proposed use of

the property to the unit of general local government exercising

zoning and land use jurisdiction. If the Administrator determines

that providing advance notice would adversely impact the acquisition, the Administrator shall give notice of the acquisition and

the proposed use of the property immediately after the property

is acquired.

(b) OBJECTIONS TO ACQUISITION OR CHANGE OF USE.—In the

acquisition or change of use of real property situated in an urban

area as a site for public building, if the unit of general local

government exercising zoning and land use jurisdiction objects on

grounds that the proposed acquisition or change of use conflicts

with zoning regulations or planning objectives, the Administrator

shall, to the extent the Administrator determines is practicable,

consider all the objections and comply with the zoning regulations

and planning objectives.

§ 904. Disposal

(a) NOTICE TO LOCAL GOVERNMENT.—Before offering real property

situated in an urban area for sale, the Administrator of General

Services shall give reasonable notice to the unit of general local

government exercising zoning and land use jurisdiction in order

to provide an opportunity for zoning so that the property is used

in accordance with local comprehensive planning described in subsection (c).

(b) NOTICE TO PROSPECTIVE PURCHASERS.—To the greatest extent

practicable, the Administrator shall furnish to all prospective purchasers of real property situated in an urban area complete information concerning—

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1129

(1) current zoning regulations, prospective zoning requirements, and objectives for property if it is unzoned; and

(2)(A) the current availability of streets, sidewalks, sewers,

water, street lights, and other service facilities; and

(B) the prospective availability of those service facilities if

the property is included in local comprehensive planning

described in subsection (c).

(c) LOCAL COMPREHENSIVE PLANNING.—Local comprehensive

planning referred to in subsections (a) and (b) includes any of

the following activities, to the extent the activity is directly related

to the needs of a unit of general local government:

(1) As a guide for government policy and action, preparing

general plans related to— (A) the pattern and intensity of land use;

(B) the provision of public facilities (including transportation facilities) and other government services; and

(C) the effective development and use of human and

natural resources.

(2) Preparing long-range physical and fiscal plans for government action.

(3) Programming capital improvements and other major

expenditures, based on a determination of relative urgency,

together with definitive financial planning for expenditures in

the earlier years of a program.

(4) Coordinating related plans and activities of state and

local governments and agencies.

(5) Preparing regulatory and administrative measures to support activities described in this subsection.

§ 905. Waiver

The procedures prescribed in sections 903 and 904 of this title

may be waived during a period of national emergency proclaimed

by the President.

CHAPTER 11—SELECTION OF ARCHITECTS AND

ENGINEERS

Sec.

1101. Policy.

1102. Definitions.

1103. Selection procedure.

1104. Negotiation of contract.

§ 1101. Policy

The policy of the Federal Government is to publicly announce

all requirements for architectural and engineering services and

to negotiate contracts for architectural and engineering services

on the basis of demonstrated competence and qualification for the

type of professional services required and at fair and reasonable

prices.

§ 1102. Definitions

In this chapter, the following definitions apply:

(1) AGENCY HEAD.—The term ‘‘agency head’’ means the head

of a department, agency, or bureau of the Federal Government.

(2) ARCHITECTURAL AND ENGINEERING SERVICES.—The term

‘‘architectural and engineering services’’ means—

(A) professional services of an architectural or

engineering nature, as defined by state law, if applicable,

116 STAT. 1130 PUBLIC LAW 107–217—AUG. 21, 2002

that are required to be performed or approved by a person

licensed, registered, or certified to provide the services

described in this paragraph;

(B) professional services of an architectural or

engineering nature performed by contract that are associated with research, planning, development, design,

construction, alteration, or repair of real property; and

(C) other professional services of an architectural or

engineering nature, or incidental services, which members

of the architectural and engineering professions (and

individuals in their employ) may logically or justifiably

perform, including studies, investigations, surveying and

mapping, tests, evaluations, consultations, comprehensive

planning, program management, conceptual designs, plans

and specifications, value engineering, construction phase

services, soils engineering, drawing reviews, preparation

of operating and maintenance manuals, and other related

services.

(3) FIRM.—The term ‘‘firm’’ means an individual, firm, partnership, corporation, association, or other legal entity permitted

by law to practice the profession of architecture or engineering.

§ 1103. Selection procedure

(a) IN GENERAL.—These procedures apply to the procurement

of architectural and engineering services by an agency head.

(b) ANNUAL STATEMENTS.—The agency head shall encourage firms

to submit annually a statement of qualifications and performance

data.

(c) EVALUATION.—For each proposed project, the agency head

shall evaluate current statements of qualifications and performance

data on file with the agency, together with statements submitted

by other firms regarding the proposed project. The agency head

shall conduct discussions with at least 3 firms to consider anticipated concepts and compare alternative methods for furnishing

services.

(d) SELECTION.—From the firms with which discussions have

been conducted, the agency head shall select, in order of preference,

at least 3 firms that the agency head considers most highly qualified

to provide the services required. Selection shall be based on criteria

established and published by the agency head.

§ 1104. Negotiation of contract

(a) IN GENERAL.—The agency head shall negotiate a contract

for architectural and engineering services at compensation which

the agency head determines is fair and reasonable to the Federal

Government. In determining fair and reasonable compensation, the

agency head shall consider the scope, complexity, professional

nature, and estimated value of the services to be rendered.

(b) ORDER OF NEGOTIATION.—The agency head shall attempt to

negotiate a contract, as provided in subsection (a), with the most

highly qualified firm selected under section 1103 of this title. If

the agency head is unable to negotiate a satisfactory contract with

the firm, the agency head shall formally terminate negotiations

and then undertake negotiations with the next most qualified of

the selected firms, continuing the process until an agreement is

reached. If the agency head is unable to negotiate a satisfactory

contract with any of the selected firms, the agency head shall

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1131

select additional firms in order of their competence and qualification

and continue negotiations in accordance with this section until

an agreement is reached.

CHAPTER 13—PUBLIC PROPERTY

Sec.

1301. Charge of property transferred to the Federal Government.

1302. Lease of buildings.

1303. Disposition of surplus real property.

1304. Transfer of federal property to States.

1305. Disposition of land acquired by devise.

1306. Disposition of abandoned or forfeited personal property.

1307. Disposition of securities.

1308. Disposition of unfit horses and mules.

1309. Preservation, sale, or collection of wrecked, abandoned, or derelict property.

1310. Sale of war supplies, land, and buildings.

1311. Authority of President to obtain release.

1312. Release of real estate in certain cases.

1313. Releasing property from attachment.

1314. Easements.

1315. Special police.

§ 1301. Charge of property transferred to the Federal

Government

(a) IN GENERAL.—Except as provided in subsection (b), the

Administrator of General Services shall have charge of—

(1) all land and other property which has been or may be

assigned, set off, or conveyed to the Federal Government in

payment of debts;

(2) all trusts created for the use of the Government in payment of debts due the Government; and

(3) the sale and disposal of land—

(A) assigned or set off to the Government in payment

of debt; or

(B) vested in the Government by mortgage or other security for the payment of debts.

(b) NONAPPLICATION.—This section does not apply to—

(1) real estate which has been or shall be assigned, set

off, or conveyed to the Government in payment of debts arising

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et

seq.); or

(2) trusts created for the use of the Government in payment

of debts arising under the Code and due the Government.

§ 1302. Lease of buildings

Except as otherwise specifically provided by law, the leasing

of buildings and property of the Federal Government shall be for

a money consideration only. The lease may not include any provision

for the alteration, repair, or improvement of the buildings or property as a part of the consideration for the rent to be paid for

the use and occupation of the buildings or property. Money derived

from the rent shall be deposited in the Treasury as miscellaneous

receipts.

§ 1303. Disposition of surplus real property

(a) DEFINITION.—In this section, the term ‘‘federal agency’’ means

an executive department, independent establishment, commission,

board, bureau, division, or office in the executive branch, or other

agency of the Federal Government, including wholly owned Government corporations.

116 STAT. 1132 PUBLIC LAW 107–217—AUG. 21, 2002

(b) ASSIGNMENT OF SPACE OR LEASE OR SALE OF PROPERTY.— (1) ACTIONS OF ADMINISTRATOR.—When the President, on the

recommendation of the Administrator of General Services, or

the federal agency having control of any real property the

agency acquires that is located outside of the District of

Columbia, other than military or naval reservations, declares

the property to be surplus to the needs of the agency, the

Administrator—

(A) may assign space in the property to any federal

agency;

(B) pending a sale, may lease the property for not more

than 5 years and on terms the Administrator considers

to be in the public interest; or

(C) may sell the property at public sale to the highest

responsible bidder on terms and after public advertisement

that the Administrator considers to be in the public

interest.

(2) REVIEW OF DECISION TO ASSIGN SPACE.—If the federal

agency to which space is assigned does not desire to occupy

the space, the decision of the Administrator under paragraph

(1)(A) is subject to review by the President.

(3) NEGOTIATED SALE.—If no bids which are satisfactory as

to price and responsibility of the bidder are received as a

result of public advertisement, the Administrator may sell the

property by negotiation, on terms as may be considered to

be to the best interest of the Government, but at a price

not less than that bid by the highest responsible bidder.

(c) DEMOLITION.—The Administrator may demolish any building

declared to be surplus to the needs of the Government under this

section on deciding that demolition will be in the best interest

of the Government. Before proceeding with the demolition, the

Administrator shall inform the Secretary of the Interior in writing

of the Administrator’s intention to demolish the building, and shall

not proceed with the demolition until receiving written notice from

the Secretary that the building is not an historic building of national

significance within the meaning of the Act of August 21, 1935

(16 U.S.C. 461 et seq.) (known as the Historic Sites, Buildings,

and Antiquities Act). If the Secretary does not notify the Administrator of the Secretary’s decision as to whether the building is

an historic building of national significance within 90 days of the

receipt of the notice of intention to demolish the building, the

Administrator may proceed to demolish the building.

(d) REPAIRS AND ALTERATIONS TO ASSIGNED REAL PROPERTY.—

When the Administrator, after investigation, decides that real property referred to in subsection (b) should be used for the accommodation of a federal agency, the Administrator may make any repairs

or alterations that the Administrator considers necessary or advisable and may maintain and operate the property.

(e) PAYMENT BY FEDERAL AGENCIES.—

(1) ASSIGNED REAL PROPERTY.—To the extent that the appropriations of the General Services Administration not otherwise

allocated are inadequate for repairs, alterations, maintenance,

or operation, the Administrator may require each federal agency

to which space has been assigned to pay promptly by check

to the Administrator out of its appropriation for rent any part

of the estimated or actual cost of the repairs, alterations,

maintenance, and operation. Payment may be either in advance

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1133

of, or on or during, occupancy of the space. The Administrator

shall determine and equitably apportion the total amount to

be paid among the agencies to whom space has been assigned.

(2) LEASED SPACES.—To the extent that the appropriations

of the Administration not otherwise required are inadequate,

the Administrator may require each federal agency to which

leased space has been assigned to pay promptly by check to

the Administrator out of its available appropriations any part

of the estimated cost of rent, repairs, alterations, maintenance,

operation, and moving. Payment may be either in advance

or during occupancy of the space. When space in a building

is occupied by two or more agencies, the Administrator shall

determine and equitably apportion rental, operation, and other

charges on the basis of the total amount of space leased.

(f) AUTHORIZATION OF APPROPRIATIONS.—Necessary amounts may

be appropriated to cover the costs incident to the sale or lease

of real property, or authorized demolition of buildings on the property, declared to be surplus to the needs of any federal agency

under this section, and the care, maintenance, and protection of

the property, including pay of employees, travel of Government

employees, brokers’ fees not in excess of rates paid for similar

services in the community where the property is situated,

appraisals, photographs, surveys, evidence of title and perfecting

of defective titles, advertising, and telephone and telegraph charges.

However, the agency remains responsible for the proper care,

maintenance, and protection of the property until the Administrator

assumes custody or other disposition of the property is made.

(g) REGULATIONS.—The Administrator may prescribe regulations

as necessary to carry out this section.

§ 1304. Transfer of federal property to States

(a) OBSOLETE BUILDINGS AND SITES.—

(1) IN GENERAL.—The Administrator of General Services, in

the Administrator’s discretion, on terms the Administrator considers proper, and under regulations the Administrator may

prescribe, may sell property described in paragraph (2) to a

State or a political subdivision of a State for public use if

the Administrator considers the sale to be in the best interest

of the Federal Government.

(2) APPLICABLE PROPERTY.—The property referred to in paragraph (1) is any federal building, building site, or part of

a building site under the Administrator’s control that has been

replaced by a new structure and that the Administrator determines is no longer needed by the Government.

(3) PRICE.—The purchase price for a sale under this section

must be at least 50 percent of the value of the land as appraised

by the Administrator.

(4) PROCEEDS OF SALE.—The proceeds of a sale under this

section shall be deposited in the Treasury as miscellaneous

receipts.

(5) PAYMENT TERMS.—The Administrator may enter into a

long term contract for the payment of the purchase price in

installments that the Administrator considers fair and reasonable. The Administrator may waive any requirement for interest

charges on deferred payment.

(6) CONVEYANCE.—The Administrator may convey property

sold under this section by the usual quitclaim deed.

116 STAT. 1134 PUBLIC LAW 107–217—AUG. 21, 2002

(b) WIDENING OF PUBLIC ROADS.— (1) DEFINITION.—In this subsection, the term ‘‘executive

agency’’ means an executive department or independent

establishment in the executive branch of the Government,

including any wholly owned Government corporation.

(2) IN GENERAL.—When a State or a political subdivision

of a State applies for a conveyance or transfer of real property

of the Government in connection with an authorized widening

of a public highway, street, or alley, the head of the executive

agency that controls the affected real property may convey

or transfer to the State or political subdivision, with or without

consideration, an interest in the real property that the agency

head determines is not adverse to the interests of the Government. A conveyance or transfer under this subsection is subject

to terms and conditions the agency head considers necessary

to protect the interests of the Government.

(3) LIMITATION ON TRANSFERS FOR HIGHWAY PURPOSES.—An

interest in real property which can be transferred to a State

or a political subdivision of a State for highway purposes under

title 23 may not be conveyed or transferred under this subsection.

(4) LIMITATION ON ISSUANCE OF RIGHTS OF WAY.—Rights of

way over, under, and through public lands and lands in the

National Forest System may not be granted under this subsection.

§ 1305. Disposition of land acquired by devise

The General Services Administration may take custody, for disposal as excess property under this subtitle and title III of the

Federal Property and Administrative Services Act of 1949 (41 U.S.C.

251 et seq.), of land acquired by the Federal Government by devise.

§ 1306. Disposition of abandoned or forfeited personal property

(a) DEFINITIONS.—In this section—

(1) AGENCY.—The term ‘‘agency’’ includes any executive

department, independent establishment, board, commission,

bureau, service, or division of the Federal Government, and

any corporation in which the Government owns at least a

majority of the stock.

(2) PROPERTY.—The term ‘‘property’’ means all personal property, including vessels, vehicles, and aircraft.

(b) VOLUNTARILY ABANDONED PROPERTY.—Property voluntarily

abandoned to any agency in a way that vests title to the property

in the Government may be retained by the agency and devoted

to official use only. If the agency does not desire to retain the

property, the head of the agency immediately shall notify the

Administrator of General Services to that effect, and the Administrator, within a reasonable time, shall—

(1) order the agency to deliver the property to another agency

that requests the property and that the Administrator believes

should be given the property; or

(2) order disposal of the property as otherwise provided by

law.

(c) FORFEITED PROPERTY.—

(1) AGENCY RETAINS PROPERTY.—An agency that seizes property that has been forfeited to the Government other than

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1135

by court decree may retain the property and devote it only

to official use instead of disposing of the property as otherwise

provided by law if competent authority does not order the

property returned to any claimant.

(2) AGENCY DOES NOT DESIRE TO RETAIN PROPERTY.—If the

agency does not desire to retain the property, the head of

the agency immediately shall notify the Administrator to that

effect, and the property—

(A) if not ordered by competent authority to be returned

to any claimant, or disposed of as otherwise provided by

law, shall be delivered by the agency, on order of the

Administrator given within a reasonable time, to another

agency that requests the property and that the Administrator believes should be given the property; or

(B) on order of the Administrator given within a reasonable time, shall be disposed of as otherwise provided by

law.

(d) PROPERTY SUBJECT TO COURT PROCEEDING FOR FORFEITURE.—

(1) NOTIFICATION OF ADMINISTRATOR.—If a proceeding has

begun for the forfeiture of any property by court decree, the

agency that seized the property immediately shall notify the

Administrator and at the same time may file with the Administrator a request for the property for its official use.

(2) APPLICATION FOR COURT ORDER TO DELIVER PROPERTY.—

(A) IN GENERAL.—Before entry of a decree, the Administrator shall apply to the court to order delivery of the

property in accordance with this paragraph.

(B) DELIVERY TO SEIZING AGENCY.—If the agency that

seized the property files a request for the property under

paragraph (1), the Administrator shall apply to the court

to order delivery of the property to the agency that seized

the property.

(C) DELIVERY TO OTHER REQUESTING AGENCY.—If the

agency that seized the property does not file a request

for the property under paragraph (1) but another agency

requests the property, the Administrator shall apply to

the court to order delivery of the property to the requesting

agency if the Administrator believes that the requesting

agency should be given the property.

(D) DELIVERY TO SEIZING AGENCY FOR TEMPORARY

HOLDING.—If application to the court cannot be made under

subparagraph (B) or (C) and the Administrator believes

the property may later become necessary to any agency

for official use, the Administrator shall apply to the court

to order delivery of the property to the agency that seized

the property, to be retained in its custody. Within a reasonable time, the Administrator shall order the agency to—

(i) deliver the property to another agency that

requests the property and that the Administrator

believes should be given the property; or

(ii) dispose of the property as otherwise provided

by law.

(3) FORFEITURE DECREED.—If forfeiture is decreed and the

property is not ordered by competent authority to be returned

to any claimant, the court shall order delivery as provided

in paragraph (2).

116 STAT. 1136 PUBLIC LAW 107–217—AUG. 21, 2002

(4) WHEN NO APPLICATION MADE.—The court shall dispose

of property for which no application is made in accordance

with law.

(e) RETENTION OR DELIVERY OF PROPERTY DEEMED SALE.—Retention or delivery of forfeited or abandoned property under this section

is deemed to be a sale of the property for the purpose of laws

providing for informer’s fees or remission or mitigation of a forfeiture. Property acquired under this section when no longer needed

for official use shall be disposed of in the same manner as other

surplus property.

(f) PAYMENT OF COSTS RELATED TO PROPERTY.—

(1) AVAILABILITY OF APPROPRIATIONS.—The appropriation

available to an agency for the purchase, hire, operation, maintenance, and repair of any property is available for—

(A) the payment of expenses of operation, maintenance,

and repair of property of the same kind the agency receives

under this section for official use;

(B) the payment of a lien recognized and allowed under

law;

(C) the payment of amounts found to be due a person

on the authorized remission or mitigation of a forfeiture;

and

(D) reimbursement of other agencies as provided in paragraph (2).

(2) PAYMENT AND REIMBURSEMENT OF CERTAIN COSTS.—The

agency that receives property under this section shall pay the

cost of hauling, transporting, towing, and storing the property.

If the property is later delivered to another agency for official

use under this section, the agency to which the property is

delivered shall make reimbursement for all of those costs

incurred prior to the date the property is delivered.

(g) REPORT.—With the approval of the Secretary of the Treasury,

the Administrator may require an agency to make a report of

all property abandoned to it or seized and the disposal of the

property.

(h) ADMINISTRATIVE.—

(1) REGULATIONS.—With the approval of the Secretary, the

Administrator may prescribe regulations necessary to carry

out this section.

(2) OTHER LAWS NOT REPEALED.—This section does not repeal

any other laws relating to the disposition of forfeited or abandoned property, except provisions of those laws directly in conflict with this section which were enacted prior to August

27, 1935.

(3) PROPERTY NOT SUBJECT TO ALLOCATION UNDER THIS SECTION.—The following classes of property are not subject to

allocation under this section, but shall be disposed of in the

manner otherwise provided by law:

(A) narcotic drugs, as defined in the Controlled Substances Act (21 U.S.C. 801 et seq.).

(B) firearms, as defined in section 5845 of the Internal

Revenue Code of 1986 (26 U.S.C. 5845).

(C) other classes or kinds of property the disposal of

which the Administrator, with the approval of the Secretary, may consider in the public interest, and may by

regulation provide.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1137

§ 1307. Disposition of securities

The President, or an officer, agent, or agency the President may

designate, may dispose of any securities acquired on behalf of

the Federal Government under the provisions of the Transportation

Act of 1920 (ch. 91, 41 Stat. 456), including any securities acquired

as an incident to a case under title 11, under a receivership or

reorganization proceeding, by assignment, transfer, substitution,

or issuance, or by acquisition of collateral given for the payment

of obligations to the Government, or may make arrangements for

the extension of the maturity of the securities, in the manner,

in amounts, at prices, for cash, securities, or other property or

any combination of cash, securities, or other property, and on terms

and conditions the President or designee considers advisable and

in the public interest.

§ 1308. Disposition of unfit horses and mules

Subject to applicable regulations under this subtitle and title

III of the Federal Property and Administrative Services Act of

1949 (41 U.S.C. 251 et seq.), horses and mules belonging to the

Federal Government that have become unfit for service may be

destroyed or put out to pasture, either on pastures belonging to

the Government or those belonging to financially sound and reputable humane organizations whose facilities permit them to care

for the horses and mules during the remainder of their natural

lives, at no cost to the Government.

§ 1309. Preservation, sale, or collection of wrecked, abandoned, or derelict property

The Administrator of General Services may make contracts and

provisions for the preservation, sale, or collection of property, or

the proceeds of property, which may have been wrecked, been

abandoned, or become derelict, if the Administrator considers the

contracts and provisions to be in the interest of the Federal Government and the property is within the jurisdiction of the United

States and should come to the Government. A contract may provide

compensation the Administrator considers just and reasonable to

any person who gives information about the property or actually

preserves, collects, surrenders, or pays over the property. Under

each specific agreement for obtaining, preserving, collecting, or

receiving property or making property available, the costs or claim

chargeable to the Government may not exceed amounts realized

and received by the Government.

§ 1310. Sale of war supplies, land, and buildings

(a) IN GENERAL.—The President, through the head of any executive department and on terms the head of the department considers

expedient, may sell to a person, another department of the Federal

Government, or the government of a foreign country engaged in

war against a country with which the United States is at war—

(1) war supplies, material, and equipment;

(2) by-products of the war supplies, material, and equipment;

and

(3) any building, plant, or factory, including the land on

which the plant or factory may be situated, acquired since

April 6, 1917, for the production of war supplies, materials,

and equipment that, during the emergency existing on July

116 STAT. 1138 PUBLIC LAW 107–217—AUG. 21, 2002

9, 1918, may have been purchased, acquired, or manufactured

by the Government.

(b) LIMITATION ON SALE OF GUNS AND AMMUNITION.—Sales of

guns and ammunition authorized under any law shall be limited

to— (1) other departments of the Government;

(2) governments of foreign countries engaged in war against

a country with which the United States is at war; and

(3) members of the National Rifle Association and of other

recognized associations organized in the United States for the

encouragement of small-arms target practice.

§ 1311. Authority of President to obtain release

For the use or benefit of the Federal Government, the President

may obtain from an individual or officer to whom land has been

or will be conveyed a release of the individual’s or officer’s interest

to the Government.

§ 1312. Release of real estate in certain cases

(a) IN GENERAL.—Real estate that has become the property of

the Federal Government in payment of a debt which afterward

is fully paid in money and received by the Government may be

conveyed by the Administrator of General Services to the debtor

from whom it was taken or to the heirs or devisees of the debtor

or the person that they may appoint.

(b) NONAPPLICATION.—This section does not apply to real estate

the Government acquires in payment of any debt arising under

the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

§ 1313. Releasing property from attachment

(a) STIPULATION OF DISCHARGE.—

(1) PERSON ASSERTING CLAIM ENTITLED TO BENEFITS.—In a

judicial proceeding under the laws of a State, district, territory,

or possession of the United States, when property owned or

held by the Federal Government, or in which the Government

has or claims an interest, is seized, arrested, attached, or

held for the security or satisfaction of a claim made against

the property, the Attorney General may direct the United States

Attorney for the district in which the property is located to

enter a stipulation that on discharge of the property from

the seizure, arrest, attachment, or proceeding, the person

asserting the claim against the property becomes entitled to

all the benefits of this section.

(2) NONAPPLICATION.—This subsection does not—

(A) recognize or concede any right to enforce by seizure,

arrest, attachment, or any judicial process a claim against

property—

(i) of the Government; or

(ii) held, owned, or employed by the Government,

or by a department of the Government, for a public

use; or

(B) waive an objection to a proceeding brought to enforce

the claim.

(b) PAYMENT.—After a discharge, a final judgment which affirms

the claim for the security or satisfaction and the right of the

person asserting the claim to enforce it against the property, notwithstanding the claims of the Government, is deemed to be a

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1139

full and final determination of the rights of the person and entitles

the person, as against the Government, to the rights the person

would have had if possession of the property had not been changed.

When the claim is for the payment of money found to be due,

presentation of an authenticated copy of the record of the judgment

and proceedings is sufficient evidence to the proper accounting

officers for the allowance of the claim, which shall be allowed

and paid out of amounts in the Treasury not otherwise appropriated.

The amount allowed and paid shall not exceed the value of the

interest of the Government in the property.

§ 1314. Easements

(a) DEFINITIONS.—In this section— (1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ means

an executive department or independent establishment in the

executive branch of the Federal Government, including a wholly

owned Government corporation.

(2) REAL PROPERTY OF THE GOVERNMENT.—The term ‘‘real

property of the Government’’ excludes—

(A) public land (including minerals, vegetative, and other

resources) in the United States, including—

(i) land reserved or dedicated for national forest purposes;

(ii) land the Secretary of the Interior administers

or supervises in accordance with the Act of August

25, 1916 (16 U.S.C. 1, 2, 3, 4) (known as the National

Park Service Organic Act);

(iii) Indian-owned trust and restricted land; and

(iv) land the Government acquires primarily for fish

and wildlife conservation purposes and the Secretary

administers;

(B) land withdrawn from the public domain primarily

under the jurisdiction of the Secretary; and

(C) land acquired for national forest purposes.

(3) STATE.—The term ‘‘State’’ means a State of the United

States, the District of Columbia, Puerto Rico, and the territories

and possessions of the United States.

(b) GRANT OF EASEMENT.—When a State, a political subdivision

or agency of a State, or a person applies for the grant of an

easement in, over, or on real property of the Government, the

executive agency having control of the real property may grant

to the applicant, on behalf of the Government, an easement that

the head of the agency decides will not be adverse to the interests

of the Government, subject to reservations, exceptions, limitations,

benefits, burdens, terms, or conditions that the head of the agency

considers necessary to protect the interests of the Government.

The grant may be made without consideration, or with monetary

or other consideration, including an interest in real property.

(c) RELINQUISHMENT OF LEGISLATIVE JURISDICTION.—In connection with the grant of an easement, the executive agency concerned

may relinquish to the State in which the real property is located

legislative jurisdiction that the executive agency considers necessary

or desirable. Relinquishment of legislative jurisdiction may be

accomplished by filing with the chief executive officer of the State

a notice of relinquishment to take effect upon acceptance or by

proceeding in the manner that the laws applicable to the State

may provide.

116 STAT. 1140 PUBLIC LAW 107–217—AUG. 21, 2002

(d) TERMINATION OF EASEMENT.— (1) WHEN TERMINATION OCCURS.—The instrument granting

the easement may provide for termination of any part of the

easement if there has been—

(A) a failure to comply with a term or condition of the

grant;

(B) a nonuse of the easement for a consecutive 2-year

period for the purpose for which granted; or

(C) an abandonment of the easement.

(2) NOTICE REQUIRED.—If a termination provision is included,

it shall require that written notice of the termination be given

to the grantee, or its successors or assigns.

(3) EFFECTIVE DATE.—The termination is effective as of the

date of the notice.

(e) ADDITIONAL EASEMENT AUTHORITY.—The authority conferred

by this section is in addition to, and shall not affect or be subject

to, any other law under which an executive agency may grant

easements.

(f) LIMITATION ON ISSUANCE OF RIGHTS OF WAY.—Rights of way

over, under, and through public lands and lands in the National

Forest System may not be granted under this section.

§ 1315. Special police

(a) APPOINTMENT.—The Administrator of General Services, or

an official of the General Services Administration authorized by

the Administrator, may appoint uniformed guards of the Administration as special police without additional compensation for duty

in connection with the policing of all buildings and areas owned

or occupied by the Federal Government and under the charge

and control of the Administrator.

(b) POWERS.—Special police appointed under this section have

the same powers as sheriffs and constables on property referred

to in subsection (a) to enforce laws enacted for the protection

of individuals and property, prevent breaches of the peace, suppress

affrays or unlawful assemblies, and enforce regulations prescribed

by the Administrator or an official of the Administration authorized

by the Administrator for property under their jurisdiction. However,

the jurisdiction and policing powers of special police do not extend

to the service of civil process.

(c) DETAIL.—On the application of the head of a department

or agency of the Government having property of the Government

under its administration and control, the Administrator or an official of the Administration authorized by the Administrator may

detail special police for the protection of the property and, if the

Administrator considers it desirable, may extend to the property

the applicability of regulations and enforce them as provided in

this section.

(d) USE OF OTHER LAW ENFORCEMENT AGENCIES.—When it is

considered economical and in the public interest, the Administrator

or an official of the Administration authorized by the Administrator

may utilize the facilities and services of existing federal law enforcement agencies, and, with the consent of a state or local agency,

the facilities and services of state or local law enforcement agencies.

(e) NONUNIFORMED SPECIAL POLICE.—The Administrator, or an

official of the Administration authorized by the Administrator, may

empower officials or employees of the Administration authorized

to perform investigative functions to act as nonuniformed special

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1141

police to protect property under the charge and control of the

Administration and to carry firearms, whether on federal property

or in travel status. When on real property under the charge and

control of the Administration, officials or employees empowered

to act as nonuniformed special police have the power to enforce

federal laws for the protection of individuals and property and

to enforce regulations for that purpose that the Administrator or

an official of the Administration authorized by the Administrator

prescribes and publishes. The special police may make arrests without warrant for any offense committed on the property if the police

have reasonable grounds to believe the offense constitutes a felony

under the laws of the United States and that the individual to

be arrested is guilty of that offense.

(f) ADMINISTRATIVE.—The Administrator or an official of the

Administration authorized by the Administrator may prescribe

regulations necessary for the government of the property under

their charge and control, and may annex to the regulations reasonable penalties, within the limits prescribed in subsection (g), that

will ensure their enforcement. The regulations shall be posted and

kept posted in a conspicuous place on the property.

(g) PENALTIES.—

(1) IN GENERAL.—Except as provided in paragraph (2), a

person violating a regulation prescribed under subsection (f)

shall be fined under title 18, imprisoned for not more than

30 days, or both.

(2) EXCEPTION FOR MILITARY TRAFFIC REGULATION.—

(A) DEFINITION.—For purposes of this paragraph, the

term ‘‘military traffic regulation’’ means a regulation for

the control of vehicular or pedestrian traffic on military

installations that the Secretary of Defense prescribes under

subsection (f).

(B) IN GENERAL.—A person violating a military traffic

regulation shall be fined an amount not exceeding the

amount of the maximum fine for a similar offense under

the criminal or civil law of the State, district, territory,

or possession of the United States where the military

installation in which the violation occurred is located,

imprisoned for not more than 30 days, or both.

SUBTITLE II—PUBLIC BUILDINGS AND WORKS

PART A—GENERAL

CHAPTER Sec.

31. GENERAL ................................................................................................... 3101

33. ACQUISITION, CONSTRUCTION, AND ALTERATION ...................... 3301

35. NON-FEDERAL PUBLIC WORKS ........................................................... 3501

37. CONTRACT WORK HOURS AND SAFETY STANDARDS ................... 3701

PART B—UNITED STATES CAPITOL

51. UNITED STATES CAPITOL BUILDINGS AND GROUNDS ................ 5101

PART C—FEDERAL BUILDING COMPLEXES

61. UNITED STATES SUPREME COURT BUILDING AND GROUNDS 6101

63. SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART,

AND JOHN F. KENNEDY CENTER FOR THE PERFORMING

ARTS.

6301

116 STAT. 1142 PUBLIC LAW 107–217—AUG. 21, 2002

65. THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING ........... 6581

67. PENNSYLVANIA AVENUE DEVELOPMENT ....................................... 6701

69. UNION STATION REDEVELOPMENT .................................................. 6901

PART D—PUBLIC BUILDINGS, GROUNDS, AND PARKS IN

THE DISTRICT OF COLUMBIA

81. ADMINISTRATIVE .................................................................................... 8101

83. WASHINGTON METROPOLITAN REGION DEVELOPMENT ............ 8301

85. NATIONAL CAPITAL SERVICE AREA AND DIRECTOR .................... 8501

87. PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION ...... 8701

89. NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE

WORKS.

8901

91. COMMISSION OF FINE ARTS ................................................................ 9101

93. THEODORE ROOSEVELT ISLAND ........................................................ 9301

95. WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE

DISTRICT OF COLUMBIA.

9501

PART A—GENERAL

CHAPTER 31—GENERAL

SUBCHAPTER I—OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

Sec.

3101. Public buildings under control of Administrator of General Services.

3102. Naming or designating buildings.

3103. Admission of guide dogs or other service animals accompanying individuals

with disabilities.

3104. Furniture for new buildings.

3105. Buildings not to be draped in mourning.

SUBCHAPTER II—ACQUIRING LAND

3111. Approval of sufficiency of title prior to acquisition.

3112. Federal jurisdiction.

3113. Acquisition by condemnation.

3114. Declaration of taking.

3115. Irrevocable commitment of Federal Government to pay ultimate award when

fixed.

3116. Interest as part of just compensation.

3117. Exclusion of certain property by stipulation of Attorney General.

3118. Right of taking as addition to existing rights.

SUBCHAPTER III—BONDS

3131. Bonds of contractors of public buildings or works.

3132. Alternatives to payment bonds provided by Federal Acquisition Regulation.

3133. Rights of persons furnishing labor or material.

3134. Waivers for certain contracts.

SUBCHAPTER IV—WAGE RATE REQUIREMENTS

3141. Definitions.

3142. Rate of wages for laborers and mechanics.

3143. Termination of work on failure to pay agreed wages.

3144. Authority of Comptroller General to pay wages and list contractors violating

contracts.

3145. Regulations governing contractors and subcontractors.

3146. Effect on other federal laws.

3147. Suspension of this subchapter during a national emergency.

3148. Application of this subchapter to certain contracts.

SUBCHAPTER V—VOLUNTEER SERVICES

3161. Purpose.

3162. Waiver for individuals who perform volunteer services.

SUBCHAPTER VI—MISCELLANEOUS

3171. Contract authority when appropriation is for less than full amount.

3172. Extension of state workers’ compensation laws to buildings, works, and property of the Federal Government.

3173. Working capital fund for blueprinting, photostating, and duplicating services

in General Services Administration.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1143

3174. Operation of public utility communications services serving governmental activities.

3175. Acceptance of gifts of property.

3176. Administrator of General Services to furnish services in continental United

States to international bodies.

SUBCHAPTER I—OVERSIGHT AND REGULATION OF PUBLIC

BUILDINGS

§ 3101. Public buildings under control of Administrator of

General Services

All public buildings outside of the District of Columbia and outside of military reservations purchased or erected out of any appropriation under the control of the Administrator of General Services,

and the sites of the public buildings, are under the exclusive jurisdiction and control, and in the custody of, the Administrator. The

Administrator may take possession of the buildings and assign

and reassign rooms in the buildings to federal officials, clerks,

and employees that the Administrator believes should be furnished

with offices or rooms in the buildings.

§ 3102. Naming or designating buildings

The Administrator of General Services may name or otherwise

designate any building under the custody and control of the General

Services Administration, regardless of whether it was previously

named by statute.

§ 3103. Admission of guide dogs or other service animals

accompanying individuals with disabilities

(a) IN GENERAL.—Guide dogs or other service animals accompanying individuals with disabilities and especially trained and

educated for that purpose shall be admitted to any building or

other property owned or controlled by the Federal Government

on the same terms and conditions, and subject to the same regulations, as generally govern the admission of the public to the property. The animals are not permitted to run free or roam in a

building or on the property and must be in guiding harness or

on leash and under the control of the individual at all times while

in a building or on the property.

(b) REGULATIONS.—The head of each department or other agency

of the Government may prescribe regulations the individual considers necessary in the public interest to carry out this section

as it applies to any building or other property subject to the individual’s jurisdiction.

§ 3104. Furniture for new buildings

Furniture for all new public buildings shall be acquired in accordance with plans and specifications approved by the Administrator

of General Services.

§ 3105. Buildings not to be draped in mourning

No building owned, or used for public purposes, by the Federal

Government shall be draped in mourning nor may public money

be used for that purpose.

116 STAT. 1144 PUBLIC LAW 107–217—AUG. 21, 2002

SUBCHAPTER II—ACQUIRING LAND

§ 3111. Approval of sufficiency of title prior to acquisition

(a) APPROVAL OF ATTORNEY GENERAL REQUIRED.—Public money

may not be expended to purchase land or any interest in land

unless the Attorney General gives prior written approval of the

sufficiency of the title to the land for the purpose for which the

Federal Government is acquiring the property.

(b) DELEGATION.— (1) IN GENERAL.—The Attorney General may delegate the

responsibility under this section to other departments and agencies of the Government, subject to general supervision by the

Attorney General and in accordance with regulations the

Attorney General prescribes.

(2) REQUEST FOR OPINION OF ATTORNEY GENERAL.—A department or agency of the Government that has been delegated

the responsibility to approve land titles under this section

may request the Attorney General to render an opinion as

to the validity of the title to any real property or interest

in the property, or may request the advice or assistance of

the Attorney General in connection with determinations as

to the sufficiency of titles.

(c) PAYMENT OF EXPENSES FOR PROCURING CERTIFICATES OF

TITLE.—Except where otherwise authorized by law or provided by

contract, the expenses of procuring certificates of titles or other

evidences of title as the Attorney General may require may be

paid out of the appropriations for the acquisition of land or out

of the appropriations made for the contingencies of the acquiring

department or agency of the Government.

(d) NONAPPLICATION.—This section does not affect any provision

of law in effect on September 1, 1970, that is applicable to the

acquisition of land or interests in land by the Tennessee Valley

Authority.

§ 3112. Federal jurisdiction

(a) EXCLUSIVE JURISDICTION NOT REQUIRED.—It is not required

that the Federal Government obtain exclusive jurisdiction in the

United States over land or an interest in land it acquires.

(b) ACQUISITION AND ACCEPTANCE OF JURISDICTION.—When the

head of a department, agency, or independent establishment of

the Government, or other authorized officer of the department,

agency, or independent establishment, considers it desirable, that

individual may accept or secure, from the State in which land

or an interest in land that is under the immediate jurisdiction,

custody, or control of the individual is situated, consent to, or

cession of, any jurisdiction over the land or interest not previously

obtained. The individual shall indicate acceptance of jurisdiction

on behalf of the Government by filing a notice of acceptance with

the Governor of the State or in another manner prescribed by

the laws of the State where the land is situated.

(c) PRESUMPTION.—It is conclusively presumed that jurisdiction

has not been accepted until the Government accepts jurisdiction

over land as provided in this section.

§ 3113. Acquisition by condemnation

An officer of the Federal Government authorized to acquire real

estate for the erection of a public building or for other public

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1145

uses may acquire the real estate for the Government by condemnation, under judicial process, when the officer believes that it is

necessary or advantageous to the Government to do so. The

Attorney General, on application of the officer, shall have condemnation proceedings begun within 30 days from receipt of the application at the Department of Justice.

§ 3114. Declaration of taking

(a) FILING AND CONTENT.—In any proceeding in any court of

the United States outside of the District of Columbia brought by

and in the name of the United States and under the authority

of the Federal Government to acquire land, or an easement or

right of way in land, for the public use, the petitioner may file,

with the petition or at any time before judgment, a declaration

of taking signed by the authority empowered by law to acquire

the land described in the petition, declaring that the land is taken

for the use of the Government. The declaration of taking shall

contain or have annexed to it— (1) a statement of the authority under which, and the public

use for which, the land is taken;

(2) a description of the land taken that is sufficient to identify

the land;

(3) a statement of the estate or interest in the land taken

for public use;

(4) a plan showing the land taken; and

(5) a statement of the amount of money estimated by the

acquiring authority to be just compensation for the land taken.

(b) VESTING OF TITLE.—On filing the declaration of taking and

depositing in the court, to the use of the persons entitled to the

compensation, the amount of the estimated compensation stated

in the declaration—

(1) title to the estate or interest specified in the declaration

vests in the Government;

(2) the land is condemned and taken for the use of the

Government; and

(3) the right to just compensation for the land vests in the

persons entitled to the compensation.

(c) COMPENSATION.—

(1) DETERMINATION AND AWARD.—Compensation shall be

determined and awarded in the proceeding and established

by judgment. The judgment shall include interest, in accordance

with section 3116 of this title, on the amount finally awarded

as the value of the property as of the date of taking and

shall be awarded from that date to the date of payment. Interest

shall not be allowed on as much of the compensation as has

been paid into the court. Amounts paid into the court shall

not be charged with commissions or poundage.

(2) ORDER TO PAY.—On application of the parties in interest,

the court may order that any part of the money deposited

in the court be paid immediately for or on account of the

compensation to be awarded in the proceeding.

(3) DEFICIENCY JUDGMENT.—If the compensation finally

awarded is more than the amount of money received by any

person entitled to compensation, the court shall enter judgment

against the Government for the amount of the deficiency.

(d) AUTHORITY OF COURT.—On the filing of a declaration of taking,

the court—

116 STAT. 1146 PUBLIC LAW 107–217—AUG. 21, 2002

(1) may fix the time within which, and the terms on which,

the parties in possession shall be required to surrender possession to the petitioner; and

(2) may make just and equitable orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other

charges.

(e) VESTING NOT PREVENTED OR DELAYED.—An appeal or a bond

or undertaking given in a proceeding does not prevent or delay

the vesting of title to land in the Government.

§ 3115. Irrevocable commitment of Federal Government to

pay ultimate award when fixed

(a) REQUIREMENT FOR IRREVOCABLE COMMITMENT.—Action under

section 3114 of this title irrevocably committing the Federal Government to the payment of the ultimate award shall not be taken

unless the head of the executive department or agency or bureau

of the Government empowered to acquire the land believes that

the ultimate award probably will be within any limits Congress

prescribes on the price to be paid.

(b) AUTHORIZED PURPOSES OF EXPENDITURES AFTER IRREVOCABLE

COMMITMENT MADE.—When the Government has taken or may

take title to real property during a condemnation proceeding and

in advance of final judgment in the proceeding and has become

irrevocably committed to pay the amount ultimately to be awarded

as compensation, and the Attorney General believes that title to

the property has been vested in the Government or that all persons

having an interest in the property have been made parties to

the proceeding and will be bound by the final judgment, the Government may expend amounts appropriated for that purpose to

demolish existing structures on the property and to erect public

buildings or public works on the property.

§ 3116. Interest as part of just compensation

(a) CALCULATION.—The district court shall calculate interest

required to be paid under this subchapter as follows:

(1) PERIOD OF NOT MORE THAN ONE YEAR.—Where the period

for which interest is owed is not more than one year, interest

shall be calculated from the date of taking at an annual rate

equal to the weekly average one-year constant maturity

Treasury yield, as published by the Board of Governors of

the Federal Reserve System, for the calendar week preceding

the date of taking.

(2) PERIOD OF MORE THAN ONE YEAR.—Where the period

for which interest is owed is more than one year, interest

for the first year shall be calculated in accordance with paragraph (1) and interest for each additional year shall be calculated on the amount by which the award of compensation

is more than the deposit referred to in section 3114 of this

title, plus accrued interest, at an annual rate equal to the

weekly average one-year constant maturity Treasury yield, as

published by the Board of Governors of the Federal Reserve

System, for the calendar week preceding the beginning of each

additional year.

(b) DISTRIBUTION OF NOTICE OF RATES.—The Director of the

Administrative Office of the United States Courts shall distribute

to all federal courts notice of the rates described in paragraphs

(1) and (2) of subsection (a).

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1147

§ 3117. Exclusion of certain property by stipulation of

Attorney General

In any condemnation proceeding brought by or on behalf of the

Federal Government, the Attorney General may stipulate or agree

on behalf of the Government to exclude any part of the property,

or any interest in the property, taken by or on behalf of the

Government by a declaration of taking or otherwise.

§ 3118. Right of taking as addition to existing rights

The right to take possession and title in advance of final judgment

in condemnation proceedings as provided by section 3114 of this

title is in addition to any right, power, or authority conferred

by the laws of the United States or of a State, territory, or possession of the United States under which the proceeding may be

conducted, and does not abrogate, limit, or modify that right, power,

or authority.

SUBCHAPTER III—BONDS

§ 3131. Bonds of contractors of public buildings or works

(a) DEFINITION.—In this subchapter, the term ‘‘contractor’’ means

a person awarded a contract described in subsection (b).

(b) TYPE OF BONDS REQUIRED.—Before any contract of more than $100,000 is awarded for the construction, alteration, or repair of

any public building or public work of the Federal Government,

a person must furnish to the Government the following bonds,

which become binding when the contract is awarded:

(1) PERFORMANCE BOND.—A performance bond with a surety

satisfactory to the officer awarding the contract, and in an

amount the officer considers adequate, for the protection of

the Government.

(2) PAYMENT BOND.—A payment bond with a surety satisfactory to the officer for the protection of all persons supplying

labor and material in carrying out the work provided for in

the contract for the use of each person. The amount of the

payment bond shall equal the total amount payable by the

terms of the contract unless the officer awarding the contract

determines, in a writing supported by specific findings, that

a payment bond in that amount is impractical, in which case

the contracting officer shall set the amount of the payment

bond. The amount of the payment bond shall not be less than

the amount of the performance bond.

(c) COVERAGE FOR TAXES IN PERFORMANCE BOND.—

(1) IN GENERAL.—Every performance bond required under

this section specifically shall provide coverage for taxes the

Government imposes which are collected, deducted, or withheld

from wages the contractor pays in carrying out the contract

with respect to which the bond is furnished.

(2) NOTICE.—The Government shall give the surety on the

bond written notice, with respect to any unpaid taxes attributable to any period, within 90 days after the date when

the contractor files a return for the period, except that notice

must be given no later than 180 days from the date when

a return for the period was required to be filed under the

Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(3) CIVIL ACTION.—The Government may not bring a civil

action on the bond for the taxes—

116 STAT. 1148 PUBLIC LAW 107–217—AUG. 21, 2002

(A) unless notice is given as provided in this subsection;

and

(B) more than one year after the day on which notice

is given.

(d) WAIVER OF BONDS FOR CONTRACTS PERFORMED IN FOREIGN

COUNTRIES.—A contracting officer may waive the requirement of

a performance bond and payment bond for work under a contract

that is to be performed in a foreign country if the officer finds

that it is impracticable for the contractor to furnish the bonds.

(e) AUTHORITY TO REQUIRE ADDITIONAL BONDS.—This section does

not limit the authority of a contracting officer to require a performance bond or other security in addition to those, or in cases other

than the cases, specified in subsection (b).

§ 3132. Alternatives to payment bonds provided by Federal

Acquisition Regulation

(a) IN GENERAL.—The Federal Acquisition Regulation shall provide alternatives to payment bonds as payment protections for

suppliers of labor and materials under contracts referred to in

section 3131(a) of this title that are more than $25,000 and not

more than $100,000.

(b) RESPONSIBILITIES OF CONTRACTING OFFICER.—The contracting

officer for a contract shall—

(1) select, from among the payment protections provided for

in the Federal Acquisition Regulation pursuant to subsection

(a), one or more payment protections which the offeror awarded

the contract is to submit to the Federal Government for the

protection of suppliers of labor and materials for the contract;

and

(2) specify in the solicitation of offers for the contract the

payment protections selected.

§ 3133. Rights of persons furnishing labor or material

(a) RIGHT OF PERSON FURNISHING LABOR OR MATERIAL TO COPY

OF BOND.—The department secretary or agency head of the contracting agency shall furnish a certified copy of a payment bond

and the contract for which it was given to any person applying

for a copy who submits an affidavit that the person has supplied

labor or material for work described in the contract and payment

for the work has not been made or that the person is being sued

on the bond. The copy is prima facie evidence of the contents,

execution, and delivery of the original. Applicants shall pay any

fees the department secretary or agency head of the contracting

agency fixes to cover the cost of preparing the certified copy.

(b) RIGHT TO BRING A CIVIL ACTION.—

(1) IN GENERAL.—Every person that has furnished labor or

material in carrying out work provided for in a contract for

which a payment bond is furnished under section 3131 of

this title and that has not been paid in full within 90 days

after the day on which the person did or performed the last

of the labor or furnished or supplied the material for which

the claim is made may bring a civil action on the payment

bond for the amount unpaid at the time the civil action is

brought and may prosecute the action to final execution and

judgment for the amount due.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1149

(2) PERSON HAVING DIRECT CONTRACTUAL RELATIONSHIP WITH

A SUBCONTRACTOR.—A person having a direct contractual relationship with a subcontractor but no contractual relationship,

express or implied, with the contractor furnishing the payment

bond may bring a civil action on the payment bond on giving

written notice to the contractor within 90 days from the date

on which the person did or performed the last of the labor

or furnished or supplied the last of the material for which

the claim is made. The action must state with substantial

accuracy the amount claimed and the name of the party to

whom the material was furnished or supplied or for whom

the labor was done or performed. The notice shall be served—

(A) by any means that provides written, third-party

verification of delivery to the contractor at any place the

contractor maintains an office or conducts business or at

the contractor’s residence; or

(B) in any manner in which the United States marshal

of the district in which the public improvement is situated

by law may serve summons.

(3) VENUE.—A civil action brought under this subsection must

be brought—

(A) in the name of the United States for the use of

the person bringing the action; and

(B) in the United States District Court for any district

in which the contract was to be performed and executed,

regardless of the amount in controversy.

(4) PERIOD IN WHICH ACTION MUST BE BROUGHT.—An action

brought under this subsection must be brought no later than

one year after the day on which the last of the labor was

performed or material was supplied by the person bringing

the action.

(5) LIABILITY OF FEDERAL GOVERNMENT.—The Government

is not liable for the payment of any costs or expenses of any

civil action brought under this subsection.

(c) A waiver of the right to bring a civil action on a payment

bond required under this subchapter is void unless the waiver

is—

(1) in writing;

(2) signed by the person whose right is waived; and

(3) executed after the person whose right is waived has

furnished labor or material for use in the performance of the

contract.

§ 3134. Waivers for certain contracts

(a) MILITARY.—The Secretary of the Army, the Secretary of the

Navy, the Secretary of the Air Force, or the Secretary of Transportation may waive this subchapter with respect to cost-plus-a-fixed

fee and other cost-type contracts for the construction, alteration,

or repair of any public building or public work of the Federal

Government and with respect to contracts for manufacturing, producing, furnishing, constructing, altering, repairing, processing, or

assembling vessels, aircraft, munitions, materiel, or supplies for

the Army, Navy, Air Force, or Coast Guard, respectively, regardless

of the terms of the contracts as to payment or title.

(b) TRANSPORTATION.—The Secretary of Transportation may

waive this subchapter with respect to contracts for the construction,

alteration, or repair of vessels when the contract is made under

116 STAT. 1150 PUBLIC LAW 107–217—AUG. 21, 2002

sections 1535 and 1536 of title 31, the Merchant Marine Act,

1936 (46 App. U.S.C. 1101 et seq.), or the Merchant Ship Sales

Act of 1946 (50 App. U.S.C. 1735 et seq.), regardless of the terms

of the contracts as to payment or title.

SUBCHAPTER IV—WAGE RATE REQUIREMENTS

§ 3141. Definitions

In this subchapter, the following definitions apply:

(1) FEDERAL GOVERNMENT.—The term ‘‘Federal Government’’

has the same meaning that the term ‘‘United States’’ had

in the Act of March 3, 1931 (ch. 411, 46 Stat. 1494 (known

as the Davis-Bacon Act).

(2) WAGES, SCALE OF WAGES, WAGE RATES, MINIMUM WAGES,

AND PREVAILING WAGES.—The terms ‘‘wages’’, ‘‘scale of wages’’,

‘‘wage rates’’, ‘‘minimum wages’’, and ‘‘prevailing wages’’

include—

(A) the basic hourly rate of pay; and

(B) for medical or hospital care, pensions on retirement

or death, compensation for injuries or illness resulting from

occupational activity, or insurance to provide any of the

forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for

vacation and holiday pay, for defraying the costs of

apprenticeship or other similar programs, or for other bona

fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local

law to provide any of those benefits, the amount of—

(i) the rate of contribution irrevocably made by a

contractor or subcontractor to a trustee or to a third

person under a fund, plan, or program; and

(ii) the rate of costs to the contractor or subcontractor

that may be reasonably anticipated in providing benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially responsible

plan or program which was communicated in writing

to the laborers and mechanics affected.

§ 3142. Rate of wages for laborers and mechanics

(a) APPLICATION.—The advertised specifications for every contract

in excess of $2,000, to which the Federal Government or the District

of Columbia is a party, for construction, alteration, or repair,

including painting and decorating, of public buildings and public

works of the Government or the District of Columbia that are

located in a State or the District of Columbia and which requires

or involves the employment of mechanics or laborers shall contain

a provision stating the minimum wages to be paid various classes

of laborers and mechanics.

(b) BASED ON PREVAILING WAGE.—The minimum wages shall

be based on the wages the Secretary of Labor determines to be

prevailing for the corresponding classes of laborers and mechanics

employed on projects of a character similar to the contract work

in the civil subdivision of the State in which the work is to be

performed, or in the District of Columbia if the work is to be

performed there.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1151

(c) STIPULATIONS REQUIRED IN CONTRACT.—Every contract based

upon the specifications referred to in subsection (a) must contain

stipulations that— (1) the contractor or subcontractor shall pay all mechanics

and laborers employed directly on the site of the work, unconditionally and at least once a week, and without subsequent

deduction or rebate on any account, the full amounts accrued

at time of payment, computed at wage rates not less than

those stated in the advertised specifications, regardless of any

contractual relationship which may be alleged to exist between

the contractor or subcontractor and the laborers and mechanics;

(2) the contractor will post the scale of wages to be paid

in a prominent and easily accessible place at the site of the

work; and

(3) there may be withheld from the contractor so much of

accrued payments as the contracting officer considers necessary

to pay to laborers and mechanics employed by the contractor

or any subcontractor on the work the difference between the

rates of wages required by the contract to be paid laborers

and mechanics on the work and the rates of wages received

by the laborers and mechanics and not refunded to the contractor or subcontractors or their agents.

(d) DISCHARGE OF OBLIGATION.—The obligation of a contractor

or subcontractor to make payment in accordance with the prevailing

wage determinations of the Secretary of Labor, under this subchapter and other laws incorporating this subchapter by reference,

may be discharged by making payments in cash, by making contributions described in section 3141(2)(B)(i) of this title, by assuming

an enforceable commitment to bear the costs of a plan or program

referred to in section 3141(2)(B)(ii) of this title, or by any combination of payment, contribution, and assumption, where the aggregate

of the payments, contributions, and costs is not less than the

basic hourly rate of pay plus the amount referred to in section

3141(2)(B).

(e) OVERTIME PAY.—In determining the overtime pay to which

a laborer or mechanic is entitled under any federal law, the regular

or basic hourly rate of pay (or other alternative rate on which

premium rate of overtime compensation is computed) of the laborer

or mechanic is deemed to be the rate computed under section

3141(2)(A) of this title, except that where the amount of payments,

contributions, or costs incurred with respect to the laborer or

mechanic exceeds the applicable prevailing wage, the regular or

basic hourly rate of pay (or other alternative rate) is the amount

of payments, contributions, or costs actually incurred with respect

to the laborer or mechanic minus the greater of the amount of

contributions or costs of the types described in section 3141(2)(B)

of this title actually incurred with respect to the laborer or mechanic

or the amount determined under section 3141(2)(B) but not actually

paid.

§ 3143. Termination of work on failure to pay agreed wages

Every contract within the scope of this subchapter shall contain

a provision that if the contracting officer finds that any laborer

or mechanic employed by the contractor or any subcontractor

directly on the site of the work covered by the contract has been

or is being paid a rate of wages less than the rate of wages

required by the contract to be paid, the Federal Government by

116 STAT. 1152 PUBLIC LAW 107–217—AUG. 21, 2002

written notice to the contractor may terminate the contractor’s

right to proceed with the work or the part of the work as to

which there has been a failure to pay the required wages. The

Government may have the work completed, by contract or otherwise,

and the contractor and the contractor’s sureties shall be liable

to the Government for any excess costs the Government incurs.

§ 3144. Authority of Comptroller General to pay wages and

list contractors violating contracts

(a) PAYMENT OF WAGES.—

(1) IN GENERAL.—The Comptroller General shall pay directly

to laborers and mechanics from any accrued payments withheld

under the terms of a contract any wages found to be due

laborers and mechanics under this subchapter.

(2) RIGHT OF ACTION.—If the accrued payments withheld

under the terms of the contract are insufficient to reimburse

all the laborers and mechanics who have not been paid the

wages required under this subchapter, the laborers and

mechanics have the same right to bring a civil action and

intervene against the contractor and the contractor’s sureties

as is conferred by law on persons furnishing labor or materials.

In those proceedings it is not a defense that the laborers and

mechanics accepted or agreed to accept less than the required

rate of wages or voluntarily made refunds.

(b) LIST OF CONTRACTORS VIOLATING CONTRACTS.—

(1) IN GENERAL.—The Comptroller General shall distribute

to all departments of the Federal Government a list of the

names of persons whom the Comptroller General has found

to have disregarded their obligations to employees and subcontractors.

(2) RESTRICTION ON AWARDING CONTRACTS.—No contract shall

be awarded to persons appearing on the list or to any firm,

corporation, partnership, or association in which the persons

have an interest until three years have elapsed from the date

of publication of the list.

§ 3145. Regulations governing contractors and subcontractors

(a) IN GENERAL.—The Secretary of Labor shall prescribe reasonable regulations for contractors and subcontractors engaged in constructing, carrying out, completing, or repairing public buildings,

public works, or buildings or works that at least partly are financed

by a loan or grant from the Federal Government. The regulations

shall include a provision that each contractor and subcontractor

each week must furnish a statement on the wages paid each

employee during the prior week.

(b) APPLICATION.—Section 1001 of title 18 applies to the statements.

§ 3146. Effect on other federal laws

This subchapter does not supersede or impair any authority otherwise granted by federal law to provide for the establishment of

specific wage rates.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1153

§ 3147. Suspension of this subchapter during a national

emergency

The President may suspend the provisions of this subchapter

during a national emergency.

§ 3148. Application of this subchapter to certain contracts

This subchapter applies to a contract authorized by law that

is made without regard to section 3709 of the Revised Statutes

(41 U.S.C. 5), or on a cost-plus-a-fixed-fee basis or otherwise without

advertising for proposals, if this subchapter otherwise would apply

to the contract.

SUBCHAPTER V—VOLUNTEER SERVICES

§ 3161. Purpose

It is the purpose of this subchapter to promote and provide

opportunities for individuals who wish to volunteer their services

to state or local governments, public agencies, or nonprofit charitable organizations in the construction, repair, or alteration

(including painting and decorating) of public buildings and public

works that at least partly are financed with federal financial assistance authorized under certain federal programs and that otherwise

might not be possible without the use of volunteers.

§ 3162. Waiver for individuals who perform volunteer services

(a) CRITERIA FOR RECEIVING WAIVER.—The requirement that certain laborers and mechanics be paid in accordance with the wagesetting provisions of subchapter IV of this chapter as set forth

in the Indian Self-Determination and Education Assistance Act

(25 U.S.C. 450 et seq.), the Indian Health Care Improvement Act

(25 U.S.C. 1601 et seq.), and the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) does not apply to an

individual— (1) who volunteers to perform a service directly to a state

or local government, a public agency, or a public or private

nonprofit recipient of federal assistance—

(A) for civic, charitable, or humanitarian reasons;

(B) only for the personal purpose or pleasure of the

individual;

(C) without promise, expectation, or receipt of compensation for services rendered, except as provided in subsection

(b); and

(D) freely and without pressure or coercion, direct or

implied, from any employer;

(2) whose contribution of service is not for the direct or

indirect benefit of any contractor otherwise performing or

seeking to perform work on the same project for which the

individual is volunteering;

(3) who is not employed by and does not provide services

to a contractor or subcontractor at any time on the federally

assisted or insured project for which the individual is volunteering; and

(4) who otherwise is not employed by the same public agency

or recipient of federal assistance to perform the same type

of services as those for which the individual proposes to volunteer.

116 STAT. 1154 PUBLIC LAW 107–217—AUG. 21, 2002

(b) PAYMENTS.— (1) IN ACCORDANCE WITH REGULATIONS.—Volunteers described

in subsection (a) who are performing services directly to a

state or local government or public agency may receive payments of expenses, reasonable benefits, or a nominal fee only

in accordance with regulations the Secretary of Labor prescribes. Volunteers who are performing services directly to a

public or private nonprofit entity may not receive those payments.

(2) CRITERIA AND CONTENT OF REGULATIONS.—In prescribing

the regulations, the Secretary shall consider criteria such as

the total amount of payments made (relating to expenses, benefits, or fees) in the context of the economic realities. The regulations shall include provisions that provide that— (A) a payment for an expense may be received by a

volunteer for items such as uniform allowances, protective

gear and clothing, reimbursement for approximate out-ofpocket expenses, or the cost or expense of meals and

transportation;

(B) a reasonable benefit may include the inclusion of

a volunteer in a group insurance plan (such as a liability,

health, life, disability, or worker’s compensation plan) or

pension plan, or the awarding of a length of service award;

and

(C) a nominal fee may not be used as a substitute for

compensation and may not be connected to productivity.

(3) NOMINAL FEE.—The Secretary shall decide what constitutes a nominal fee for purposes of paragraph (2)(C). The

decision shall be based on the context of the economic realities

of the situation involved.

(c) ECONOMIC REALITY.—In determining whether an expense, benefit, or fee described in subsection (b) may be paid to volunteers

in the context of the economic realities of the particular situation,

the Secretary may not permit any expense, benefit, or fee that

has the effect of undermining labor standards by creating downward

pressure on prevailing wages in the local construction industry.

SUBCHAPTER VI—MISCELLANEOUS

§ 3171. Contract authority when appropriation is for less

than full amount

Unless specifically directed otherwise, the Administrator of General Services may make a contract within the full limit of the

cost fixed by Congress for the acquisition of land for sites, or

for the enlargement of sites, for public buildings, or for the erection,

remodeling, extension, alteration, and repairs of public buildings,

even though an appropriation is made for only part of the amount

necessary to carry out legislation authorizing that purpose.

§ 3172. Extension of state workers’ compensation laws to

buildings, works, and property of the Federal

Government

(a) AUTHORIZATION OF EXTENSION.—The state authority charged

with enforcing and requiring compliance with the state workers’

compensation laws and with the orders, decisions, and awards

of the authority may apply the laws to all land and premises

in the State which the Federal Government owns or holds by

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1155

deed or act of cession, and to all projects, buildings, constructions,

improvements, and property in the State and belonging to the

Government, in the same way and to the same extent as if the

premises were under the exclusive jurisdiction of the State in which

the land, premises, projects, buildings, constructions, improvements,

or property are located.

(b) LIMITATION ON RELINQUISHING JURISDICTION.—The Government under this section does not relinquish its jurisdiction for

any other purpose.

(c) NONAPPLICATION.—This section does not modify or amend

subchapter I of chapter 81 of title 5.

§ 3173. Working capital fund for blueprinting, photostating,

and duplicating services in General Services

Administration

(a) ESTABLISHMENT AND PURPOSE.—There is a working capital

fund for the payment of salaries and other expenses necessary

to the operation of a central blue-printing, photostating, and duplicating service.

(b) COMPONENTS.—The fund consists of—

(1) $50,000 without fiscal year limitation; and

(2) reimbursements from available amounts of constituents

of the Administrator of General Services, or of any other federal

agency for which services are performed, at rates to be determined by the Administrator on the basis of estimated or actual

charges for personal services, material, equipment (including

maintenance, repair, and depreciation on existing and new

equipment) and other expenses, to ensure continuous operation.

(c) DEPOSIT OF EXCESS AMOUNTS IN THE TREASURY.—At the close

of each fiscal year any excess amount resulting from operation

of the service, after adequately providing for the replacement of

mechanical and other equipment and for accrued annual leave

of employees engaged in this work by the establishment of reserves

for those purposes, shall be deposited in the Treasury as miscellaneous receipts.

§ 3174. Operation of public utility communications services

serving governmental activities

The Administrator of General Services may provide and operate

public utility communications services serving any governmental

activity when the services are economical and in the interest of

the Federal Government. This section does not apply to communications systems for handling messages of a confidential or secret

nature, the operation of cryptographic equipment or transmission

of secret, security, or coded messages, or buildings operated or

occupied by the United States Postal Service, except on request

of the department or agency concerned.

§ 3175. Acceptance of gifts of property

The Administrator of General Services, and the United States

Postal Service where that office is concerned, may accept on behalf

of the Federal Government unconditional gifts of property in aid

of any project or function within their respective jurisdictions.

116 STAT. 1156 PUBLIC LAW 107–217—AUG. 21, 2002

§ 3176. Administrator of General Services to furnish services

in continental United States to international

bodies

Sections 1535 and 1536 of title 31 are extended so that the

Administrator of General Services, at the request of the Secretary

of State, may furnish services in the continental United States,

on a reimbursable basis, to any international body with which

the Federal Government is affiliated.

CHAPTER 33—ACQUISITION, CONSTRUCTION, AND

ALTERATION

Sec.

3301. Definitions and nonapplication.

3302. Prohibition on construction of buildings except by Administrator of General

Services.

3303. Continuing investigation and survey of public buildings.

3304. Acquisition of buildings and sites.

3305. Construction and alteration of buildings.

3306. Accommodating federal agencies.

3307. Congressional approval of proposed projects.

3308. Architectural or engineering services.

3309. Buildings and sites in the District of Columbia.

3310. Special rules for leased buildings.

3311. State administration of criminal and health and safety laws.

3312. Compliance with nationally recognized codes.

3313. Delegation.

3314. Report to Congress.

3315. Certain authority not affected.

§ 3301. Definitions and nonapplication

(a) DEFINITIONS.—In this chapter—

(1) ALTER.—The term ‘‘alter’’ includes—

(A) preliminary planning, engineering, architectural,

legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications,

procedures, and other similar actions necessary for the

alteration of a public building; and

(B) repairing, remodeling, improving, or extending, or

other changes in, a public building.

(2) CONSTRUCT.—The term ‘‘construct’’ includes preliminary

planning, engineering, architectural, legal, fiscal, and economic

investigations and studies, surveys, designs, plans, working

drawings, specifications, procedures, and other similar actions

necessary for the construction of a public building.

(3) EXECUTIVE AGENCY.–The term ‘‘executive agency’’ means

an executive department or independent establishment in the

executive branch of the Federal Government, including—

(A) any wholly owned Government corporation;

(B) the Central-Bank for Cooperatives and the regional

banks for cooperatives;

(C) federal land banks;

(D) federal intermediate credit banks;

(E) the Federal Deposit Insurance Corporation; and

(F) the Government National Mortgage Association.

(4) FEDERAL AGENCY.—The term ‘‘federal agency’’ means an

executive agency or an establishment in the legislative or

judicial branch of the Government (except the Senate, the

House of Representatives, and the Architect of the Capitol

and any activities under the direction of the Architect).

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1157

(5) PUBLIC BUILDING.—The term ‘‘public building’’—

(A) means a building, whether for single or multitenant

occupancy, and its grounds, approaches, and appurtenances, which is generally suitable for use as office or

storage space or both by one or more federal agencies

or mixed-ownership Government corporations;

(B) includes—

(i) federal office buildings;

(ii) post offices;

(iii) customhouses;

(iv) courthouses;

(v) appraisers stores;

(vi) border inspection facilities;

(vii) warehouses;

(viii) record centers;

(ix) relocation facilities;

(x) telecommuting centers;

(xi) similar federal facilities; and

(xii) any other buildings or construction projects the

inclusion of which the President considers to be justified in the public interest; but

(C) does not include a building or construction project

described in subparagraphs (A) and (B)—

(i) that is on the public domain (including that

reserved for national forests and other purposes);

(ii) that is on property of the Government in foreign

countries;

(iii) that is on Indian and native Eskimo property

held in trust by the Government;

(iv) that is on land used in connection with federal

programs for agricultural, recreational, and conservation purposes, including research in connection with

the programs;

(v) that is on or used in connection with river, harbor,

flood control, reclamation or power projects, for chemical manufacturing or development projects, or for

nuclear production, research, or development projects;

(vi) that is on or used in connection with housing

and residential projects;

(vii) that is on military installations (including any

fort, camp, post, naval training station, airfield,

proving ground, military supply depot, military school,

or any similar facility of the Department of Defense);

(viii) that is on installations of the Department of

Veterans Affairs used for hospital or domiciliary purposes; or

(ix) the exclusion of which the President considers

to be justified in the public interest.

(6) UNITED STATES.—The term ‘‘United States’’ includes the

States of the United States, the District of Columbia, Puerto

Rico, and the territories and possessions of the United States.

(b) NONAPPLICATION.—This chapter does not apply to the

construction of any public building to which section 241(g) of the

Immigration and Nationality Act (8 U.S.C. 1231(g)) or section 1

of the Act of June 26, 1930 (19 U.S.C. 68) applies.

116 STAT. 1158 PUBLIC LAW 107–217—AUG. 21, 2002

§ 3302. Prohibition on construction of buildings except by

Administrator of General Services

Only the Administrator of General Services may construct a

public building. The Administrator shall construct a public building

in accordance with this chapter.

§ 3303. Continuing investigation and survey of public

buildings

(a) CONDUCTED BY ADMINISTRATOR.—The Administrator of General Services shall—

(1) make a continuing investigation and survey of the public

buildings needs of the Federal Government so that the Administrator may carry out the duties of the Administrator under

this chapter; and

(2) submit to Congress prospectuses of proposed projects in

accordance with section 3307(a) and (b) of this title.

(b) COOPERATION WITH FEDERAL AGENCIES.—

(1) DUTIES OF ADMINISTRATOR.—In carrying out the duties

of the Administrator under this chapter, the Administrator—

(A) shall cooperate with all federal agencies in order

to keep informed of their needs;

(B) shall advise each federal agency of the program with

respect to the agency; and

(C) may request the cooperation and assistance of each

federal agency in carrying out duties under this chapter.

(2) DUTY OF FEDERAL AGENCIES.—Each federal agency shall

cooperate with, advise, and assist the Administrator in carrying

out the duties of the Administrator under this chapter as determined necessary by the Administrator to carry out the purposes

of this chapter.

(c) REQUEST FOR IDENTIFICATION OF EXISTING BUILDINGS OF

HISTORICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—When

the Administrator undertakes a survey of the public buildings needs

of the Government within a geographical area, the Administrator

shall request that, within 60 days, the Advisory Council on Historic

Preservation established by title II of the National Historic

Preservation Act (16 U.S.C. 470i et seq.) identify any existing

buildings in the geographical area that—

(1) are of historical, architectural, or cultural significance

(as defined in section 3306(a) of this title); and

(2) whether or not in need of repair, alteration, or addition,

would be suitable for acquisition to meet the public buildings

needs of the Government.

(d) STANDARD FOR CONSTRUCTION AND ACQUISITION OF PUBLIC

BUILDINGS.—In carrying out the duties of the Administrator under

this chapter, the Administrator shall provide for the construction

and acquisition of public buildings equitably throughout the United

States with due regard to the comparative urgency of the need

for each particular building. In developing plans for new buildings,

the Administrator shall give due consideration to excellence of

architecture and design.

§ 3304. Acquisition of buildings and sites

(a) IN GENERAL.—The Administrator of General Services may

acquire, by purchase, condemnation, donation, exchange, or otherwise, any building and its site which the Administrator decides

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1159

is necessary to carry out the duties of the Administrator under

this chapter.

(b) ACQUISITION OF LAND OR INTEREST IN LAND FOR USE AS

SITES.—The Administrator may acquire land or an interest in land

the Administrator considers necessary for use as sites, or additions

to sites, for public buildings authorized to be constructed or altered

under this chapter.

(c) PUBLIC BUILDINGS USED FOR POST OFFICE PURPOSES.—When

any part of a public building is to be used for post office purposes,

the Administrator shall act jointly with the United States Postal

Service in selecting the town or city where the building is to

be constructed, and in selecting the site in the town or city for

the building.

(d) SOLICITATION OF PROPOSALS FOR SALE, DONATION, OR

EXCHANGE OF REAL PROPERTY.—When the Administrator is to

acquire a site under subsection (b), the Administrator, if the

Administrator considers it necessary, by public advertisement may

solicit proposals for the sale, donation, or exchange of real property

to the Federal Government to be used as the site. In selecting

a site under subsection (b) the Administrator (with the concurrence

of the United States Postal Service if any part of the public building

to be constructed on the site is to be used for post office purposes)

may—(1) select the site that the Administrator believes is the

most advantageous to the Government, all factors considered;

and

(2) acquire the site without regard to title III of the Federal

Property and Administrative Services Act of 1949 (41 U.S.C.

251 et seq.).

§ 3305. Construction and alteration of buildings

(a) CONSTRUCTION.—

(1) REPLACEMENT OF EXISTING BUILDINGS.—When the

Administrator of General Services considers it to be in the

best interest of the Federal Government to construct a new

public building to take the place of an existing public building,

the Administrator may demolish the existing building and use

the site on which it is located for the site of the proposed

public building. If the Administrator believes that it is more

advantageous to construct the public building on a different

site in the same city, the Administrator may exchange the

building and site, or the site, for another site, or may sell

the building and site in accordance with subtitle I of this

title and title III of the Federal Property and Administrative

Services Act of 1949 (41 U.S.C. 251 et seq.).

(2) SALE OR EXCHANGE OF SITES.—When the Administrator

decides that a site acquired for the construction of a public

building is not suitable for that purpose, the Administrator

may exchange the site for another site, or may sell it in accordance with subtitle I of this title and title III of the Federal

Property and Administrative Services Act of 1949 (41 U.S.C.

251 et seq.).

(3) COMMITTEE APPROVAL REQUIRED.—This subsection does

not permit the Administrator to use any land as a site for

a public building if the project has not been approved in accordance with section 3307 of this title.

(b) ALTERATION OF BUILDINGS.—

116 STAT. 1160 PUBLIC LAW 107–217—AUG. 21, 2002

(1) AUTHORITY TO ALTER BUILDINGS AND ACQUIRE LAND.— The Administrator may— (A) alter any public building; and

(B) acquire in accordance with section 3304(b)–(d) of

this title land necessary to carry out the alteration.

(2) COMMITTEE APPROVAL NOT REQUIRED.— (A) THRESHOLD AMOUNT.—Approval under section 3307

of this title is not required for any alteration and acquisition authorized by this subsection for which the estimated

maximum cost does not exceed $1,500,000.

(B) DOLLAR AMOUNT ADJUSTMENT.—The Administrator

annually may adjust the dollar amount referred to in

subparagraph (A) to reflect a percentage increase or

decrease in construction costs during the prior calendar

year, as determined by the composite index of construction

costs of the Department of Commerce. Any adjustment

shall be expeditiously reported to the Committee on

Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House

of Representatives.

(c) CONSTRUCTION OR ALTERATION BY CONTRACT.—The Administrator may carry out any construction or alteration authorized

by this chapter by contract if the Administrator considers it to

be most advantageous to the Government.

§ 3306. Accommodating federal agencies

(a) DEFINITIONS.—In this section—

(1) COMMERCIAL ACTIVITIES.—The term ‘‘commercial activities’’ includes the operations of restaurants, food stores, craft

stores, dry goods stores, financial institutions, and display facilities.

(2) CULTURAL ACTIVITIES.—The term ‘‘cultural activities’’

includes film, dramatic, dance, and musical presentations, and

fine art exhibits, whether or not those activities are intended

to make a profit.

(3) EDUCATIONAL ACTIVITIES.—The terms ‘‘educational activities’’ includes the operations of libraries, schools, day care centers, laboratories, and lecture and demonstration facilities.

(4) HISTORICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—The term ‘‘historical, architectural, or cultural significance’’ includes buildings listed or eligible to be listed on the

National Register established under section 101 of the National

Historic Preservation Act (16 U.S.C. 470a).

(5) RECREATIONAL ACTIVITIES.—The term ‘‘recreational activities’’ includes the operations of gymnasiums and related facilities.

(6) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘‘unit

of general local government’’ means a city, county, town, parish,

village, or other general-purpose political subdivision of a State.

(b) DUTIES OF ADMINISTRATOR.—To carry out the duties of the

Administrator of General Services under sections 581(h), 584(b),

3303(c), and 3307(b)(3) and (5) of this title and under any other

authority with respect to constructing, operating, maintaining,

altering, and otherwise managing or acquiring space necessary

to accommodate federal agencies and to accomplish the purposes

of sections 581(h), 584(b), 3303(c), and 3307(b)(3) and (5), the

Administrator shall—

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1161

(1) acquire and utilize space in suitable buildings of historical,

architectural, or cultural significance, unless use of the space

would not prove feasible and prudent compared with available

alternatives;

(2) encourage the location of commercial, cultural, educational, and recreational facilities and activities in public

buildings;

(3) provide and maintain space, facilities, and activities, to

the extent practicable, that encourage public access to, and

stimulate public pedestrian traffic around, into, and through,

public buildings, permitting cooperative improvements to and

uses of the area between the building and the street, so that

the activities complement and supplement commercial, cultural,

educational, and recreational resources in the neighborhood

of public buildings; and

(4) encourage the public use of public buildings for cultural,

educational, and recreational activities.

(c) CONSULTATION AND SOLICITATION OF COMMENTS.—In carrying

out the duties under subsection (b), the Administrator shall—

(1) consult with chief executive officers of the States, areawide

agencies established pursuant to title II of the Demonstration

Cities and Metropolitan Development Act of 1966 (42 U.S.C.

3331 et seq.) and section 6506 of title 31, and chief executive

officers of those units of general local government in each

area served by an existing or proposed public building; and

(2) solicit the comments of other community leaders and

members of the general public as the Administrator considers

appropriate.

§ 3307. Congressional approval of proposed projects

(a) RESOLUTIONS REQUIRED BEFORE APPROPRIATIONS MAY BE

MADE.—The following appropriations may be made only if the Committee on Environment and Public Works of the Senate and the

Committee on Transportation and Infrastructure of the House of

Representatives adopt resolutions approving the purpose for which

the appropriation is made:

(1) An appropriation to construct, alter, or acquire any

building to be used as a public building which involves a

total expenditure in excess of $1,500,000, so that the equitable

distribution of public buildings throughout the United States

with due regard for the comparative urgency of need for the

buildings, except as provided in section 3305(b) of this title,

is ensured.

(2) An appropriation to lease any space at an average annual

rental in excess of $1,500,000 for use for public purposes.

(3) An appropriation to alter any building, or part of the

building, which is under lease by the Federal Government

for use for a public purpose if the cost of the alteration will

exceed $750,000.

(b) TRANSMISSION TO CONGRESS OF PROSPECTUS OF PROPOSED

PROJECT.—To secure consideration for the approval referred to in

subsection (a), the Administrator of General Services shall transmit

to Congress a prospectus of the proposed facility, including—

(1) a brief description of the building to be constructed,

altered, or acquired, or the space to be leased, under this

chapter;

116 STAT. 1162 PUBLIC LAW 107–217—AUG. 21, 2002

(2) the location of the building or space to be leased and

an estimate of the maximum cost to the Government of the

facility to be constructed, altered, or acquired, or the space

to be leased;

(3) a comprehensive plan for providing space for all Government officers and employees in the locality of the proposed

facility or the space to be leased, having due regard for suitable

space which may continue to be available in existing Government-owned or occupied buildings, especially those buildings

that enhance the architectural, historical, social, cultural, and

economic environment of the locality;

(4) with respect to any project for the construction, alteration,

or acquisition of any building, a statement by the Administrator

that suitable space owned by the Government is not available

and that suitable rental space is not available at a price

commensurate with that to be afforded through the proposed

action;

(5) a statement by the Administrator of the economic and

other justifications for not acquiring a building identified to

the Administrator under section 3303(c) of this title as suitable

for the public building needs of the Government; and

(6) a statement of rents and other housing costs currently

being paid by the Government for federal agencies to be housed

in the building to be constructed, altered, or acquired, or the

space to be leased.

(c) INCREASE OF ESTIMATED MAXIMUM COST.—The estimated maximum cost of any project approved under this section as set forth

in any prospectus may be increased by an amount equal to any

percentage increase, as determined by the Administrator, in

construction or alteration costs from the date the prospectus is

transmitted to Congress. The increase authorized by this subsection

may not exceed 10 percent of the estimated maximum cost.

(d) RESCISSION OF APPROVAL.—If an appropriation is not made

within one year after the date a project for construction, alteration,

or acquisition is approved under subsection (a), the Committee

on Environment and Public Works of the Senate or the Committee

on Transportation and Infrastructure of the House of Representatives by resolution may rescind its approval before an appropriation

is made.

(e) EMERGENCY LEASES BY THE ADMINISTRATOR.—This section

does not prevent the Administrator from entering into emergency

leases during any period declared by the President to require emergency leasing authority. An emergency lease may not be for more

than 180 days without approval of a prospectus for the lease in

accordance with subsection (a).

(f) LIMITATION ON LEASING CERTAIN SPACE.—

(1) IN GENERAL.—The Administrator may not lease space

to accommodate any of the following if the average rental

cost of leasing the space will exceed $1,500,000:

(A) Computer and telecommunications operations.

(B) Secure or sensitive activities related to the national

defense or security, except when it would be inappropriate

to locate those activities in a public building or other facility

identified with the Government.

(C) A permanent courtroom, judicial chamber, or

administrative office for any United States court.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1163

(2) EXCEPTION.—The Administrator may lease space with

respect to which paragraph (1) applies if the Administrator— (A) decides, for reasons set forth in writing, that leasing

the space is necessary to meet requirements which cannot

be met in public buildings; and

(B) submits the reasons to the Committee on Environment and Public Works of the Senate and the Committee

on Transportation and Infrastructure of the House of Representatives.

(g) DOLLAR AMOUNT ADJUSTMENT.—The Administrator annually

may adjust any dollar amount referred to in this section to reflect

a percentage increase or decrease in construction costs during the

prior calendar year, as determined by the composite index of

construction costs of the Department of Commerce. Any adjustment

shall be expeditiously reported to the Committee on Environment

and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

§ 3308. Architectural or engineering services

(a) EMPLOYMENT BY ADMINISTRATOR.—When the Administrator

of General Services decides it to be necessary, the Administrator

may employ, by contract or otherwise, without regard to chapters

33 and 51 and subchapter III of chapter 53 of title 5, civil service

rules and regulations, or section 3709 of the Revised Statutes (41

U.S.C. 5), the services of established architectural or engineering

corporations, firms, or individuals, to the extent the Administrator

may require those services for any public building authorized to

be constructed or altered under this chapter.

(b) EMPLOYMENT ON PERMANENT BASIS NOT PERMITTED.—A corporation, firm, or individual shall not be employed under authority

of subsection (a) on a permanent basis.

(c) RESPONSIBILITY OF ADMINISTRATOR.—Notwithstanding any

other provision of this section, the Administrator is responsible

for all construction authorized by this chapter, including the

interpretation of construction contracts, approval of material and

workmanship supplied under a construction contract, approval of

changes in the construction contract, certification of vouchers for

payments due the contractor, and final settlement of the contract.

§ 3309. Buildings and sites in the District of Columbia

(a) IN GENERAL.—The purposes of this chapter shall be carried

out in the District of Columbia as nearly as may be practicable

in harmony with the plan of Peter Charles L’Enfant. Public

buildings shall be constructed or altered to combine architectural

beauty with practical utility.

(b) CLOSING OF STREETS AND ALLEYS.—When the Administrator

of General Services decides that constructing or altering a public

building under this chapter in the District of Columbia requires

using contiguous squares as a site for the building, parts of streets

that lie between the squares, and alleys that intersect the squares,

may be closed and vacated if agreed to by the Administrator,

the Council of the District of Columbia, and the National Capital

Planning Commission. Those streets and alleys become part of

the site.

(c) CONSULTATIONS PRIOR TO ACQUISITIONS.— (1) WITH HOUSE OFFICE BUILDING COMMISSION.—The Administrator must consult with the House Office Building Commission

116 STAT. 1164 PUBLIC LAW 107–217—AUG. 21, 2002

created by the Act of March 4, 1907 (ch. 2918, 34 Stat. 1365),

before the Administrator may acquire land located south of

Independence Avenue, between Third Street SW and Eleventh

Street SE, in the District of Columbia, for use as a site or

an addition to a site.

(2) WITH ARCHITECT OF CAPITOL.—The Administrator must

consult with the Architect of the Capitol before the Administrator may acquire land located in the area extending from

the United States Capitol Grounds to Eleventh Street NE and

SE and bounded by Independence Avenue on the south and

G Street NE on the north, in the District of Columbia, for

use as a site or an addition to a site.

(d) CONTRACTS FOR EVENTS IN STADIUM.—Notwithstanding the

District of Columbia Stadium Act of 1957 (Public Law 85–300,

71 Stat. 619) or any other provision of law, the Armory Board

may make contracts to conduct events in Robert F. Kennedy Stadium.

§ 3310. Special rules for leased buildings

For any building to be constructed for lease to, and for predominant use by, the Federal Government, the Administrator of General

Services—

(1) notwithstanding section 585(a)(1) of this title, shall not

make any agreement or undertake any commitment which will

result in the construction of the building until the Administrator has established detailed specification requirements for

the building;

(2) may acquire a leasehold interest in the building only

by the use of competitive procedures required by section 303

of the Federal Property and Administrative Services Act of

1949 (41 U.S.C. 253);

(3) shall inspect every building during construction to establish that the specifications established for the building are

complied with;

(4) on completion of the building, shall evaluate the building

to determine the extent of failure to comply with the specifications referred to in clause (1); and

(5) shall ensure that any contract entered into for the building

shall contain provisions permitting a reduction of rent during

any period when the building is not in compliance with the

specifications.

§ 3311. State administration of criminal and health and

safety laws

When the Administrator of General Services considers it desirable, the Administrator may assign to a State or a territory or

possession of the United States any part of the authority of the

Federal Government to administer criminal laws and health and

safety laws with respect to land or an interest in land under

the control of the Administrator and located in the State, territory,

or possession. Assignment of authority under this section may be

accomplished by filing with the chief executive officer of the State,

territory, or possession a notice of assignment to take effect on

acceptance, or in another manner as may be prescribed by the

laws of the State, territory, or possession in which the land or

interest is located.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1165

§ 3312. Compliance with nationally recognized codes

(a) APPLICATION.— (1) IN GENERAL.—This section applies to any project for

construction or alteration of a building for which amounts are

first appropriated for a fiscal year beginning after September

30, 1989.

(2) NATIONAL SECURITY WAIVER.—This section does not apply

to a building for which the Administrator of General Services

or the head of the federal agency authorized to construct or

alter the building decides that the application of this section

to the building would adversely affect national security. A

decision under this subsection is not subject to administrative

or judicial review.

(b) BUILDING CODES.—Each building constructed or altered by

the General Services Administration or any other federal agency

shall be constructed or altered, to the maximum extent feasible

as determined by the Administrator or the head of the federal

agency, in compliance with one of the nationally recognized model

building codes and with other applicable nationally recognized

codes, including electrical codes, fire and life safety codes, and

plumbing codes, as the Administrator decides is appropriate. In

carrying out this subsection, the Administrator or the head of

the federal agency shall use the latest edition of the nationally

recognized codes.

(c) ZONING LAWS.—Each building constructed or altered by the

Administration or any other federal agency shall be constructed

or altered only after consideration of all requirements (except procedural requirements) of the following laws of a State or a political

subdivision of a State, which would apply to the building if it

were not a building constructed or altered by a federal agency:

(1) Zoning laws.

(2) Laws relating to landscaping, open space, minimum distance of a building from the property line, maximum height

of a building, historic preservation, esthetic qualities of a

building, and other similar laws.

(d) COOPERATION WITH STATE AND LOCAL OFFICIALS.— (1) STATE AND LOCAL GOVERNMENT CONSULTATION, REVIEW, AND INSPECTIONS.—To meet the requirements of subsections

(b) and (c), the Administrator or the head of the federal agency

authorized to construct or alter the building— (A) in preparing plans for the building, shall consult

with appropriate officials of the State or political subdivision of a State, or both, in which the building will be

located;

(B) on request shall submit the plans in a timely manner

to the officials for review by the officials for a reasonable

period of time not exceeding 30 days; and

(C) shall permit inspection by the officials during

construction or alteration of the building, in accordance

with the customary schedule of inspections for construction

or alteration of buildings in the locality, if the officials

provide to the Administrator or the head of the federal

agency—

(i) a copy of the schedule before construction of the

building is begun; and

(ii) reasonable notice of their intention to conduct

any inspection before conducting the inspection.

116 STAT. 1166 PUBLIC LAW 107–217—AUG. 21, 2002

(2) LIMITATION ON RESPONSIBILITIES.—This section does not

impose an obligation on any State or political subdivision to

take any action under paragraph (1).

(e) STATE AND LOCAL GOVERNMENT RECOMMENDATIONS.—Appropriate officials of a State or political subdivision of a State may

make recommendations to the Administrator or the head of the

federal agency authorized to construct or alter a building concerning

measures necessary to meet the requirements of subsections (b)

and (c). The officials also may make recommendations to the

Administrator or the head of the federal agency concerning measures which should be taken in the construction or alteration of

the building to take into account local conditions. The Administrator

or the head of the agency shall give due consideration to the

recommendations.

(f) EFFECT OF NONCOMPLIANCE.—An action may not be brought

against the Federal Government and a fine or penalty may not

be imposed against the Government for failure to meet the requirements of subsection (b), (c), or (d) or for failure to carry out any

recommendation under subsection (e).

(g) LIMITATION ON LIABILITY.—The Government and its contractors shall not be required to pay any amount for any action a

State or a political subdivision of a State takes to carry out this

section, including reviewing plans, carrying out on-site inspections,

issuing building permits, and making recommendations.

§ 3313. Delegation

(a) WHEN ALLOWED.—Except for the authority contained in section 3305(b) of this title, the carrying out of the duties and powers

of the Administrator of General Services under this chapter, in

accordance with standards the Administrator prescribes—

(1) shall be delegated on request to the appropriate executive

agency when the estimated cost of the project does not exceed

$100,000; and

(2) may be delegated to the appropriate executive agency

when the Administrator determines that delegation will promote efficiency and economy.

(b) NO EXEMPTION FROM OTHER PROVISIONS OF CHAPTER.—Delegation under subsection (a) does not exempt the person to whom

the delegation is made, or the carrying out of the delegated duty

or power, from any other provision of this chapter.

§ 3314. Report to Congress

(a) REQUEST BY EITHER HOUSE OF CONGRESS OR ANY COMMITTEE.—Within a reasonable time after a request of either House

of Congress or any committee of Congress, the Administrator of

General Services shall submit a report showing the location, space,

cost, and status of each public building the construction, alteration,

or acquisition of which—

(1) is to be under authority of this chapter; and

(2) was uncompleted as of the date of the request, or as

of another date the request may designate.

(b) REQUEST OF COMMITTEE ON PUBLIC WORKS AND ENVIRONMENT

OR COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE.—The

Administrator and the United States Postal Service shall make

building project surveys requested by resolution by the Committee

on Environment and Public Works of the Senate or the Committee

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1167

on Transportation and Infrastructure of the House of Representatives, and within a reasonable time shall make a report on the

survey to Congress. The report shall contain all other information

required to be included in a prospectus of the proposed public

building project under section 3307(b) of this title.

§ 3315. Certain authority not affected

This chapter does not limit or repeal the authority conferred

by law on the United States Postal Service.

CHAPTER 35—NON-FEDERAL PUBLIC WORKS

Sec.

3501. Definitions.

3502. Planned public works.

3503. Revolving fund.

3504. Surveys of public works planning.

3505. Forgiveness of outstanding advances.

§ 3501. Definitions

In this chapter, the following definitions apply:

(1) PUBLIC AGENCY.—The term ‘‘public agency’’ means a State

or a public agency or political subdivision of a State.

(2) PUBLIC WORKS.—The term ‘‘public works’’ includes any

public works other than housing.

(3) STATE.—The term ‘‘State’’ means a State of the United

States, the District of Columbia, Puerto Rico, Guam, the Virgin

Islands, the Northern Mariana Islands, the Federated States

of Micronesia, the Marshall Islands, Palau, and any territory

or possession of the United States.

§ 3502. Planned public works

(a) ADVANCES TO ENSURE PLANNING.—Notwithstanding section

3324(a) and (b) of title 31, the Secretary of Housing and Urban

Development may make advances to public agencies and Indian

tribes—

(1) to encourage public agencies and Indian tribes to maintain

at all times a current and adequate reserve of planned public

works the construction of which can rapidly be commenced,

particularly when the national or local economic situation

makes that action desirable; and

(2) to help attain maximum economy and efficiency in the

planning and construction of public works.

(b) USES OF ADVANCES.—A public agency or Indian tribe shall

use an advance under subsection (a) to aid in financing the cost

of feasibility studies, engineering and architectural surveys, designs,

plans, working drawings, specifications, or other action preliminary

to and in preparation for the construction of public works, and

for construction in connection with the development of a medical

center, a general plan for the development of the center.

(c) NO FUTURE COMMITMENT.—An advance under subsection (a)

does not commit the Congress to appropriate amounts to assist

in financing the construction of any public works planned with

the aid of that advance. Outstanding advances to public agencies

and Indian tribes in a State shall not exceed 12.5 percent of the

aggregate then authorized to be appropriated to the revolving fund

established under section 3503 of this title.

116 STAT. 1168 PUBLIC LAW 107–217—AUG. 21, 2002

(d) REQUIREMENTS FOR ADVANCES.—An advance shall not be made

under subsection (a) for an individual project (including a regional,

metropolitan, or other areawide project) unless— (1) the project is planned to be constructed within or over

a reasonable period of time considering the nature of the

project;

(2) the project conforms to an overall state, local, or regional

plan approved by a competent state, local, or regional authority;

and

(3) the public agency or Indian tribe formally contracts with

the Federal Government to complete the plan preparation

promptly and to repay part or all of the advance when due.

(e) REGULATIONS.—The Secretary may prescribe regulations to

carry out this chapter.

§ 3503. Revolving fund

(a) ESTABLISHMENT.—There is a revolving fund established by

the Secretary of Housing and Urban Development to provide

amounts for advances under this chapter. The fund comprises

amounts appropriated under this chapter and all repayments and

other receipts received in connection with advances made under

this chapter.

(b) AUTHORIZATIONS.—Not more than $70,000,000 may be appropriated to the revolving fund as necessary to carry out the purposes

of this chapter.

§ 3504. Surveys of public works planning

The Secretary of Housing and Urban Development may use

during a fiscal year not more than $100,000 of the amount in

the revolving fund established under section 3503 of this title

to conduct surveys of the status and current volume of state and

local public works planning and surveys of estimated requirements

for state and local public works. In conducting a survey, the Secretary, may use or act through any department or agency of the

Federal Government, with the consent of the department or agency.

§ 3505. Forgiveness of outstanding advances

In accordance with accounting and other procedures the Secretary

of Housing and Urban Development prescribes, each advance made

by the Secretary under this chapter that had any principal amount

outstanding on February 5, 1988, was forgiven. The terms and

conditions of any contract, or any amendment to a contract, for

that advance with respect to any promise to repay the advance

were canceled.

CHAPTER 37—CONTRACT WORK HOURS AND SAFETY

STANDARDS

Sec.

3701. Definition and application.

3702. Work hours.

3703. Report of violations and withholding of amounts for unpaid wages and liquidated damages.

3704. Health and safety standards in building trades and construction industry.

3705. Safety programs.

3706. Limitations, variations, tolerances, and exemptions.

3707. Contractor certification or contract clause in acquisition of commercial items

not required.

3708. Criminal penalties.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1169

§ 3701. Definition and application

(a) DEFINITION.—In this chapter, the term ‘‘Federal Government’’ has the same meaning that the term ‘‘United States’’ had in the

Contract Work Hours and Safety Standards Act (Public Law 87– 581, 76 Stat. 357).

(b) APPLICATION.— (1) CONTRACTS.—This chapter applies to— (A) any contract that may require or involve the employment of laborers or mechanics on a public work of the

Federal Government, a territory of the United States, or

the District of Columbia; and

(B) any other contract that may require or involve the

employment of laborers or mechanics if the contract is

one— (i) to which the Government, an agency or

instrumentality of the Government, a territory, or the

District of Columbia is a party;

(ii) which is made for or on behalf of the Government,

an agency or instrumentality, a territory, or the District of Columbia; or

(iii) which is a contract for work financed at least

in part by loans or grants from, or loans insured or

guaranteed by, the Government or an agency or

instrumentality under any federal law providing wage

standards for the work.

(2) LABORERS AND MECHANICS.—This chapter applies to all

laborers and mechanics employed by a contractor or subcontractor in the performance of any part of the work under

the contract— (A) including watchmen, guards, and workers performing

services in connection with dredging or rock excavation

in any river or harbor of the United States, a territory,

or the District of Columbia; but

(B) not including an employee employed as a seaman.

(3) EXCEPTIONS.—

(A) THIS CHAPTER.—This chapter does not apply to—

(i) a contract for—

(I) transportation by land, air, or water;

(II) the transmission of intelligence; or

(III) the purchase of supplies or materials or

articles ordinarily available in the open market;

(ii) any work required to be done in accordance with

the provisions of the Walsh-Healey Act (41 U.S.C. 35

et seq.); and

(iii) a contract in an amount that is not greater

than $100,000.

(B) SECTION 3902.—Section 3902 of this title does not

apply to work where the assistance described in subsection

(a)(2)(C) from the Government or an agency or instrumentality is only a loan guarantee or insurance.

§ 3702. Work hours

(a) STANDARD WORKWEEK.—The wages of every laborer and

mechanic employed by any contractor or subcontractor in the

performance of work on a contract described in section 3701 of

this title shall be computed on the basis of a standard workweek

of 40 hours. Work in excess of the standard workweek is permitted

116 STAT. 1170 PUBLIC LAW 107–217—AUG. 21, 2002

subject to this section. For each workweek in which the laborer

or mechanic is so employed, wages include compensation, at a

rate not less than one and one-half times the basic rate of pay,

for all hours worked in excess of 40 hours in the workweek.

(b) CONTRACT REQUIREMENTS.—A contract described in section

3701 of this title, and any obligation of the Federal Government,

a territory of the United States, or the District of Columbia in

connection with that contract, must provide that— (1) a contractor or subcontractor contracting for any part

of the contract work which may require or involve the employment of laborers or mechanics shall not require or permit

any laborer or mechanic, in any workweek in which the laborer

or mechanic is employed on that work, to work more than

40 hours in that workweek, except as provided in this chapter;

and

(2) when a violation of clause (1) occurs, the contractor and

any subcontractor responsible for the violation are liable— (A) to the affected employee for the employee’s unpaid

wages; and

(B) to the Government, the District of Columbia, or a

territory for liquidated damages as provided in the contract.

(c) LIQUIDATED DAMAGES.—Liquidated damages under subsection

(b)(2)(B) shall be computed for each individual employed as a laborer

or mechanic in violation of this chapter and shall be equal to

$10 for each calendar day on which the individual was required

or permitted to work in excess of the standard workweek without

payment of the overtime wages required by this chapter.

(d) AMOUNTS WITHHELD TO SATISFY LIABILITIES.—Subject to section 3703 of this title, the governmental agency for which the

contract work is done or which is providing financial assistance

for the work may withhold, or have withheld, from money payable

because of work performed by a contractor or subcontractor,

amounts administratively determined to be necessary to satisfy

the liabilities of the contractor or subcontractor for unpaid wages

and liquidated damages as provided in this section.

§ 3703. Report of violations and withholding of amounts for

unpaid wages and liquidated damages

(a) REPORTS OF INSPECTORS.—An officer or individual designated

as an inspector of the work to be performed under a contract

described in section 3701 of this title, or to aid in the enforcement

or fulfillment of the contract, on observation or after investigation

immediately shall report to the proper officer of the Federal Government, a territory of the United States, or the District of Columbia

all violations of this chapter occurring in the performance of the

work, together with the name of each laborer or mechanic who

was required or permitted to work in violation of this chapter

and the day the violation occurred.

(b) WITHHOLDING AMOUNTS.—

(1) DETERMINING AMOUNT.—The amount of unpaid wages

and liquidated damages owing under this chapter shall be

determined administratively.

(2) AMOUNT DIRECTED TO BE WITHHELD.—The officer or individual whose duty it is to approve the payment of money

by the Government, territory, or District of Columbia in connection with the performance of the contract work shall direct

the amount of—

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1171

(A) liquidated damages to be withheld for the use and

benefit of the Government, territory, or District; and

(B) unpaid wages to be withheld for the use and benefit

of the laborers and mechanics who were not compensated

as required under this chapter.

(3) PAYMENT.—The Comptroller General shall pay the amount

administratively determined to be due directly to the laborers

and mechanics from amounts withheld on account of underpayments of wages if the amount withheld is adequate. If the

amount withheld is not adequate, the Comptroller General

shall pay an equitable proportion of the amount due.

(c) RIGHT OF ACTION AND INTERVENTION AGAINST CONTRACTORS

AND SURETIES.—If the accrued payments withheld under the terms

of the contract are insufficient to reimburse all the laborers and

mechanics who have not been paid the wages required under this

chapter, the laborers and mechanics, in the case of a department

or agency of the Government, have the same right of action and

intervention against the contractor and the contractor’s sureties

as is conferred by law on persons furnishing labor or materials.

In those proceedings it is not a defense that the laborers and

mechanics accepted or agreed to accept less than the required

rate of wages or voluntarily made refunds.

(d) REVIEW PROCESS.—

(1) TIME LIMIT FOR APPEAL.—Within 60 days after an amount

is withheld as liquidated damages, any contractor or subcontractor aggrieved by the withholding may appeal to the head

of the agency of the Government or territory for which the

contract work is done or which is providing financial assistance

for the work, or to the Mayor of the District of Columbia

in the case of liquidated damages withheld for the use and

benefit of the District.

(2) REVIEW BY AGENCY HEAD OR MAYOR.—The agency head

or Mayor may review the administrative determination of liquidated damages. The agency head or Mayor may issue a

final order affirming the determination or may recommend

to the Secretary of Labor that an appropriate adjustment in

liquidated damages be made, or that the contractor or subcontractor be relieved of liability for the liquidated damages, if

it is found that the amount is incorrect or that the contractor

or subcontractor violated this chapter inadvertently, notwithstanding the exercise of due care by the contractor or subcontractor and the agents of the contractor or subcontractor.

(3) REVIEW BY SECRETARY.—The Secretary shall review all

pertinent facts in the matter and may conduct any investigation

the Secretary considers necessary in order to affirm or reject

the recommendation. The decision of the Secretary is final.

(4) JUDICIAL ACTION.—A contractor or subcontractor

aggrieved by a final order for the withholding of liquidated

damages may file a claim in the United States Court of Federal

Claims within 60 days after the final order. A final order

of the agency head, Mayor, or Secretary is conclusive with

respect to findings of fact if supported by substantial evidence.

(e) APPLICABILITY OF OTHER LAWS.—

(1) REORGANIZATION PLAN.—Reorganization Plan Numbered

14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) applies to this

chapter.

116 STAT. 1172 PUBLIC LAW 107–217—AUG. 21, 2002

(2) SECTION 3145.—Section 3145 of this title applies to contractors and subcontractors referred to in section 3145 who are

engaged in the performance of contracts subject to this chapter.

§ 3704. Health and safety standards in building trades and

construction industry

(a) CONDITION OF CONTRACTS.— (1) IN GENERAL.—Each contract in an amount greater than $100,000 that is entered into under legislation subject to

Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950,

64 Stat. 1267) and is for construction, alteration, and repair,

including painting and decorating, must provide that no contractor or subcontractor contracting for any part of the contract

work shall require any laborer or mechanic employed in the

performance of the contract to work in surroundings or under

working conditions that are unsanitary, hazardous, or dangerous to health or safety, as established under construction

safety and health standards the Secretary of Labor prescribes

by regulation based on proceedings pursuant to section 553

of title 5, provided that the proceedings include a hearing

similar in nature to that authorized by section 553.

(2) CONSULTATION.—In formulating standards under this section, the Secretary shall consult with the Advisory Committee

created by subsection (d) of this section.

(b) COMPLIANCE.—

(1) ACTIONS TO GAIN COMPLIANCE.—The Secretary may make

inspections, hold hearings, issue orders, and make decisions

based on findings of fact as the Secretary considers necessary

to gain compliance with this section and any health and safety

standard the Secretary prescribes under subsection (a). For

those purposes the Secretary and the United States district

courts have the authority and jurisdiction provided by sections

4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39).

(2) REMEDY WHEN NONCOMPLIANCE FOUND.—When the Secretary, after an opportunity for an adjudicatory hearing by

the Secretary, establishes noncompliance under this section

of any condition of a contract described in—

(A) section 3701(b)(1)(B)(i) or (ii) of this title, the governmental agency for which the contract work is done may

cancel the contract and make other contracts for the

completion of the contract work, charging any additional

cost to the original contractor; or

(B) section 3701(b)(1)(B)(iii) of this title, the governmental agency which is providing the financial guarantee,

assistance, or insurance for the contract work may withhold

the guarantee, assistance, or insurance attributable to the

performance of the contract.

(3) NONAPPLICABILITY.—Section 3703 of this title does not

apply to the enforcement of this section.

(c) REPEATED VIOLATIONS.—

(1) TRANSMITTAL OF NAMES OF REPEAT VIOLATORS TO COMP- TROLLER GENERAL.—When the Secretary, after an opportunity

for an agency hearing, decides on the record that, by repeated

willful or grossly negligent violations of this chapter, a contractor or subcontractor has demonstrated that subsection (b)

is not effective to protect the safety and health of the employees

of the contractor or subcontractor, the Secretary shall make

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1173

a finding to that effect and, not sooner than 30 days after

giving notice of the finding to all interested persons, shall

transmit the name of the contractor or subcontractor to the

Comptroller General.

(2) BAN ON AWARDING CONTRACTS.—The Comptroller General

shall distribute each name transmitted under paragraph (1)

to all agencies of the Federal Government. Unless the Secretary

otherwise recommends, the contractor, subcontractor, or any

person in which the contractor or subcontractor has a substantial interest may not be awarded a contract subject to this

section until three years have elapsed from the date the name

is transmitted to the Comptroller General. The Secretary shall

terminate the ban if, before the end of the three-year period,

the Secretary, after affording interested persons due notice

and an opportunity for a hearing, is satisfied that a contractor

or subcontractor whose name was transmitted to the Comptroller General will comply responsibly with the requirements

of this section. The Comptroller General shall inform all

Government agencies after being informed of the Secretary’s

action.

(3) JUDICIAL REVIEW.—A person aggrieved by the Secretary’s

action under this subsection or subsection (b) may file with

the appropriate United States court of appeals a petition for

review of the Secretary’s action within 60 days after receiving

notice of the Secretary’s action. The clerk of the court immediately shall send a copy of the petition to the Secretary.

The Secretary then shall file with the court the record on

which the action is based. The findings of fact by the Secretary,

if supported by substantial evidence, are final. The court may

enter a decree enforcing, modifying, modifying and enforcing,

or setting aside any part of, the order of the Secretary or

the appropriate Government agency. The judgment of the court

may be reviewed by the Supreme Court as provided in section

1254 of title 28.

(d) ADVISORY COMMITTEE ON CONSTRUCTION SAFETY AND

HEALTH.—

(1) ESTABLISHMENT.—There is an Advisory Committee on

Construction Safety and Health in the Department of Labor.

(2) COMPOSITION.—The Committee is composed of nine members appointed by the Secretary, without regard to chapter

33 of title 5, as follows:

(A) Three members shall be individuals representative

of contractors to whom this section applies.

(B) Three members shall be individuals representative

of employees primarily in the building trades and construction industry engaged in carrying out contracts to which

this section applies.

(C) Three members shall be public representatives who

shall be selected on the basis of their professional and

technical competence and experience in the construction

health and safety field.

(3) CHAIRMAN.—The Secretary shall appoint one member as

Chairman.

(4) DUTIES.—The Committee shall advise the Secretary—

(A) in formulating construction safety and health standards and other regulations; and

(B) on policy matters arising in carrying out this section.

116 STAT. 1174 PUBLIC LAW 107–217—AUG. 21, 2002

(5) EXPERTS AND CONSULTANTS.—The Secretary may appoint

special advisory and technical experts or consultants as may

be necessary to carry out the functions of the Committee.

(6) COMPENSATION AND EXPENSES.—Committee members are

entitled to receive compensation at rates the Secretary fixes,

but not more than $100 a day, including traveltime, when

performing Committee business, and expenses under section

5703 of title 5.

§ 3705. Safety programs

The Secretary of Labor shall— (1) provide for the establishment and supervision of programs

for the education and training of employers and employees

in the recognition, avoidance, and prevention of unsafe working

conditions in employment covered by this chapter; and

(2) collect reports and data and consult with and advise

employers as to the best means of preventing injuries.

§ 3706. Limitations, variations, tolerances, and exemptions

The Secretary of Labor may provide reasonable limitations to,

and may prescribe regulations allowing reasonable variations to,

tolerances from, and exemptions from, this chapter that the Secretary may find necessary and proper in the public interest to

prevent injustice or undue hardship or to avoid serious impairment

of the conduct of Federal Government business.

§ 3707. Contractor certification or contract clause in acquisition of commercial items not required

In a contract to acquire a commercial item (as defined in section

4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)),

a certification by a contractor or a contract clause may not be

required to implement a prohibition or requirement in this chapter.

§ 3708. Criminal penalties

A contractor or subcontractor having a duty to employ, direct,

or control a laborer or mechanic employed in the performance

of work contemplated by a contract to which this chapter applies

that intentionally violates this chapter shall be fined under title

18, imprisoned for not more than six months, or both.

PART B—UNITED STATES CAPITOL

CHAPTER 51—UNITED STATES CAPITOL BUILDINGS

AND GROUNDS

Sec.

5101. Definition.

5102. Legal description and jurisdiction of United States Capitol Grounds.

5103. Restrictions on public use of United States Capitol Grounds.

5104. Unlawful activities.

5105. Assistance to authorities by Capitol employees.

5106. Suspension of prohibitions.

5107. Concerts on grounds.

5108. Audit of private organizations.

5109. Penalties.

§ 5101. Definition

In this chapter, the term ‘‘Capitol Buildings’’ means the United

States Capitol, the Senate and House Office Buildings and garages,

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1175

the Capitol Power Plant, all subways and enclosed passages connecting two or more of those structures, and the real property

underlying and enclosed by any of those structures.

§ 5102. Legal description and jurisdiction of United States

Capitol Grounds

(a) LEGAL DESCRIPTION.—The United States Capitol Grounds

comprises all squares, reservations, streets, roadways, walks, and

other areas as defined on a map entitled ‘‘Map showing areas

comprising United States Capitol Grounds’’, dated June 25, 1946,

approved by the Architect of the Capitol, and recorded in the

Office of the Surveyor of the District of Columbia in book 127,

page 8, including all additions added by law after June 25, 1946.

(b) JURISDICTION.— (1) ARCHITECT OF THE CAPITOL.—The jurisdiction and control

over the Grounds, vested prior to July 31, 1946, by law in

the Architect, is extended to the entire area of the Grounds.

Except as provided in paragraph (2), the Architect is responsible

for the maintenance and improvement of the Grounds, including

those streets and roadways in the Grounds as shown on the

map referred to in subsection (a) as being under the jurisdiction

and control of the Commissioners of the District of Columbia.

(2) MAYOR OF THE DISTRICT OF COLUMBIA.—

(A) IN GENERAL.—The Mayor of the District of Columbia

is responsible for the maintenance and improvement of

those portions of the following streets which are situated

between the curblines of those streets: Constitution Avenue

from Second Street Northeast to Third Street Northwest,

First Street from D Street Northeast to D Street Southeast,

D Street from First Street Southeast to Washington Avenue

Southwest, and First Street from the north side of Louisiana Avenue to the intersection of C Street and Washington Avenue Southwest, Pennsylvania Avenue Northwest

from First Street Northwest to Third Street Northwest,

Maryland Avenue Southwest from First Street Southwest

to Third Street Southwest, Second Street Northeast from

F Street Northeast to C Street Southeast; C Street Southeast from Second Street Southeast to First Street Southeast; that portion of Maryland Avenue Northeast from Second Street Northeast to First Street Northeast; that portion

of New Jersey Avenue Northwest from D Street Northwest

to Louisiana Avenue; that portion of Second Street Southwest from the north curb of D Street to the south curb

of Virginia Avenue Southwest; that portion of Virginia

Avenue Southwest from the east curb of Second Street

Southwest to the west curb of Third Street Southwest;

that portion of Third Street Southwest from the south

curb of Virginia Avenue Southwest to the north curb of

D Street Southwest; that portion of D Street Southwest

from the west curb of Third Street Southwest to the east

curb of Second Street Southwest; that portion of Washington Avenue Southwest, including sidewalks and traffic

islands, from the south curb of Independence Avenue

Southwest to the west curb of South Capitol Street.

(B) REPAIR AND MAINTENANCE OF UTILITY SERVICES.— The Mayor may enter any part of the Grounds to repair

or maintain or, subject to the approval of the Architect,

116 STAT. 1176 PUBLIC LAW 107–217—AUG. 21, 2002

construct or alter, any utility service of the District of

Columbia Government.

§ 5103. Restrictions on public use of United States Capitol

Grounds

Public travel in, and occupancy of, the United States Capitol

Grounds is restricted to the roads, walks, and places prepared

for that purpose.

§ 5104. Unlawful activities

(a) DEFINITIONS.—In this section— (1) ACT OF PHYSICAL VIOLENCE.—The term ‘‘act of physical

violence’’ means any act involving— (A) an assault or other infliction or threat of infliction

of death or bodily harm on an individual; or

(B) damage to, or destruction of, real or personal property.

(2) DANGEROUS WEAPON.—The term ‘‘dangerous weapon’’

includes—

(A) all articles enumerated in section 14(a) of the Act

of July 8, 1932 (ch. 465, 47 Stat. 654); and

(B) a device designed to expel or hurl a projectile capable

of causing injury to individuals or property, a dagger, a

dirk, a stiletto, and a knife having a blade over three

inches in length.

(3) EXPLOSIVES.—The term ‘‘explosives’’ has the meaning

given that term in section 841(d) of title 18.

(4) FIREARM.—The term ‘‘firearm’’ has the meaning given

that term in section 921(3) of title 18.

(b) OBSTRUCTION OF ROADS.—A person may not occupy the roads

in the United States Capitol Grounds in a manner that obstructs

or hinders their proper use, or use the roads in the area of the

Grounds, south of Constitution Avenue and B Street and north

of Independence Avenue and B Street, to convey goods or merchandise, except to or from the United States Capitol on Federal Government service.

(c) SALE OF ARTICLES, DISPLAY OF SIGNS, AND SOLICITATIONS.—

A person may not carry out any of the following activities in

the Grounds:

(1) offer or expose any article for sale.

(2) display a sign, placard, or other form of advertisement.

(3) solicit fares, alms, subscriptions, or contributions.

(d) INJURIES TO PROPERTY.—A person may not step or climb

on, remove, or in any way injure any statue, seat, wall, fountain,

or other erection or architectural feature, or any tree, shrub, plant,

or turf, in the Grounds.

(e) CAPITOL GROUNDS AND BUILDINGS SECURITY.—

(1) FIREARMS, DANGEROUS WEAPONS, EXPLOSIVES, OR INCENDIARY DEVICES.—An individual or group of individuals—

(A) except as authorized by regulations prescribed by

the Capitol Police Board—

(i) may not carry on or have readily accessible to

any individual on the Grounds or in any of the Capitol

Buildings a firearm, a dangerous weapon, explosives,

or an incendiary device;

(ii) may not discharge a firearm or explosives, use

a dangerous weapon, or ignite an incendiary device,

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1177

on the Grounds or in any of the Capitol Buildings;

or

(iii) may not transport on the Grounds or in any

of the Capitol Buildings explosives or an incendiary

device; or

(B) may not knowingly, with force and violence, enter

or remain on the floor of either House of Congress.

(2) VIOLENT ENTRY AND DISORDERLY CONDUCT.—An individual

or group of individuals may not willfully and knowingly—

(A) enter or remain on the floor of either House of Congress or in any cloakroom or lobby adjacent to that floor,

in the Rayburn Room of the House of Representatives,

or in the Marble Room of the Senate, unless authorized

to do so pursuant to rules adopted, or an authorization

given, by that House;

(B) enter or remain in the gallery of either House of

Congress in violation of rules governing admission to the

gallery adopted by that House or pursuant to an authorization given by that House;

(C) with the intent to disrupt the orderly conduct of

official business, enter or remain in a room in any of

the Capitol Buildings set aside or designated for the use

of either House of Congress or a Member, committee,

officer, or employee of Congress or either House of Congress;

(D) utter loud, threatening, or abusive language, or

engage in disorderly or disruptive conduct, at any place

in the Grounds or in any of the Capitol Buildings with

the intent to impede, disrupt, or disturb the orderly conduct

of a session of Congress or either House of Congress, or

the orderly conduct in that building of a hearing before,

or any deliberations of, a committee of Congress or either

House of Congress;

(E) obstruct, or impede passage through or within, the

Grounds or any of the Capitol Buildings;

(F) engage in an act of physical violence in the Grounds

or any of the Capitol Buildings; or

(G) parade, demonstrate, or picket in any of the Capitol

Buildings.

(3) EXEMPTION OF GOVERNMENT OFFICIALS.—This subsection

does not prohibit any act performed in the lawful discharge

of official duties by—

(A) a Member of Congress;

(B) an employee of a Member of Congress;

(C) an officer or employee of Congress or a committee

of Congress; or

(D) an officer or employee of either House of Congress

or a committee of that House.

(f) PARADES, ASSEMBLAGES, AND DISPLAY OF FLAGS.—Except as

provided in section 5106 of this title, a person may not—

(1) parade, stand, or move in processions or assemblages

in the Grounds; or

(2) display in the Grounds a flag, banner, or device designed

or adapted to bring into public notice a party, organization,

or movement.

116 STAT. 1178 PUBLIC LAW 107–217—AUG. 21, 2002

§ 5105. Assistance to authorities by Capitol employees

Each individual employed in the service of the Federal Government in the United States Capitol or within the United States

Capitol Grounds shall prevent, as far as may be in the individual’s

power, a violation of a provision of this chapter or section 9, 9A,

9B, 9C, or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719,

720), and shall aid the police in securing the arrest and conviction

of the individual violating the provision.

§ 5106. Suspension of prohibitions

(a) AUTHORITY TO SUSPEND.—To allow the observance in the

United States Capitol Grounds of occasions of national interest

becoming the cognizance and entertainment of Congress, the President of the Senate and the Speaker of the House of Representatives

concurrently may suspend any of the prohibitions contained in

sections 5103 and 5104 of this title that would prevent the use

of the roads and walks within the Grounds by processions or assemblages, and the use in the Grounds of suitable decorations, music,

addresses, and ceremonies, if responsible officers have been

appointed and the President and the Speaker determine that adequate arrangements have been made to maintain suitable order

and decorum in the proceedings and to guard the United States

Capitol and its grounds from injury.

(b) POWER TO SUSPEND PROHIBITIONS IN ABSENCE OF PRESIDENT

OR SPEAKER.—If either the President or Speaker is absent from

the District of Columbia, the authority to suspend devolves on

the other officer. If both officers are absent, the authority devolves

on the Capitol Police Board.

(c) AUTHORITY OF MAYOR TO PERMIT USE OF LOUISIANA

AVENUE.—Notwithstanding subsection (a) and section 5104(f) of

this title, the Capitol Police Board may grant the Mayor of the

District of Columbia authority to permit the use of Louisiana

Avenue for any of the purposes prohibited by section 5104(f).

§ 5107. Concerts on grounds

Sections 5102, 5103, 5104(b)–(f), 5105, 5105, and 5109 of this

title and sections 9, 9A, 9B, and 9C of the Act of July 31, 1946

(ch. 707, 60 Stat. 719, 720), do not prohibit a band in the service

of the Federal Government from giving concerts in the United

States Capitol Grounds at times which will not interfere with

Congress and as authorized by the Architect of the Capitol.

§ 5108. Audit of private organizations

A private organization (except a political party or committee

constituted for the election of federal officials), whether or not

organized for profit and whether or not any of its income inures

to the benefit of any person, that performs services or conducts

activities in the United States Capitol Buildings or Grounds is

subject to a special audit of its accounts for each year in which

it performs those services or conducts those activities. The Comptroller General shall conduct the audit and report the results of

the audit to the Senate and the House of Representatives.

§ 5109. Penalties

(a) FIREARMS, DANGEROUS WEAPONS, EXPLOSIVES, OR INCENDIARY

DEVICE OFFENSES.—An individual or group violating section

5104(e)(1) of this title, or attempting to commit a violation, shall

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1179

be fined under title 18, imprisoned for not more than five years,

or both.

(b) OTHER OFFENSES.—A person violating section 5103 or 5104(b),

(c), (d), (e)(2), or (f) of this title, or attempting to commit a violation,

shall be fined under title 18, imprisoned for not more than six

months, or both.

(c) PROCEDURE.— (1) IN GENERAL.—An action for a violation of this chapter

or section 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946

(ch. 707, 60 Stat. 719, 720), including an attempt or a conspiracy

to commit a violation, shall be brought by the Attorney General

in the name of the United States. This chapter and sections

9, 9A, 9B, 9C and 14 do not supersede any provision of federal

law or the laws of the District of Columbia. Where the conduct

violating this chapter or section 9, 9A, 9B, 9C or 14 also

violates federal law or the laws of the District of Columbia,

both violations may be joined in a single action.

(2) VENUE.—An action under this section for a violation of—

(A) section 5104(e)(1) of this title or for conduct that

constitutes a felony under federal law or the laws of the

District of Columbia shall be brought in the United States

District Court for the District of Columbia; and

(B) any other section referred to in subsection (a) may

be brought in the Superior Court of the District of

Columbia.

(3) AMOUNT OF PENALTY.—The penalty which may be imposed

on a person convicted in an action under this subsection is

the highest penalty authorized by any of the laws the defendant

is convicted of violating.

PART C—FEDERAL BUILDING COMPLEXES

CHAPTER 61—UNITED STATES SUPREME COURT

BUILDING AND GROUNDS

SUBCHAPTER I—GENERAL

Sec.

6101. Definitions and application.

6102. Regulations.

SUBCHAPTER II—BUILDINGS AND GROUNDS

6111. Supreme Court Building.

6112. Supreme Court Building and grounds employees.

6113. Duties of the Superintendent of the Supreme Court Building.

6114. Oliver Wendell Holmes Garden.

SUBCHAPTER III—POLICING AUTHORITY

6121. General.

6122. Designation of members of the Supreme Court Police.

6123. Authority of Metropolitan Police of the District of Columbia.

SUBCHAPTER IV—PROHIBITIONS AND PENALTIES

6131. Public travel in Supreme Court grounds.

6132. Sale of articles, signs, and solicitation in Supreme Court Building and

grounds.

6133. Property in the Supreme Court Building and grounds.

6134. Firearms, fireworks, speeches, and objectionable language in the Supreme

Court Building and grounds.

6135. Parades, assemblages, and display of flags in the Supreme Court Building

and grounds.

6136. Suspension of prohibitions against use of Supreme Court grounds.

6137. Penalties.

116 STAT. 1180 PUBLIC LAW 107–217—AUG. 21, 2002

SUBCHAPTER I—GENERAL

§ 6101. Definitions and application

(a) DEFINITIONS.—In this chapter, the following definitions apply:

(1) OFFICIAL GUEST OF THE SUPREME COURT.—The term ‘‘official guest of the Supreme Court’’ means an individual who

is a guest of the Supreme Court, as determined by the Chief

Justice of the United States or any Associate Justice of the

Supreme Court;

(2) STATE.—The term ‘‘State’’ means a State of the United

States, the District of Columbia, Puerto Rico, the Virgin Islands,

Guam, the Northern Mariana Islands, the Federated States

of Micronesia, the Marshall Islands, Palau, and any territory

or possession of the United States; and

(b) APPLICATION.—For purposes of section 6102 of this title and

subchapters III and IV, the Supreme Court grounds—

(1) extend to the line of the face of—

(A) the east curb of First Street Northeast, between

Maryland Avenue Northeast and East Capitol Street;

(B) the south curb of Maryland Avenue Northeast,

between First Street Northeast and Second Street Northeast;

(C) the west curb of Second Street Northeast, between

Maryland Avenue Northeast and East Capitol Street; and

(D) the north curb of East Capitol Street between First

Street Northeast and Second Street Northeast; and

(2) comprise any property under the custody and control

of the Supreme Court as part of the Supreme Court grounds,

including property acquired as provided by law on behalf of

the Federal Government in lots 2, 3, 800, 801, and 802 in

square 758 in the District of Columbia as an addition to the

grounds of the Supreme Court Building.

§ 6102. Regulations

(a) AUTHORITY OF THE MARSHAL.—In addition to the restrictions

and requirements specified in subchapter IV, the Marshal of the

Supreme Court may prescribe regulations, approved by the Chief

Justice of the United States, that are necessary for—

(1) the adequate protection of the Supreme Court Building

and grounds and of individuals and property in the Building

and grounds; and

(2) the maintenance of suitable order and decorum within

the Building and grounds.

(b) POSTING REQUIREMENT.—All regulations prescribed under this

section shall be posted in a public place at the Building and shall

be made reasonably available to the public in writing.

SUBCHAPTER II—BUILDINGS AND GROUNDS

§ 6111. Supreme Court Building

(a) IN GENERAL.— (1) STRUCTURAL AND MECHANICAL CARE.—The Architect of

the Capitol shall have charge of the structural and mechanical

care of the Supreme Court Building, including—

(A) the care and maintenance of the grounds; and

(B) the supplying of all mechanical furnishings and

mechanical equipment for the Building.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1181

(2) OPERATION AND MAINTENANCE.—The Architect shall direct

the operation and maintenance of the mechanical equipment

and repair of the building.

(3) CONTRACT AUTHORITY.—The Architect may enter into all

necessary contracts to carry out this subsection.

(b) AVAILABILITY OF APPROPRIATIONS..—Amounts appropriated

under—

(1) subsection (a) and sections 6112 and 6113 of this title

are available for—

(A) expenses of heating and air-conditioning refrigeration

supplied by the Capitol Power Plant, advancements for

which shall be made and deposited in the Treasury to

the credit of appropriations provided for the Capitol Power

Plant; and

(B) the purchase of electrical energy; and

(2) the heading ‘‘SUPREME COURT OF THE UNITED STATES’’

and ‘‘CARE OF THE BUILDING AND GROUNDS’’ are available for—

(A) improvements, maintenance, repairs, equipment, supplies, materials, and appurtenances;

(B) special clothing for workers;

(C) personal and other services (including temporary

labor without regard to chapter 51, subchapter III of

chapter 53, and subchapter III of chapter 83, of title 5);

and

(D) without compliance with section 3709 of the Revised

Statutes (41 U.S.C. 5)—

(i) for snow removal (by hire of personnel and equipment or under contract); and

(ii) for the replacement of electrical transformers

containing polychlorinated biphenyls.

§ 6112. Supreme Court Building and grounds employees

Employees required to carry out section 6111(a) of this title

shall be—

(1) appointed by the Architect of the Capitol with the approval

of the Chief Justice of the United States;

(2) compensated in accordance with chapter 51 and subchapter III of chapter 53 of title 5; and

(3) subject to subchapter III of chapter 83 of title 5.

§ 6113. Duties of the Superintendent of the Supreme Court

Building

Except as provided in section 6111(a) of this title, all duties

and work required for the operation, domestic care, and custody

of the Supreme Court Building shall be performed under the direction of the Marshal of the Supreme Court. The Marshal serves

as the superintendent of the Building.

§ 6114. Oliver Wendell Holmes Garden

The Architect of the Capitol shall maintain and care for the

Oliver Wendell Holmes Garden in accordance with the provisions

of law on the maintenance and care of the grounds of the Supreme

Court Building.

116 STAT. 1182 PUBLIC LAW 107–217—AUG. 21, 2002

SUBCHAPTER III—POLICING AUTHORITY

§ 6121. General

(a) AUTHORITY OF MARSHAL OF THE SUPREME COURT AND

SUPREME COURT POLICE.—In accordance with regulations prescribed by the Marshal of the Supreme Court and approved by

the Chief Justice of the United States, the Marshal and the Supreme

Court Police shall have authority—

(1) to police the Supreme Court Building and grounds and

adjacent streets to protect individuals and property;

(2) in any State, to protect—

(A) the Chief Justice, any Associate Justice of the

Supreme Court, and any official guest of the Supreme

Court; and

(B) any officer or employee of the Supreme Court while

that officer or employee is performing official duties;

(3) while performing duties necessary to carry out paragraph

(1) or (2), to make arrests for any violation of federal or state

law and any regulation under federal or state law; and

(4) to carry firearms as may be required while performing

duties under section 6102 of this title, this subchapter, and

subchapter IV.

(b) ADDITIONAL REQUIREMENTS RELATED TO SUBSECTION (a)(2).—

(1) AUTHORIZATION TO CARRY FIREARMS.—Duties under subsection (a)(2)(A) with respect to an official guest of the Supreme

Court in any State (other than the District of Columbia, Maryland, and Virginia) shall be authorized in writing by the Chief

Justice or an Associate Justice, if those duties require the

carrying of firearms under subsection (a)(4).

(2) TERMINATION OF AUTHORITY.—The authority provided

under subsection (a)(2) expires on December 29, 2004.

§ 6122. Designation of members of the Supreme Court Police

Under the general supervision and direction of the Chief Justice

of the United States, the Marshal of the Supreme Court may

designate employees of the Supreme Court as members of the

Supreme Court Police, without additional compensation.

§ 6123. Authority of Metropolitan Police of the District of

Columbia

The Metropolitan Police of the District of Columbia may make

arrests within the Supreme Court Building and grounds for a

violation of federal or state law or any regulation under federal

or state law. This section does not authorize the Metropolitan

Police to enter the Supreme Court Building to make an arrest

in response to a complaint, serve a warrant, or patrol the Supreme

Court Building or grounds, unless the Metropolitan Police have

been requested to do so by, or have received the consent of, the

Marshal of the Supreme Court or an assistant to the Marshal.

SUBCHAPTER IV—PROHIBITIONS AND PENALTIES

§ 6131. Public travel in Supreme Court grounds

Public travel in, and occupancy of, the Supreme Court grounds

is restricted to the sidewalks and other paved surfaces.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1183

§ 6132. Sale of articles, signs, and solicitation in Supreme

Court Building and grounds

It is unlawful—

(1) to offer or expose any article for sale in the Supreme

Court Building or grounds;

(2) to display a sign, placard, or other form of advertisement

in the Building or grounds; or

(3) to solicit fares, alms, subscriptions, or contributions in

the Building or grounds.

§ 6133. Property in the Supreme Court Building and grounds

It is unlawful to step or climb on, remove, or in any way injure

any statue, seat, wall, fountain, or other erection or architectural

feature, or any tree, shrub, plant, or turf, in the Supreme Court

Building or grounds.

§ 6134. Firearms, fireworks, speeches, and objectionable language in the Supreme Court Building and

grounds

It is unlawful to discharge a firearm, firework or explosive, set

fire to a combustible, make a harangue or oration, or utter loud,

threatening, or abusive language in the Supreme Court Building

or grounds.

§ 6135. Parades, assemblages, and display of flags in the

Supreme Court Building and grounds

It is unlawful to parade, stand, or move in processions or assemblages in the Supreme Court Building or grounds, or to display

in the Building and grounds a flag, banner, or device designed

or adapted to bring into public notice a party, organization, or

movement.

§ 6136. Suspension of prohibitions against use of Supreme

Court grounds

To allow the observance of authorized ceremonies in the Supreme

Court Building and grounds, the Marshal of the Supreme Court

may suspend for those occasions any of the prohibitions contained

in this subchapter as may be necessary for the occasion if— (1) responsible officers have been appointed; and

(2) the Marshal determines that adequate arrangements have

been made— (A) to maintain suitable order and decorum in the proceedings; and

(B) to protect the Supreme Court Building and grounds

and individuals and property in the Building and grounds.

§ 6137. Penalties

(a) IN GENERAL.—An individual who violates this subchapter,

or a regulation prescribed under section 6102 of this title, shall

be fined under title 18, imprisoned not more than 60 days, or

both.

(b) VENUE AND PROCEDURE.—Prosecution for a violation described

in subsection (a) shall be in the Superior Court of the District

of Columbia, on information by the United States Attorney or

an Assistant United States Attorney.

(c) OFFENSES INVOLVING PROPERTY DAMAGE OVER $100.—If

during the commission of a violation described in subsection (a),

116 STAT. 1184 PUBLIC LAW 107–217—AUG. 21, 2002

public property is damaged in an amount exceeding $100, the

period of imprisonment for the offense may be not more than

five years.

CHAPTER 63—SMITHSONIAN INSTITUTION, NATIONAL

GALLERY OF ART, AND JOHN F. KENNEDY CENTER

FOR THE PERFORMING ARTS

Sec.

6301. Definition.

6302. Public use of grounds.

6303. Unlawful activities.

6304. Additional regulations.

6305. Suspension of regulations.

6306. Policing of buildings and grounds.

6307. Penalties.

§ 6301. Definition

In this chapter, the term ‘‘specified buildings and grounds’’ means—

(1) SMITHSONIAN INSTITUTION.—The Smithsonian Institution

and its grounds, which include the following:

(A) SMITHSONIAN BUILDINGS AND GROUNDS ON THE

NATIONAL MALL.—The Smithsonian Building, the Arts and

Industries Building, the Freer Gallery of Art, the National

Air and Space Museum, the National Museum of Natural

History, the National Museum of American History, the

National Museum of the American Indian, the Hirshhorn

Museum and Sculpture Garden, the Arthur M. Sackler

Gallery, the National Museum of African Art, the S. Dillon

Ripley Center, and all other buildings of the Smithsonian

Institution within the Mall, including the entrance walks,

unloading areas, and other pertinent service roads and

parking areas.

(B) NATIONAL ZOOLOGICAL PARK.—The National Zoological Park comprising all the buildings, streets, service

roads, walks, and other areas within the boundary fence

of the National Zoological Park in the District of Columbia

and including the public space between that fence and

the face of the curb lines of the adjacent city streets.

(C) OTHER SMITHSONIAN BUILDINGS AND GROUNDS.—All

other buildings, service roads, walks, and other areas

within the exterior boundaries of any real estate or land

or interest in land (including temporary use) that the

Smithsonian Institution acquires and that the Secretary

of the Smithsonian Institution determines to be necessary

for the adequate protection of individuals or property in

the Smithsonian Institution and suitable for administration

as a part of the Smithsonian Institution.

(2) NATIONAL GALLERY OF ART.—The National Gallery of Art

and its grounds, which extend—

(A) to the line of the face of the south curb of Constitution

Avenue Northwest, between Seventh Street Northwest, and

Fourth Street Northwest, to the line of the face of the

west curb of Fourth Street Northwest, between Constitution Avenue Northwest, and Madison Drive Northwest;

to the line of the face of the north curb of Madison Drive

Northwest, between Fourth Street Northwest, and Seventh

Street Northwest; and to the line of the face of the east

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1185

curb of Seventh Street Northwest, between Madison Drive

Northwest, and Constitution Avenue Northwest;

(B) to the line of the face of the south curb of Pennsylvania Avenue Northwest, between Fourth Street and Third

Street Northwest, to the line of the face of the west curb

of Third Street Northwest, between Pennsylvania Avenue

and Madison Drive Northwest, to the line of the face of

the north curb of Madison Drive Northwest, between Third

Street and Fourth Street Northwest, and to the line of

the face of the east curb of Fourth Street Northwest,

between Pennsylvania Avenue and Madison Drive Northwest; and

(C) to the line of the face of the south curb of Constitution

Avenue Northwest, between Ninth Street Northwest and

Seventh Street Northwest; to the line of the face of the

west curb of Seventh Street Northwest, between Constitution Avenue Northwest and Madison Drive Northwest; to

the line of the face of the north curb of Madison Drive

Northwest, between Seventh Street Northwest and the line

of the face of the east side of the east retaining wall

of the Ninth Street Expressway Northwest; and to the

line of the face of the east side of the east retaining wall

of the Ninth Street Expressway Northwest, between Madison Drive Northwest and Constitution Avenue Northwest.

(3) JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS.—

The John F. Kennedy Center for the Performing Arts, which

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.

§ 6302. Public use of grounds

Public travel in, and occupancy of, the grounds specified under

section 6301 of this title are restricted to the sidewalks and other

paved surfaces, except in the National Zoological Park.

§ 6303. Unlawful activities

(a) DISPLAYS AND SOLICITATIONS.—It is unlawful for anyone other

than an authorized employee or concessionaire to carry out any

of the following activities within the specified buildings and

grounds:

(1) Offer or expose any article for sale.

(2) Display any sign, placard, or other form of advertisement.

(3) Solicit alms, subscriptions, or contributions.

(b) TOUCHING OF, OR INJURIES TO, PROPERTY.—It is unlawful

for anyone—

116 STAT. 1186 PUBLIC LAW 107–217—AUG. 21, 2002

(1) other than an authorized employee, to touch or handle

objects of art or scientific or historical objects on exhibition

within the specified buildings or grounds; or

(2) to step or climb on, remove, or in any way injure any

object of art, exhibit (including an exhibit animal), equipment,

seat, wall, fountain, or other erection or architectural feature,

or any tree, shrub, plant, or turf, within the specified buildings

or grounds.

§ 6304. Additional regulations

(a) AUTHORITY TO PRESCRIBE ADDITIONAL REGULATIONS.—In

addition to the restrictions and requirements specified in sections

6302 and 6303 of this title, the Secretary of the Smithsonian Institution, the Trustees of the National Gallery of Art, and the Trustees

of the John F. Kennedy Center for the Performing Arts may prescribe for their respective agencies regulations necessary for— (1) the adequate protection of the specified buildings and

grounds and individuals and property in those buildings and

grounds; and

(2) the maintenance of suitable order and decorum within

the specified buildings and grounds, including the control of

traffic and parking of vehicles in the National Zoological Park

and all other areas in the District of Columbia under their

control.

(b) PUBLICATION IN FEDERAL REGISTER.—A regulation prescribed

under this section shall be published in the Federal Register and

is not effective until the expiration of 10 days after the date of

publication.

§ 6305. Suspension of regulations

To allow authorized services, training programs, and ceremonies

in the specified buildings and grounds, the Secretary of the Smithsonian Institution, the Trustees of the National Gallery of Art, and

the Trustees of the John F. Kennedy Center for the Performing

Arts (or their designees) may suspend for their respective agencies

any of the prohibitions contained in sections 6302 and 6303 of

this title as may be necessary for the occasion or circumstance

if—

(1) responsible officers have been appointed; and

(2) the Secretary of the Smithsonian Institution, the Trustees

of the National Gallery of Art, and the Trustees of the John

F. Kennedy Center for the Performing Arts (or their designees)

determine that adequate arrangements have been made—

(A) to maintain suitable order and decorum in the proceedings; and

(B) to protect the specified buildings and grounds and

persons and property in those buildings and on those

grounds.

§ 6306. Policing of buildings and grounds

(a) DESIGNATION OF EMPLOYEES AS SPECIAL POLICE.—Subject to

section 5375 of title 5, the Secretary of the Smithsonian Institution,

the Trustees of the National Gallery of Art, and the Trustees

of the John F. Kennedy Center for the Performing Arts (or their

designees) may designate employees of their respective agencies

as special police, without additional compensation, for duty in

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1187

connection with the policing of their respective specified buildings

and grounds.

(b) POWERS.—The employees designated as special police under

subsection (a)— (1) may, within the specified buildings and grounds, enforce,

and make arrests for violations of, sections 6302 and 6303

of this title, any regulation prescribed under section 6304 of

this title, federal or state law, or any regulation prescribed

under federal or state law; and

(2) may enforce concurrently with the United States Park

Police the laws and regulations applicable to the National Capital Parks, and may make arrests for violations of sections

6302 and 6303 of this title, within the several areas located

within the exterior boundaries of the face of the curb lines

of the squares within which the specified buildings and grounds

are located.

(c) UNIFORMS AND OTHER EQUIPMENT.—The employees designated

as special police under subsection (a) may be provided, without

charge, with uniforms and other equipment as may be necessary

for the proper performance of their duties, including badges,

revolvers, and ammunition.

§ 6307. Penalties

(a) IN GENERAL.—

(1) PENALTY.—A person violating section 6302 or 6303 of

this title, or a regulation prescribed under section 6304 of

this title, shall be fined under title 18, imprisoned for not

more than 60 days, or both.

(2) PROCEDURE.—Prosecution for an offense under this subsection shall be in the Superior Court of the District of

Columbia, by information by the United States Attorney or

an Assistant United States Attorney.

(b) OFFENSES INVOLVING PROPERTY DAMAGE OVER $100.—

(1) PENALTY.—If in the commission of a violation described

in subsection (a), property is damaged in an amount exceeding

$100, the period of imprisonment for the offense may be not

more than five years.

(2) VENUE AND PROCEDURE.—Prosecution of an offense under

this subsection shall be in the United States District Court

for the District of Columbia by indictment. Prosecution may

be on information by the United States Attorney or an Assistant

United States Attorney if the defendant, after being advised

of the nature of the charge and of rights of the defendant,

waives in open court prosecution by indictment.

CHAPTER 65—THURGOOD MARSHALL FEDERAL

JUDICIARY BUILDING

Sec.

6581. Definition.

6502. Thurgood Marshall Federal Judiciary Building.

6503. Commission for the Judiciary Office Building.

6504. Lease of building.

6505. Structural and mechanical care and security.

6506. Allocation of space.

6507. Account in Treasury.

116 STAT. 1188 PUBLIC LAW 107–217—AUG. 21, 2002

§ 6501. Definition

In this chapter, the term ‘‘Chief Justice’’ means the Chief Justice

of the United States or the designee of the Chief Justice, except

that when there is a vacancy in the office of the Chief Justice,

the most senior associate justice of the Supreme Court shall be

deemed to be the Chief Justice for purposes of this chapter until

the vacancy is filled.

§ 6502. Thurgood Marshall Federal Judiciary Building

(a) ESTABLISHMENT AND DESIGNATION.—There is a Federal

Judiciary Building in Washington, D.C., known and designated

as the ‘‘Thurgood Marshall Federal Judiciary Building’’.

(b) TITLE.—

(1) SQUARES 721 AND 722.—Title to squares 721 and 722

remains in the Federal Government.

(2) BUILDING.—Title to the Building and other improvements

constructed or otherwise made immediately reverts to the

Government at the expiration of not more than 30 years from

the effective date of the lease agreement referred to in section

6504 of this title without payment of any compensation by

the Government.

(c) LIMITATIONS.—

(1) SIZE OF BUILDING.—The Building (excluding parking facilities) may not exceed 520,000 gross square feet in size above

the level of Columbia Plaza in the District of Columbia.

(2) HEIGHT OF BUILDING.—The height of the Building and

other improvements shall be compatible with the height of

surrounding Government and historic buildings and conform

to the provisions of the Act of June 1, 1910 (ch. 263, 36

Stat. 452) (known as the Building Height Act of 1910).

(3) DESIGN.—The Building and other improvements shall—

(A) be designed in harmony with historical and Government buildings in the vicinity;

(B) reflect the symbolic importance and historic character

of the United States Capitol and other buildings on the

United States Capitol Grounds; and

(C) represent the dignity and stability of the Government.

(d) APPROVAL OF CHIEF JUSTICE.—All final decisions regarding

architectural design of the Building are subject to the approval

of the Chief Justice.

(e) CHILLED WATER AND STEAM FROM CAPITOL POWER PLANT.—

If the Building is connected with the Capitol Power Plant, the

Architect of the Capitol shall furnish chilled water and steam

from the Plant to the Building on a reimbursable basis.

(f) CONSTRUCTION STANDARDS.—The Building and other improvements constructed under this chapter shall meet all standards

applicable to construction of a federal building.

(g) ACCOUNTING SYSTEM.—The Architect shall maintain an

accounting system for operation and maintenance of the Building

and other improvements which will allow accurate projections of

the dates and cost of major repairs, improvements, reconstructions,

and replacements of the Building and improvements and other

capital expenditures on the Building and improvements.

(h) NONAPPLICABILITY OF CERTAIN LAWS.— (1) BUILDING CODES, PERMITS, OR INSPECTION.—The Building

is not subject to any law of the District of Columbia relating

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1189

to building codes, permits, or inspection, including any such

law enacted by Congress.

(2) TAXES.—The Building and other improvements constructed under this chapter are not subject to any law of the

District of Columbia relating to real estate and personal property taxes, special assessments, or other taxes, including any

such law enacted by Congress.

§ 6503. Commission for the Judiciary Office Building

(a) ESTABLISHMENT AND MEMBERSHIP.—There is a Commission

for the Judiciary Office Building, composed of the following 13

members or their designees:

(1) Two individuals appointed by the Chief Justice from

among justices of the Supreme Court and other judges of the

United States.

(2) The members of the House Office Building Commission.

(3) The majority leader and minority leader of the Senate.

(4) The Chairman and the ranking minority member of the

Senate Committee on Rules and Administration.

(5) The Chairman and the ranking minority member of the

Senate Committee on Environment and Public Works.

(6) The Chairman and ranking minority member of the Committee on Transportation and Infrastructure of the House of

Representatives.

(b) QUORUM.—Seven members of the Commission is a quorum.

(c) DUTIES.—The Commission is responsible for the supervision

of the design, construction, operation, maintenance, structural,

mechanical, and domestic care, and security of the Thurgood Marshall Federal Judiciary Building. The Commission shall prescribe

regulations to govern the actions of the Architect of the Capitol

under this chapter and to govern the use and occupancy of all

space in the Building.

§ 6504. Lease of building

(a) LEASE AGREEMENT.—Under an agreement with the person

selected to construct the Thurgood Marshall Federal Judiciary

Building, the Architect of the Capitol shall lease the Building to

carry out the objectives of this chapter.

(b) MINIMUM REQUIREMENTS OF LEASE AGREEMENT.—The agreement includes at a minimum the following:

(1) LIMIT ON LENGTH OF LEASE.—The Architect will lease

the Building and other improvements for not more than 30

years from the effective date of the agreement.

(2) RENTAL RATE.—The rental rate per square foot of occupiable space for all space in the Building and other improvements

will be in the best interest of the Federal Government and

will carry out the objectives of this chapter. The aggregate

rental rate for all space in the Building and other improvements

shall produce an amount at least equal to the amount necessary

to amortize the cost of development of squares 721 and 722

in the District of Columbia over the life of the lease.

(3) AUTHORITY TO MAKE SPACE AVAILABLE AND SUBLEASE

SPACE.—The Architect may make space available and sublease

space in the Building and other improvements in accordance

with section 6506 of this title.

116 STAT. 1190 PUBLIC LAW 107–217—AUG. 21, 2002

(4) OTHER TERMS AND CONDITIONS.—The agreement contains

terms and conditions the Architect prescribes to carry out the

objectives of this chapter.

(c) OBLIGATION OF AMOUNTS.—Obligation of amounts for lease

payments under this section may only be made—

(1) on an annual basis; and

(2) from the account described in section 6507 of this title.

§ 6505. Structural and mechanical care and security

(a) STRUCTURAL AND MECHANICAL CARE.—The Architect of the

Capitol, under the direction of the Commission for the Judiciary

Office Building—

(1) is responsible for the structural and mechanical care

and maintenance of the Thurgood Marshall Federal Judiciary

Building and improvements, including the care and maintenance of the grounds of the Building, in the same manner

and to the same extent as for the structural and mechanical

care and maintenance of the Supreme Court Building under

section 6111 of this title; and

(2) shall perform all other duties and work required for

the operation and domestic care of the Building and improvements.

(b) SECURITY.—

(1) CAPITOL POLICE.—The United States Capitol Police—

(A) are responsible for all exterior security of the Building

and other improvements constructed under this chapter;

and

(B) may police the Building and other improvements,

including the interior and exterior, and may make arrests

within the interior and exterior of the Building and other

improvements for any violation of federal or state law

or the laws of the District of Columbia, or any regulation

prescribed under any of those laws.

(2) MARSHAL OF THE SUPREME COURT.—This chapter does

not interfere with the obligation of the Marshal of the Supreme

Court to protect justices, officers, employees, or other personnel

of the Supreme Court who may occupy the Building and other

improvements.

(3) REIMBURSEMENT.—The Architect shall transfer from the

account described in section 6507 of this title amounts necessary to reimburse the United States Capitol Police for

expenses incurred in providing exterior security under this

subsection. The Capitol Police may accept amounts the

Architect transfers under this paragraph. Those amounts shall

be credited to the appropriation account charged by the Capitol

Police in carrying out security duties.

§ 6506. Allocation of space

(a) PRIORITY.—

(1) JUDICIAL BRANCH.—Subject to this section, the Architect

of the Capitol shall make available to the judicial branch of

the Federal Government all space in the Thurgood Marshall

Federal Judiciary Building and other improvements constructed

under this chapter. The space shall be made available on a

reimbursable basis and substantially in accordance with the

report referred to in section 3(b)(1) of the Judiciary Office

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1191

Building Development Act (Public Law 100–480, 102 Stat.

2330).

(2) OTHER FEDERAL GOVERNMENTAL ENTITIES.—The Architect

may make available to federal governmental entities which

are not part of the judicial branch and which are not staff

of Members of Congress or congressional committees any space

in the Building and other improvements that the Chief Justice

decides is not needed by the judicial branch. The space shall

be made available on a reimbursable basis.

(3) OTHER PERSONS.—If any space remains, the Architect

may sublease it pursuant to subsection (e), under the direction

of the Commission for the Judiciary Office Building, to any

person.

(b) SPACE FOR JUDICIAL BRANCH AND OTHER FEDERAL GOVERNMENTAL ENTITIES.—Space made available under subsection (a)(1)

or (2) is subject to—

(1) terms and conditions necessary to carry out the objectives

of this chapter; and

(2) reimbursement at the rate established under section

6504(b)(2) of this title plus an amount necessary to pay each

year for the cost of administering the Building and other

improvements (including the cost of operation, maintenance,

rehabilitation, security, and structural, mechanical, and

domestic care) that is attributable to the space, with the amount

to be determined by the Architect and—

(A) in the case of the judicial branch, the Director of

the Administrative Office of the United States Courts; or

(B) in the case of any federal governmental entity not

a part of the judicial branch, the entity.

(c) SPACE FOR JUDICIAL BRANCH.—

(1) ASSIGNMENT OF SPACE WITHIN JUDICIAL BRANCH.—The

Director may assign space made available to the judicial branch

under subsection (a)(1) among offices of the judicial branch

as the Director considers appropriate.

(2) VACATING OCCUPIED SPACE.—When the Chief Justice notifies the Architect that the judicial branch requires additional

space in the Building and other improvements, the Architect

shall accommodate those requirements within 90 days after

the date of the notification, except that if the space was made

available to the Administrator of General Services, it shall

be vacated expeditiously by not later than a date the Chief

Justice and the Administrator agree on.

(3) UNOCCUPIED SPACE.—The Chief Justice has the right

of first refusal to use unoccupied space in the Building to

meet the needs of the judicial branch.

(d) LEASE BY ARCHITECT.—

(1) AUTHORITY TO LEASE.—Subject to approval by the

Committees on Appropriations of the House of Representatives

and the Senate, the House Office Building Commission, and

the Committee on Rules and Administration of the Senate,

the Architect may lease and occupy not more than 75,000

square feet of space in the Building.

(2) PAYMENTS.—Payments under the lease shall be made

on vouchers the Architect approves. Necessary amounts may

be appropriated—

116 STAT. 1192 PUBLIC LAW 107–217—AUG. 21, 2002

(A) to the Architect to carry out this subsection, including

amounts for acquiring and installing furniture and furnishings; and

(B) to the Sergeant at Arms of the Senate to plan for,

acquire, and install telecommunications equipment and

services for the Architect with respect to space leased under

this subsection.

(e) SUBLEASED SPACE.— (1) RENTAL RATE.—Space subleased by the Architect under

subsection (a)(3) is subject to reimbursement at a rate which

is comparable to prevailing rental rates for similar facilities

in the area but not less than the rate established under section

6504(b)(2) of this title plus an amount the Architect and the

person subleasing the space agree is necessary to pay each

year for the cost of administering the Building (including the

cost of operation, maintenance, rehabilitation, security, and

structural, mechanical, and domestic care) that is attributable

to the space.

(2) LIMITATION.—A sublease under subsection (a)(3) must

be compatible with the dignity and functions of the judicial

branch offices housed in the Building and must not unduly

interfere with the activities and operations of the judicial

branch agencies housed in the Building. Sections 5104(c) and

5108 of this title do not apply to any space in the Building

and other improvements subleased to a non-Government tenant

under subsection (a)(3).

(3) COLLECTION OF RENT.—The Architect shall collect rent

for space subleased under subsection (a)(3).

(f) DEPOSIT OF RENT AND REIMBURSEMENTS.—Amounts received

under subsection (a)(3) (including lease payments and reimbursements) shall be deposited in the account described in section 6507

of this title.

§ 6507. Account in Treasury

(a) ESTABLISHMENT AND CONTENTS OF SEPARATE ACCOUNT.— There is a separate account in the Treasury. The account includes

all amounts deposited in the account under section 6506(f) of this

title and amounts appropriated to the account. However, the appropriated amounts may not be more than $2,000,000.

(b) USE OF AMOUNTS.—Amounts in the account are available

to the Architect of the Capitol—

(1) for paying expenses for structural, mechanical, and

domestic care, maintenance, operation, and utilities of the

Thurgood Marshall Federal Judiciary Building and other

improvements constructed under this chapter;

(2) for reimbursing the United States Capitol Police for

expenses incurred in providing exterior security for the Building

and other improvements;

(3) for making lease payments under section 6504 of this

title; and

(4) for necessary personnel (including consultants).

CHAPTER 67—PENNSYLVANIA AVENUE DEVELOPMENT

SUBCHAPTER I—TRANSFER AND ASSIGMENT OF RIGHTS, AUTHORITIES,

TITLE, AND INTERESTS

Sec.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1193

6701. Transfer of rights and authorities of Pennsylvania Avenue Development Corporation.

6702. Transfer and assignment of rights, title, and interests in property.

SUBCHAPTER II—PENNSYLVANIA AVENUE DEVELOPMENT

6711. Definition.

6712. Powers of other agencies and instrumentalities in the development area.

6713. Certification of new construction.

6714. Relocation services.

6715. Coordination with District of Columbia.

6716. Reports.

SUBCHAPTER III—FEDERAL TRIANGLE DEVELOPMENT

6731. Definitions.

6732. Federal Triangle development area.

6733. Federal Triangle property.

6734. Ronald Reagan Building and International Trade Center.

SUBCHAPTER I—TRANSFER AND ASSIGMENT OF RIGHTS,

AUTHORITIES, TITLE, AND INTERESTS

§ 6701. Transfer of rights and authorities of Pennsylvania

Avenue Development Corporation

(a) IN GENERAL.—The Administrator of General Services— (1) may make and perform transactions with an agency or

instrumentality of the Federal Government, a State, the District

of Columbia, or any person as necessary to carry out the trade

center plan at the Federal Triangle Project; and

(2) has all the rights and authorities of the former Pennsylvania Avenue Development Corporation with regard to property

transferred from the Corporation to the General Services

Administration in fiscal year 1996.

(b) USE OF AMOUNTS AND INCOME.—

(1) ACTIVITIES ASSOCIATED WITH TRANSFERRED RESPONSIBILITIES.—The Administrator may use amounts transferred from

the Corporation or income earned on Corporation property for

activities associated with carrying out the responsibilities of

the Corporation transferred to the Administrator. Any income

earned after October 1, 1998, shall be deposited to the Federal

Buildings Fund to be available for the purposes authorized

under this subchapter, notwithstanding section 592(c)(1) of this

title.

(2) EXCESS AMOUNTS OR INCOME.—Any amounts or income

the Administrator considers excess to the amount needed to

fulfill the responsibilities of the Corporation transferred to the

Administrator shall be applied to any outstanding debt the

Corporation incurred when acquiring real estate, except debt

associated with the Ronald Reagan Building and International

Trade Center.

(c) PAYMENT TO DISTRICT OF COLUMBIA.—With respect to real

property transferred from the Corporation to the Administrator

under section 6702 of this title, the Administrator shall pay to

the District of Columbia government, in the same way as previously

paid by the Corporation, an amount equal to the amount of real

property tax which would have been payable to the government

beginning on the date the Corporation acquired the real property

if legal title to the property had been held by a private citizen

on that date and during all periods to which that date relates.

116 STAT. 1194 PUBLIC LAW 107–217—AUG. 21, 2002

§ 6702. Transfer and assignment of rights, title, and interests

in property

(a) IN GENERAL.—

(1) LEASES, COVENANTS, AGREEMENTS, AND EASEMENTS.—As

provided in this section, the General Services Administration,

the National Capital Planning Commission, and the National

Park Service have the rights, title, and interest of the Pennsylvania Avenue Development Corporation in and to all leases,

covenants, agreements, and easements the Corporation

executed before April 1, 1996, in carrying out its powers and

duties under the Pennsylvania Avenue Development Corporation Act of 1972 (Public Law 92–578, 86 Stat. 1266) and the

Federal Triangle Development Act (Public Law 100–113, 101

Stat. 735).

(2) PROPERTY.—The Administration has the rights, title, and

interest of the Corporation in and to all property held in the

name of the Corporation, except as provided in subsection (c).

(b) GENERAL SERVICES ADMINISTRATION.—

(1) RESPONSIBILITIES.—The responsibilities of the Corporation

transferred to the Administration under subsection (a)

include—

(A) the collection of revenue owed the Federal Government as a result of real estate sales or lease agreements

made by the Corporation and private parties, including—

(i) the Willard Hotel property on Square 225;

(ii) the Gallery Row project on Square 457;

(iii) the Lansburgh’s project on Square 431; and

(iv) the Market Square North project on Square 407;

(B) the collection of sale or lease revenue owed the

Government from the sale or lease before April 1, 1996,

of two undeveloped sites owned by the Corporation on

Squares 457 and 406;

(C) the application of collected revenue to repay Treasury

debt the Corporation incurred when acquiring real estate;

(D) performing financial audits for projects in which the

Corporation has actual or potential revenue expectation,

as identified in subparagraphs (A) and (B), in accordance

with procedures described in applicable sale or lease agreements;

(E) the disposition of real estate properties which are

or become available for sale and lease or other uses;

(F) payment of benefits in accordance with the Uniform

Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) to which persons

in the project area squares are entitled as a result of

the Corporation’s acquisition of real estate; and

(G) carrying out the responsibilities of the Corporation

under subchapter III and the Federal Triangle Development Act (Public Law 100–113, 101 Stat. 735), including

responsibilities for managing assets and liabilities of the

Corporation under subchapter III and the Act.

(2) POWERS.—In carrying out the responsibilities of the Corporation transferred under this section, the Administrator of

General Services may—

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1195

(A) acquire land, improvements, and property by purchase, lease or exchange, and sell, lease, or otherwise dispose of any property, as necessary to complete the development plan developed under section 5 of the Pennsylvania

Avenue Development Corporation Act of 1972 (Public Law

92–578, 86 Stat. 1269) if a notice of intention to carry

out the acquisition or disposal is first transmitted to the

Committee on Transportation and Infrastructure and the

Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works

and the Committee on Appropriations of the Senate and

at least 60 days elapse after the date of the transmission;

(B) modify the plan referred to in subparagraph (A) if

the modification is first transmitted to the Committee on

Transportation and Infrastructure and the Committee on

Appropriations of the House of Representatives and the

Committee on Environment and Public Works and the

Committee on Appropriations of the Senate and at least

60 days elapse after the date of the transmission;

(C) maintain any existing Corporation insurance programs;

(D) make and perform transactions with an agency or

instrumentality of the Federal Government, a State, the

District of Columbia, or any person as necessary to carry

out the responsibilities of the Corporation under subchapter

III and the Federal Triangle Development Act (Public Law

100–113, 101 Stat. 735);

(E) request the Council of the District of Columbia to

close any alleys necessary for the completion of development in Square 457; and

(F) use all of the amount transferred from the Corporation or income earned on Corporation property to complete

any pending development projects.

(c) NATIONAL PARK SERVICE.—

(1) PROPERTY.—The National Park Service has the right,

title, and interest in and to the property located in the Pennsylvania Avenue National Historic Site, including the parks,

plazas, sidewalks, special lighting, trees, sculpture, and memorials, depicted on a map entitled ‘‘Pennsylvania Avenue

National Historic Park’’, dated June 1, 1995, and numbered

840–82441. The map shall be on file and available for public

inspection in the offices of the Service.

(2) RESPONSIBILITIES.—The Service is responsible for management, administration, maintenance, law enforcement, visitor

services, resource protection, interpretation, and historic

preservation at the Site.

(3) SPECIAL EVENTS, FESTIVALS, CONCERTS, OR PROGRAMS.—

The Service may—

(A) make transactions with an agency or instrumentality

of the Government, a State, the District of Columbia, or

any person as considered necessary or appropriate for the

conduct of special events, festivals, concerts, or other art

and cultural programs at the Site; or

(B) establish a nonprofit foundation to solicit amounts

for those activities.

(4) JURISDICTION OF DISTRICT OF COLUMBIA.—Jurisdiction of

Pennsylvania Avenue and all other roadways from curb to

116 STAT. 1196 PUBLIC LAW 107–217—AUG. 21, 2002

curb remains with the District of Columbia but vendors are

not permitted to occupy street space except during temporary

special events.

(d) NATIONAL CAPITAL PLANNING COMMISSION.—The National

Capital Planning Commission is responsible for ensuring that

development in the Pennsylvania Avenue area is carried out in

accordance with the Pennsylvania Avenue Development Corporation

Plan—1974.

SUBCHAPTER II—PENNSYLVANIA AVENUE DEVELOPMENT

§ 6711. Definition

In this subchapter, the term ‘‘development area’’ means the area

to be developed, maintained, and used in accordance with this

subchapter and the Pennsylvania Avenue Development Corporation

Act of 1972 (Public Law 92–578, 86 Stat. 1266) and is the area

bounded as follows:

Beginning at a point on the southwest corner of the intersection of Fifteenth Street and E Street Northwest;

thence proceeding east along the southern side of E Street

to the southwest corner of the intersection of Thirteenth Street

and Pennsylvania Avenue Northwest;

thence southeast along the southern side of Pennsylvania

Avenue to a point being the southeast corner of the intersection

of Pennsylvania Avenue and Third Street Northwest;

thence north along the eastern side of Third Street to the

northeast corner of the intersection of C Street and Third

Street Northwest;

thence west along the northern side of C Street to the northeast corner of the intersection of C Street and Sixth Street

Northwest;

thence north along the eastern side of Sixth Street to the

northeast corner of the intersection of E Street and Sixth Street

Northwest;

thence west along the northern side of E Street to the northeast corner of the intersection of E Street and Seventh Street

Northwest;

thence north along the eastern side of Seventh Street to

the northeast corner of the intersection of Seventh Street and

F Street Northwest;

thence west along the northern side of F Street to the northwest corner of the intersection of F Street and Ninth Street

Northwest;

thence south along the western side of Ninth Street to the

northwest corner of the intersection of Ninth Street and E

Street Northwest;

thence west along the northern side of E Street to the northeast corner of the intersection of E Street and Thirteenth Street

Northwest;

thence north along the eastern side of Thirteenth Street

to the northeast corner of the intersection of F Street and

Thirteenth Street Northwest;

thence west along the northern side of F Street to the northwest corner of the intersection of F Street and Fifteenth Street

Northwest;

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1197

thence north along the western side of Fifteenth Street to

the northwest corner of the intersection of Pennsylvania Avenue

and Fifteenth Street Northwest;

thence west along the southern side of Pennsylvania Avenue

to the southeast corner of the intersection of Pennsylvania

Avenue and East Executive Avenue Northwest;

thence south along the eastern side of East Executive Avenue

to the intersection of South Executive Place and E Street Northwest;

thence east along the southern side of E Street to the point

of beginning.

§ 6712. Powers of other agencies and instrumentalities in

the development area

This subchapter and the Pennsylvania Avenue Development Corporation Act of 1972 (Public Law 92–578, 86 Stat. 1266) do not

preclude other agencies or instrumentalities of the Federal Government or of the District of Columbia from exercising any lawful

powers in the development area consistent with the development

plan described in section 5(a) of the Act (86 Stat. 1269) or the

provisions and purposes of this subchapter and the Act. However,

the agency or instrumentality shall not release, modify, or depart

from any feature or detail of the development plan without the

prior approval of the Administrator of General Services.

§ 6713. Certification of new construction

New construction (including substantial remodeling, conversion,

rebuilding, enlargement, extension, or major structural improvement of existing building, but not including ordinary maintenance

or remodeling or changes necessary to continue occupancy) shall

not be authorized or conducted within the development area except

on prior certification by the Administrator of General Services that

the construction is, or may reasonably be expected to be, consistent

with the carrying out of the development plan described in section

5(a) of the Pennsylvania Avenue Development Corporation Act of

1972 (Public Law 92–578, 86 Stat. 1269).

§ 6714. Relocation services

(a) USE OF DISTRICT OF COLUMBIA GOVERNMENT.—The Administrator of General Services may use the services of the District

of Columbia government in the administration of a relocation program pursuant to the Uniform Relocation Assistance and Real

Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

The Administrator shall reimburse the government for the cost

of the services.

(b) COORDINATION OF RELOCATION PROGRAMS.—All relocation

services performed by or on behalf of the Administrator shall be

coordinated with the District of Columbia’s central relocation programs.

(c) PREFERENTIAL RIGHTS OF DISPLACED OWNERS AND TENANTS.— An owner or tenant of real property whose residence or business

is terminated as a result of acquisitions made pursuant to this

subchapter or the Pennsylvania Avenue Development Corporation

Act of 1972 (Public Law 92–578, 86 Stat. 1266) shall be granted

a preferential right to lease or purchase from the Administrator

similar real property as may become available for a similar use.

116 STAT. 1198 PUBLIC LAW 107–217—AUG. 21, 2002

The preferential right is limited to the parties in interest and

is not transferable or assignable.

§ 6715. Coordination with District of Columbia

(a) LOCAL NEEDS, INITIATIVE, AND PARTICIPATION.—In carrying

out the purposes of this subchapter and the Pennsylvania Avenue

Development Corporation Act of 1972 (Public Law 92–578, 86 Stat.

1266), the Administrator of General Services shall—

(1) consult and cooperate with District of Columbia officials

and community leaders at the earliest practicable time;

(2) give primary consideration to local needs and desires

and to local and regional goals and policies as expressed in

urban renewal, community renewal, and comprehensive land

use plans and regional plans; and

(3) foster local initiative and participation in connection with

the planning and development of projects.

(b) COMPLIANCE WITH LOCAL REQUIREMENTS.—To the extent the

Administrator constructs, rehabilitates, alters, or improves any

project under this subchapter, the Administrator shall comply with

all District of Columbia laws, ordinances, codes, and regulations.

Section 8722(d) of this title applies to all construction, rehabilitation, alteration, and improvement of all buildings by the Administrator under this subchapter. Construction, rehabilitation, alteration, and improvement of any project by non-Federal Government

sources is subject to the District of Columbia Official Code and

zoning regulations.

§ 6716. Reports

(a) REPORTS TO PRESIDENT AND CONGRESS.—The Administrator

of General Services shall transmit comprehensive and detailed

reports of the Administrator’s operations, activities, and accomplishments under this subchapter to the President and Congress. The

Administrator shall transmit a report to the President each January

and to the President and Congress at other times that the Administrator considers desirable.

(b) PROTECTION AND ENHANCEMENT OF SIGNIFICANT HISTORIC

AND ARCHITECTURAL VALUES.—A report under subsection (a) shall

include a detailed discussion of the actions the Administrator has

taken in the reporting period to protect and enhance the significant

historic and architectural values of structures within the boundaries

of the Administrator’s jurisdiction under this subchapter and shall

indicate similar actions the Administrator plans to take and issues

the Administrator anticipates dealing with during the upcoming

fiscal year related to historic and architectural preservation. The

report shall indicate the degree to which public concern has been

considered and incorporated into decisions the Administrator made

relative to historic and architectural preservation.

SUBCHAPTER III—FEDERAL TRIANGLE DEVELOPMENT

§ 6731. Definitions

In this subchapter—

(1) FEDERAL TRIANGLE DEVELOPMENT AREA.—The term ‘‘Federal Triangle development area’’ means the area bounded as

follows:

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1199

Beginning at a point on the southwest corner of the

intersection of Fourteenth Street and Pennsylvania Avenue

(formerly E Street), Northwest;

thence south along the western side of Fourteenth Street

to the northwest corner of the intersection of Fourteenth

Street and Constitution Avenue, Northwest;

thence east along the northern side of Constitution

Avenue to the northeast corner of the intersection of

Twelfth Street and Constitution Avenue, Northwest;

thence north along the eastern side of Twelfth Street

and Constitution Avenue, Northwest;

thence north along the eastern side of Twelfth Street

to the southeast corner of the intersection of Twelfth Street

and Pennsylvania Avenue, Northwest;

thence west along the southern side of Pennsylvania

Avenue to the point of beginning.

(2) FEDERAL TRIANGLE PROPERTY.—The term ‘‘Federal Triangle property’’ means—

(A) the property owned by the Federal Government in

the District of Columbia, known as the ‘‘Great Plaza’’ site,

which consists of squares 256, 257, 258, parts of squares

259 and 260, and adjacent closed rights-of-way as shown

on plate IV of the King Plats of 1803 located in the Office

of the Surveyor of the District of Columbia; and

(B) except for purposes of section 6733(a) of this title,

any property the Pennsylvania Avenue Development Corporation acquired under section 3(b) of the Federal Triangle

Development Act (Public Law 100–113, 101 Stat. 736).

§ 6732. Federal Triangle development area

The Federal Triangle development area is deemed to be part

of the development area described in section 6711 of this title.

The Administrator of General Services has the same authority

over the Federal Triangle development area as over the development

area described in section 6711.

§ 6733. Federal Triangle property

(a) TITLE.—Title to the Federal Triangle property reverts to the

Administrator of General Services not later than the date on which

ownership of the Ronald Reagan Building and International Trade

Center vests in the Federal Government.

(b) NONAPPLICABILITY OF CERTAIN LAWS.—

(1) BUILDING PERMITS AND INSPECTION.—For purposes of

development of the Federal Triangle property, the person

selected to develop the property is not subject to any state

or local law relating to building permits and inspection.

(2) TAXES AND ASSESSMENTS.—The property and improvements to the property are not subject to real and personal

property taxation or to special assessments.

§ 6734. Ronald Reagan Building and International Trade

Center

(a) ESTABLISHMENT AND DESIGNATION.—The building constructed

on the Federal Triangle property shall be known and designated

as the Ronald Reagan Building and International Trade Center.

(b) TITLE.—The person selected to develop the Federal Triangle

property may own the Building for not more than 35 years from

116 STAT. 1200 PUBLIC LAW 107–217—AUG. 21, 2002

the date construction of the Building began. The title to the Building

shall be in the Administrator of General Services from the date

title to the Federal Triangle property reverts to the Administrator.

(c) LIMITATIONS.— (1) SIZE OF BUILDING.—The Building (including parking facilities) may not exceed 3,100,000 gross square feet in size.

(2) HEIGHT OF BUILDING.—The height of the Building shall

be compatible with the height of surrounding Federal Government buildings.

(3) DESIGN.—The Building shall— (A) be designed in harmony with historical and Government buildings in the vicinity;

(B) reflect the symbolic importance and historic character

of Pennsylvania Avenue and the Nation’s Capital; and

(C) represent the dignity and stability of the Government.

(d) CONSTRUCTION STANDARDS.—The Building shall meet all

standards applicable to construction of a federal building.

(e) ACCOUNTING SYSTEM.—The Administrator shall maintain an

accounting system for operation and maintenance of the Building

which will allow accurate projections of the dates and cost of major

repairs, improvements, reconstructions, and replacements of the

Building and other capital expenditures on the Building. The

Administrator shall act as necessary to ensure that amounts are

available to cover the projected cost and expenditures.

(f) LEASE OF BUILDING.—

(1) LEASE AGREEMENT.—Under an agreement with the person

selected to construct the Ronald Reagan Building and International Trade Center, the Administrator shall lease the

Building for federal office space and the international cultural

and trade center space.

(2) MINIMUM REQUIREMENTS OF LEASE AGREEMENT.—The

agreement includes at a minimum the following:

(A) LIMIT ON LENGTH OF LEASE.—The Administrator will

lease the Building for the period of time that the person

selected to construct the Building owns the Building.

(B) RENTAL RATE.—The rental rate per square foot of

occupiable space for all space in the Building will be in

the best interest of the Government and will carry out

the objectives of this subchapter and the Federal Triangle

Development Act (Public Law 100–113, 101 Stat. 735).

The aggregate rental rate for all space in the Building

shall produce an amount at least equal to the amount

necessary to amortize the cost of development of the Federal Triangle property over the life of the lease.

(C) OBLIGATION OF AMOUNTS.—Obligation of amounts

from the Federal Building Fund shall only be made on

an annual basis to meet lease payments.

(3) AUTHORIZATION TO OBLIGATE AMOUNTS.—Amounts may

be obligated as described in paragraph (2)(C).

CHAPTER 69—UNION STATION REDEVELOPMENT

SUBCHAPTER I—UNION STATION COMPLEX

Sec.

6901. Definition.

6902. Assignment of right, title, and interest in the Union Station complex to the

Secretary of Transportation.

6903. Agreements and contracts.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1201

6904. Acquisition, maintenance, and use of property.

6905. Service on board of directors of Union Station Redevelopment Corporation.

6906. Union Station Fund.

6907. Use of other appropriated amounts.

6908. Parking facility.

6909. Supplying steam or chilled water to Union Station complex.

6910. Authorization of appropriations.

SUBCHAPTER II—NATIONAL VISITOR FACILITIES ADVISORY COMMISSION

6921. Establishment, composition, and meetings.

6922. Duties.

6923. Compensation and expenses.

6924. Reports and recommendations.

SUBCHAPTER I—UNION STATION COMPLEX

§ 6901. Definition

In this subchapter, the term ‘‘Union Station complex’’ means

real property, air rights, and improvements the Secretary of the

Interior leased under sections 101–110 of the National Visitors

Center Facilities Act of 1968 (Public Law 90–264, 82 Stat. 43)

and property acquired and improvements made in accordance with

this subchapter.

§ 6902. Assignment of right, title, and interest in the Union

Station complex to the Secretary of Transportation

The Secretary of Transportation has the right, title, and interest

in and to the Union Station complex, including all agreements

and leases made under sections 101–110 of the National Visitors

Center Facilities Act of 1968 (Public Law 90–264, 82 Stat. 43).

To the extent the Secretary of Transportation and the Secretary

of the Interior agree, the Secretary of the Interior may lease space

for visitor services.

§ 6903. Agreements and contracts

The Secretary of Transportation may make agreements and contracts, except an agreement or contract to sell property rights

at the Union Station complex, with a person, a federal, regional,

or local agency, or the Architect of the Capitol that the Secretary

considers necessary or desirable to carry out the purposes of this

subchapter.

§ 6904. Acquisition, maintenance, and use of property

(a) ACQUISITION.—The Secretary of Transportation may acquire

for the Federal Government an interest in real property (including

easements or reservations) and any other property interest

(including contract rights) in or relating or adjacent to the Union

Station complex that the Secretary considers necessary to carry

out the purposes of this subchapter.

(b) MAINTENANCE AND USE.—The Secretary may maintain, use,

operate, manage, and lease, either directly, by contract, or through

development agreements, any property interest the Secretary holds

or acquires for the Government under this subchapter in the

manner and subject to the terms, conditions, covenants, and easements that the Secretary considers necessary or desirable to carry

out the purposes of this subchapter.

116 STAT. 1202 PUBLIC LAW 107–217—AUG. 21, 2002

§ 6905. Service on board of directors of Union Station

Redevelopment Corporation

To further the rehabilitation, redevelopment, and operation of

the Union Station complex, the Secretary of Transportation and

the Administrator of the Federal Railroad Administration may serve

as ex officio members of the board of directors of the Union Station

Redevelopment Corporation.

§ 6906. Union Station Fund

(a) ESTABLISHMENT.—There is a special deposit account in the

Treasury known as the ‘‘Union Station Fund’’, which shall be

administered as a revolving fund.

(b) CONTENT.—The account shall be credited with receipts of

the Secretary of Transportation from activities authorized by this

subchapter.

(c) USE OF AMOUNTS.—The Secretary may use income and proceeds received from activities authorized by this subchapter,

including operating and leasing income and payments made to

the Federal Government under development agreements, to pay

expenses the Secretary incurs in carrying out the purposes of this

subchapter, including construction, acquisition, leasing, operation,

and maintenance expenses and payments made to developers under

development agreements.

(d) AVAILABILITY OF AMOUNTS.—The balance in the account is

available in amounts specified in annual appropriation laws for

making expenditures authorized by this subchapter.

§ 6907. Use of other appropriated amounts

(a) WAIVER OF COST SHARING REQUIREMENT.—The Secretary of

Transportation may use amounts appropriated under section

24909(a)(2)(A) of title 49 to carry out the purposes of this subchapter.

(b) BAN ON USING AMOUNTS FOR HELIPORT.—Amounts appropriated under section 24909 of title 49 may not be used for design,

construction, or operation of a heliport at or near Union Station.

§ 6908. Parking facility

(a) TITLE.—The Federal Government has the right, title, and

interest in and to the parking facility at Union Station.

(b) FEES.—The rate of fees charged for use of the facility may

exceed the rate required for maintenance and operation of the

facility. The rate shall be established in a manner that encourages

use of the facility by rail passengers and participants in activities

in the Union Station complex and area.

§ 6909. Supplying steam or chilled water to Union Station

complex

The Architect of the Capitol may make agreements with the

Secretary of Transportation to furnish steam, chilled water, or

both from the Capitol Power Plant to the Union Station complex,

at no expense to the legislative branch.

§ 6910. Authorization of appropriations

Amounts necessary to meet lease and other obligations, including

maintenance requirements, incurred by the Secretary of the Interior

and assigned to the Secretary of Transportation under this subchapter may be appropriated to the Secretary of Transportation.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1203

SUBCHAPTER II—NATIONAL VISITOR FACILITIES ADVISORY

COMMISSION

§ 6921. Establishment, composition, and meetings

(a) ESTABLISHMENT.—There is a National Visitor Facilities

Advisory Commission.

(b) COMPOSITION.— (1) MEMBERSHIP.—The Commission is composed of— (A) the Secretary of the Interior;

(B) the Administrator of General Services;

(C) the Secretary of the Smithsonian Institution;

(D) the Chairman of the National Capital Planning

Commission;

(E) the Chairman of the Commission of Fine Arts;

(F) six Members of the Senate, three from each party,

to be appointed by the President of the Senate;

(G) six Members of the House of Representatives, three

from each party, to be appointed by the Speaker of the

House of Representatives; and

(H) three individuals appointed by the President, at least

two of whom shall not be officers of the Federal Government, and one member of whom shall be a representative

of the District of Columbia government.

(2) CHAIRMAN.—The Secretary of the Interior serves as the

Chairman of the Commission.

(3) SERVICE OF NON-FEDERAL MEMBERS.—Non-federal members serve at the pleasure of the President.

(c) MEETINGS.—The Commission shall meet at the call of the

Chairman.

§ 6922. Duties

(a) IN GENERAL.—The National Visitor Facilities Advisory

Commission shall—

(1) conduct continuing investigations and studies of sites

and plans to provide additional facilities and services for visitors and students coming to the Nation’s Capital; and

(2) advise the Secretary of the Interior and the Administrator

of General Services on the planning, construction, acquisition,

and operation of those visitor facilities.

(b) STAFF AND FACILITIES.—The Director of the National Park

Service, in consultation with the Administrator, shall provide the

necessary staff and facilities to assist the Commission in carrying

out its duties under this subchapter.

§ 6923. Compensation and expenses

Members of the National Visitor Facilities Advisory Commission

who are not officers or employees of the Federal Government or

the government of the District of Columbia are entitled to receive

compensation under section 3109 of title 5 and expenses under

section 5703 of title 5.

§ 6924. Reports and recommendations

The National Visitor Facilities Advisory Commission shall report

to the Secretary of the Interior and the Administrator of General

Services the results of its studies and investigations. A report

recommending additional facilities for visitors shall include the

Commission’s recommendations as to sites for the facilities to be

116 STAT. 1204 PUBLIC LAW 107–217—AUG. 21, 2002

provided, preliminary plans, specifications, and architectural drawings for the facilities, and the estimated cost of the recommended

sites and facilities.

PART D—PUBLIC BUILDINGS, GROUNDS, AND

PARKS IN THE DISTRICT OF COLUMBIA

CHAPTER 81—ADMINISTRATIVE

SUBCHAPTER I—GENERAL

Sec.

8101. Supervision of public buildings and grounds in District of Columbia not otherwise provided for by law.

8102. Protection of Federal Government buildings in District of Columbia.

8103. Application of District of Columbia laws to public buildings and grounds.

8104. Regulation of private and semipublic buildings adjacent to public buildings

and grounds.

8105. Approval by Administrator of General Services.

8106. Buildings on reservations, parks, or public grounds.

8107. Advertisements and sales in or around Washington Monument.

8108. Use of public buildings for public ceremonies.

SUBCHAPTER II—JURISDICTION

8121. Improper appropriation of streets.

8122. Jurisdiction over portion of Constitution Avenue.

8123. Record of transfer of jurisdiction between Director of National Park Service

and Mayor of District of Columbia.

8124. Transfer of jurisdiction between Federal and District of Columbia authorities.

8125. Public spaces resulting from filling of canals.

8126. Temporary occupancy of Potomac Park by Secretary of Agriculture.

8127. Part of Washington Aqueduct for playground purposes.

SUBCHAPTER III—SERVICES FOR FACILITIES

8141. Contract to rent buildings in the District of Columbia not to be made until

appropriation enacted.

8142. Rent of other buildings.

8143. Heat.

8144. Delivery of fuel for use during ensuing fiscal year.

SUBCHAPTER IV—MISCELLANEOUS

8161. Reservation of parking spaces for Members of Congress.

8162. Ailanthus trees prohibited.

8163. Use of greenhouses and nursery for trees, shrubs, and plants.

8164. E. Barrett Prettyman United States Courthouse.

8165. Services for Office of Personnel Management.

SUBCHAPTER I—GENERAL

§ 8101. Supervision of public buildings and grounds in District of Columbia not otherwise provided for by

law

(a) IN GENERAL.—Under regulations the President prescribes,

the Administrator of General Services shall have charge of the

public buildings and grounds in the District of Columbia, except

those buildings and grounds which otherwise are provided for by

law.

(b) NOTICE OF UNLAWFUL OCCUPANCY.—If the Administrator, or

the officer under the direction of the Administrator who is in

immediate charge of those public buildings and grounds, decides

that an individual is unlawfully occupying any part of that public

land, the Administrator or officer in charge shall notify the United

States marshal for the District of Columbia in writing of the unlawful occupation.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1205

(c) EJECTION OF TRESPASSER.—The marshal shall have the trespasser ejected from the public land and shall restore possession

of the land to the officer charged by law with the custody of

the land.

§ 8102. Protection of Federal Government buildings in District of Columbia

The Attorney General and the Secretary of the Treasury may

prohibit—

(1) a vehicle from parking or standing on a street or roadway

adjacent to a building in the District of Columbia—

(A) at least partly owned or possessed by, or leased

to, the Federal Government; and

(B) used by law enforcement authorities subject to their

jurisdiction; and

(2) a person or entity from conducting business on property

immediately adjacent to a building described in paragraph (1).

§ 8103. Application of District of Columbia laws to public

buildings and grounds

(a) APPLICATION OF LAWS.—Laws and regulations of the District

of Columbia for the protection of public or private property and

the preservation of peace and order are extended to all public

buildings and public grounds belonging to the Federal Government

in the District of Columbia.

(b) PENALTIES.—A person shall be fined under title 18, imprisoned

for not more than six months, or both if the person—

(1) is guilty of disorderly and unlawful conduct in or about

those public buildings or public grounds;

(2) willfully injures the buildings or shrubs;

(3) pull downs, impairs, or otherwise injures any fence, wall,

or other enclosure;

(4) injures any sink, culvert, pipe, hydrant, cistern, lamp,

or bridge; or

(5) removes any stone, gravel, sand, or other property of

the Government, or any other part of the public grounds or

lots belonging to the Government in the District of Columbia.

§ 8104. Regulation of private and semipublic buildings adjacent to public buildings and grounds

(a) FACTORS FOR DEVELOPMENT.—In view of the provisions of

the Constitution respecting the establishment of the seat of the

National Government, the duties it imposed on Congress in connection with establishing the seat of the National Government, and

the solicitude shown and the efforts exerted by President Washington in the planning and development of the Capital City, the

development should proceed along the lines of good order, good

taste, and with due regard to the public interests involved, and

a reasonable degree of control should be exercised over the architecture of private or semipublic buildings adjacent to public buildings

and grounds of major importance.

(b) SUBMISSION OF APPLICATION TO COMMISSION OF FINE ARTS.—

The Mayor of the District of Columbia shall submit to the Commission on Fine Arts an application for a permit to erect or alter

any building, a part of which fronts or abuts on the grounds of

the Capitol, the grounds of the White House, the part of Pennsylvania Avenue extending from the Capitol to the White House,

116 STAT. 1206 PUBLIC LAW 107–217—AUG. 21, 2002

Lafayette Park, Rock Creek Park, the Zoological Park, the Rock

Creek and Potomac Parkway, Potomac Park, or The Mall Park

System and public buildings adjacent to the System, or abuts on

any street bordering any of those grounds or parks, so far as

the plans relate to height and appearance, color, and texture of

the materials of exterior construction.

(c) REPORT TO MAYOR.—The Commission shall report promptly

its recommendations to the Mayor, including any changes the

Commission decides are necessary to prevent reasonably avoidable

impairment of the public values belonging to the public building

or park. If the Commission fails to report its approval or disapproval

of a plan within 30 days, the report is deemed approved and

a permit may be issued.

(d) ACTION BY THE MAYOR.—The Mayor shall take action the

Mayor decides is necessary to effect reasonable compliance with

the recommendation under subsection (c).

§ 8105. Approval by Administrator of General Services

Subject to applicable provisions of existing law relating to the

functions in the District of Columbia of the National Capital Planning Commission and the Commission of Fine Arts, only the

Administrator of General Services is required to approve sketches,

plans, and estimates for buildings to be constructed by the Administrator, except that the Administrator and the United States Postal

Service must approve buildings designed for post-office purposes.

§ 8106. Buildings on reservations, parks, or public grounds

A building or structure shall not be erected on any reservation,

park, or public grounds of the Federal Government in the District

of Columbia without express authority of Congress.

§ 8107. Advertisements and sales in or around Washington

Monument

Except on the written authority of the Director of the National

Park Service, advertisements of any kind shall not be displayed,

and articles of any kind shall not be sold, in or around the Washington Monument.

§ 8108. Use of public buildings for public ceremonies

Except as expressly authorized by law, public buildings in the

District of Columbia (other than the Capitol Building and the

White House), and the approaches to those public buildings, shall

not be used or occupied in connection with ceremonies for the

inauguration of the President or other public functions.

SUBCHAPTER II—JURISDICTION

§ 8121. Improper appropriation of streets

(a) AUTHORITY.—The Secretary of the Interior shall—

(1) prevent the improper appropriation or occupation of any

public street, avenue, square, or reservation in the District

of Columbia that belongs to the Federal Government;

(2) reclaim the street, avenue, square, or reservation if unlawfully appropriated;

(3) prevent the erection of any permanent building on property reserved to or for the use of the Government, unless

plainly authorized by law; and

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1207

(4) report to Congress at the beginning of each session on

the Secretary’s proceedings in the premises, together with a

full statement of all property described in this subsection, and

how, and by what authority, the property is occupied or claimed.

(b) APPLICATION.—This section does not interfere with the temporary and proper occupation of any part of the property described

in subsection (a), by lawful authority, for the legitimate purposes

of the Government.

§ 8122. Jurisdiction over portion of Constitution Avenue

The Director of the National Park Service has jurisdiction over

that part of Constitution Avenue west of Virginia Avenue that

was under the control of the Commissioners of the District of

Columbia prior to May 27, 1908.

§ 8123. Record of transfer of jurisdiction between Director

of National Park Service and Mayor of District

of Columbia

When in accordance with law or mutual legal agreement, spaces

or portions of public land are transferred between the jurisdiction

of the Director of the National Park Service, as established by

the Act of July 1, 1898 (ch. 543, 30 Stat. 570), and the Mayor

of the District of Columbia, the letters of transfer and acceptance

exchanged between them are sufficient authority for the necessary

change in the official maps and for record when necessary.

§ 8124. Transfer of jurisdiction between Federal and District

of Columbia authorities

(a) TRANSFER OF JURISDICTION.—Federal and District of Columbia

authorities administering properties in the District that are owned

by the Federal Government or by the District may transfer jurisdiction over any part of the property among or between themselves

for purposes of administration and maintenance under conditions

the parties agree on. The National Capital Planning Commission

shall recommend the transfer before it is completed.

(b) REPORT TO CONGRESS.—The District authorities shall report

all transfers and agreements to Congress.

(c) CERTAIN LAWS NOT REPEALED.—Subsection (a) does not repeal

any law in effect on May 20, 1932, which authorized the transfer

of jurisdiction of certain land among and between federal and

District authorities.

§ 8125. Public spaces resulting from filling of canals

The Director of the National Park Service has jurisdiction over

all public spaces resulting from the filling of canals in the original

city of Washington that were not under the jurisdiction of the

Chief of Engineers of the United States Army as of August 1,

1914, except spaces included in the navy yard or in actual use

as roadways and sidewalks and spaces assigned by law to the

District of Columbia for use as a property yard and the location

of a sewage pumping station. The spaces shall be laid out as

reservations as a part of the park system of the District of Columbia.

§ 8126. Temporary occupancy of Potomac Park by Secretary

of Agriculture

(a) NOT MORE THAN 75 ACRES.—The Director of the National

Park Service may allow the Secretary of Agriculture to temporarily

116 STAT. 1208 PUBLIC LAW 107–217—AUG. 21, 2002

occupy as a testing ground not more than 75 acres of Potomac

Park not needed in any one season for reclamation or park improvement. The Secretary shall vacate the area at the close of any

season on the request of the Director.

(b) CONTINUE AS PUBLIC PARK UNDER DIRECTOR.—This section

does not change the essential character of the land used, which

shall continue to be a public park under the charge of the Director.

§ 8127. Part of Washington Aqueduct for playground purposes

(a) JURISDICTION OF MAYOR.—The Mayor of the District of

Columbia has possession, control, and jurisdiction of the land of

the Washington Aqueduct adjacent to the Champlain Avenue

pumping station and lying outside of the fence around the pumping

station as it—

(1) existed on August 31, 1918; and

(2) was transferred by the Chief of Engineers for playground

purposes.

(b) JURISDICTION OF SECRETARY OF THE ARMY NOT AFFECTED.—

This section does not affect the superintendence and control of

the Secretary of the Army over the Washington Aqueduct and

the rights, appurtenances, and fixtures connected with the Aqueduct.

SUBCHAPTER III—SERVICES FOR FACILITIES

§ 8141. Contract to rent buildings in the District of Columbia

not to be made until appropriation enacted

A contract shall not be made for the rent of a building, or

part of a building, to be used for the purposes of the Federal

Government in the District of Columbia until Congress enacts an

appropriation for the rent. This section is deemed to be notice

to all contractors or lessors of the building or a part of the building.

§ 8142. Rent of other buildings

An executive department of the Federal Government renting a

building for public use in the District of Columbia may rent a

different building instead if it is in the public interest to do so.

This section does not authorize an increase in the number of

buildings in use or in the amount paid for rent.

§ 8143. Heat

(a) CORCORAN GALLERY OF ART.—The Administrator of General

Services may furnish heat from the central heating plant to the

Corcoran Gallery of Art, if the Corcoran Gallery of Art agrees

to—

(1) pay for heat furnished at rates the Administrator determines; and

(2) connect the building with the Federal Government mains

in a manner satisfactory to the Administrator.

(b) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM.—

The Administrator may furnish steam from the central heating

plant for the use of the Board of Governors of the Federal Reserve

System on the property which the Board acquired in squares east

of 87 and east of 88 in the District of Columbia if the Board

agrees to—

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1209

(1) pay for the steam furnished at reasonable rates the

Administrator determines but that are at least equal to cost;

and

(2) provide the necessary connections with the Government

mains at its own expense and in a manner satisfactory to

the Administrator.

(c) NON-FEDERAL PUBLIC BUILDINGS.—The Administrator shall

determine the rates to be paid for steam furnished to the Corcoran

Gallery of Art, the Pan American Union Buildings, the American

Red Cross Buildings, and other non-federal public buildings authorized to receive steam from the central heating plant.

§ 8144. Delivery of fuel for use during ensuing fiscal year

During April, May, and June of each year, the Administrator

of General Services may deliver to all branches of the Federal

Government and the government of the District of Columbia as

much fuel for their use during the following fiscal year as may

be practicable to store at the points of consumption. The branches

of the Federal Government and the government of the District

of Columbia shall pay for the fuel from their applicable appropriations for that fiscal year.

SUBCHAPTER IV—MISCELLANEOUS

§ 8161. Reservation of parking spaces for Members of Congress

The Council of the District of Columbia shall designate, reserve,

and properly mark appropriate and sufficient parking spaces on

the streets adjacent to all public buildings in the District for the

use of Members of Congress engaged in public business.

§ 8162. Ailanthus trees prohibited

Ailanthus trees shall not be purchased for, or planted in, the

public grounds.

§ 8163. Use of greenhouses and nursery for trees, shrubs,

and plants

The greenhouses and nursery shall be used only for the propagation of trees, shrubs, and plants suitable for planting in the public

reservations. Only those trees, shrubs, and plants shall be planted

in the public reservations.

§ 8164. E. Barrett Prettyman United States Courthouse

(a) OPERATION, MAINTENANCE, AND REPAIR.—The operation,

maintenance, and repair of the E. Barrett Prettyman United States

Courthouse, used by the United States Court of Appeals for the

District of Columbia and the United States District Court for the

District of Columbia, is under the control of the Administrator

of General Services.

(b) ALLOCATION OF SPACE.—The allocation of space in the Courthouse is vested in the chief judge of the United States Court

of Appeals for the District of Columbia and the chief judge of

the United States District Court for the District of Columbia.

116 STAT. 1210 PUBLIC LAW 107–217—AUG. 21, 2002

§ 8165. Services for Office of Personnel Management

For carrying out the work of the Director of the Office of Personnel

Management and the examinations provided for in sections 3304

and 3305 of title 5, the Administrator of General Services shall—

(1) assign or provide suitable and convenient rooms and

accommodations, which are furnished, heated, and lighted, in

Washington, D.C.;

(2) supply necessary stationery and other articles; and

(3) arrange for or provide necessary printing.

CHAPTER 83—WASHINGTON METROPOLITAN REGION

DEVELOPMENT

Sec.

8301. Definition.

8302. Necessity for coordination in the development of the Washington metropolitan region.

8303. Declaration of policy of coordinated development and management.

8304. Priority projects.

§ 8301. Definition

In this chapter, the term ‘‘Washington metropolitan region’’

includes the District of Columbia, the counties of Montgomery and

Prince Georges in Maryland, and the counties of Arlington and

Fairfax and the cities of Alexandria and Falls Church in Virginia.

§ 8302. Necessity for coordination in the development of the

Washington metropolitan region

Because the District of Columbia is the seat of the Federal

Government and has become the urban center of a rapidly

expanding Washington metropolitan region, the necessity for the

continued and effective performance of the functions of the Government in the District of Columbia, the general welfare of the District

of Columbia, the health and living standards of the people residing

or working in the District of Columbia, and the conduct of industry,

trade, and commerce in the District of Columbia require that to

the fullest extent possible the development of the District of

Columbia and the management of its public affairs, and the activities of the departments, agencies, and instrumentalities of the

Government which may be carried out in, or in relation to, the

other areas of the Washington metropolitan region, shall be coordinated with the development of those other areas and with the

management of their public affairs so that, with the cooperation

and assistance of those other areas, all of the areas in the Washington metropolitan area shall be developed and their public affairs

shall be managed so as to contribute effectively toward the solution

of the community development problems of the Washington metropolitan region on a unified metropolitan basis.

§ 8303. Declaration of policy of coordinated development and

management

The policy to be followed for the attainment of the objective

established by section 8302 of this title, and for the more effective

exercise by Congress, the executive branch of the Federal Government, the Mayor of the District of Columbia, and all other officers,

agencies, and instrumentalities of the District of Columbia of their

respective functions, powers, and duties in respect of the Washington metropolitan region, shall be that the functions, powers,

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1211

and duties shall be exercised and carried out in a manner that

(with proper recognition of the sovereignty of Maryland and Virginia

in respect of those areas of the Washington metropolitan region

that are located within their respective jurisdictions) will best facilitate the attainment of the coordinated development of the areas

of the Washington metropolitan area and the coordinated management of their public affairs so as to contribute effectively to the

solution of the community development problems of the Washington

metropolitan region on a unified metropolitan basis.

§ 8304. Priority projects

In carrying out the policy pursuant to section 8303 of this title

for the attainment of the objective established by section 8302

of this title, priority should be given to the solution, on a unified

metropolitan basis, of the problems of water supply, sewage disposal, and water pollution and transportation.

CHAPTER 85—NATIONAL CAPITAL SERVICE AREA AND

DIRECTOR

Sec.

8501. National Capital Service Area.

8502. National Capital Service Director.

§ 8501. National Capital Service Area

(a) ESTABLISHMENT.—

(1) BOUNDARIES.—The National Capital Service Area is in

the District of Columbia and includes the principal federal

monuments, the White House, the Capitol Building, the United

States Supreme Court Building, and the federal executive, legislative, and judicial office buildings located adjacent to the Mall

and the Capitol Building, and is more particularly described

as the area bounded as follows:

Beginning at that point on the present Virginia-District

of Columbia boundary due west of the northernmost point

of Theodore Roosevelt Island and running due east to the

eastern shore of the Potomac River;

thence generally south along the shore at the mean high

water mark to the northwest corner of the Kennedy Center;

thence east along the northern side of the Kennedy

Center to a point where it reaches the E Street Expressway;

thence east on the expressway to E Street Northwest

and thence east on E Street Northwest to Eighteenth Street

Northwest;

thence south on Eighteenth Street Northwest to Constitution Avenue Northwest;

thence east on Constitution Avenue to Seventeenth

Street Northwest;

thence north on Seventeenth Street Northwest to

Pennsylvania Avenue Northwest;

thence east on Pennsylvania Avenue to Jackson Place

Northwest;

thence north on Jackson Place to H Street Northwest;

thence east on H Street Northwest to Madison Place

Northwest;

thence south on Madison Place Northwest to Pennsylvania Avenue Northwest;

116 STAT. 1212 PUBLIC LAW 107–217—AUG. 21, 2002

thence east on Pennsylvania Avenue Northwest to Fifteenth Street Northwest;

thence south on Fifteenth Street Northwest to Pennsylvania Avenue Northwest;

thence southeast on Pennsylvania Avenue Northwest to

John Marshall Place Northwest;

thence north on John Marshall Place Northwest to C

Street Northwest;

thence east on C Street Northwest to Third Street Northwest;

thence north on Third Street Northwest to D Street

Northwest;

thence east on D Street Northwest to Second Street

Northwest;

thence south on Second Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana

Avenue Northwest;

thence northeast on Louisiana Avenue Northwest to

North Capitol Street;

thence north on North Capitol Street to Massachusetts

Avenue Northwest;

thence southeast on Massachusetts Avenue Northwest

so as to encompass Union Square;

thence following Union Square to F Street Northeast;

thence east on F Street Northeast to Second Street

Northeast;

thence south on Second Street Northeast to D Street

Northeast;

thence west on D Street Northeast to First Street Northeast;

thence south on First Street Northeast to Maryland

Avenue Northeast;

thence generally north and east on Maryland Avenue

to Second Street Northeast;

thence south on Second Street Northeast to C Street

Southeast;

thence west on C Street Southeast to New Jersey Avenue

Southeast;

thence south on New Jersey Avenue Southeast to D

Street Southeast;

thence west on D Street Southeast to Canal Street Parkway;

thence southeast on Canal Street Parkway to E Street

Southeast;

thence west on E Street Southeast to the intersection

of Washington Avenue Southwest and South Capitol Street;

thence northwest on Washington Avenue Southwest to

Second Street Southwest;

thence south on Second Street Southwest to Virginia

Avenue Southwest;

thence generally west on Virginia Avenue to Third Street

Southwest;

thence north on Third Street Southwest to C Street

Southwest;

thence west on C Street Southwest to Sixth Street Southwest;

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1213

thence north on Sixth Street Southwest to Independence

Avenue;

thence west on Independence Avenue to Twelfth Street

Southwest;

thence south on Twelfth Street Southwest to D Street

Southwest;

thence west on D Street Southwest to Fourteenth Street

Southwest;

thence south on Fourteenth Street Southwest to the

middle of the Washington Channel;

thence generally south and east along the mid-channel

of the Washington Channel to a point due west of the

northern boundary line of Fort Lesley McNair;

thence due east to the side of the Washington Channel;

thence following generally south and east along the side

of the Washington Channel at the mean high water mark,

to the point of confluence with the Anacostia River, and

along the northern shore at the mean high water mark

to the northern most point of the Eleventh Street Bridge;

thence generally south and east along the northern side

of the Eleventh Street Bridge to the eastern shore of the

Anacostia River;

thence generally south and west along such shore at

the mean high water mark to the point of confluence of

the Anacostia and Potomac Rivers;

thence generally south along the eastern shore at the

mean high water mark of the Potomac River to the point

where it meets the present southeastern boundary line

of the District of Columbia;

thence south and west along such southeastern boundary

line to the point where it meets the present VirginiaDistrict of Columbia boundary;

thence generally north and west up the Potomac River

along the Virginia-District of Columbia boundary to the

point of beginning.

(2) STREETS AND SIDEWALKS INCLUDED.—Where the area in

paragraph (1) is bounded by a street, the street, and any

sidewalk of the street, are included in the area.

(3) FEDERAL PROPERTY THAT AFFRONTED OR ABUTTED THE

AREA DEEMED TO BE IN THE AREA.—Federal real property that

on December 24, 1973, affronted or abutted the area described

in paragraph (1) is deemed to be in the area. For the purposes

of this paragraph, federal real property affronting or abutting

the area described in paragraph (1)—

(A) is deemed to include Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United

States Naval Station, Bolling Air Force Base, and the Naval

Research Laboratory; and

(B) does not include any area situated outside of the

District of Columbia boundary as it existed immediately

prior to December 24, 1973, any part of the Anacostia

Park situated east of the northern side of the Eleventh

Street Bridge, or any part of the Rock Creek Park.

(b) APPLICABILITY OF OTHER PROVISIONS.—

(1) PROVISIONS COVERING BUILDINGS AND GROUNDS IN AREA

NOT AFFECTED.—Except to the extent specifically provided by

this section, this section does not—

116 STAT. 1214 PUBLIC LAW 107–217—AUG. 21, 2002

(A) apply to the United States Capitol Buildings and

Grounds as defined and described in sections 5101 and

5102, any other buildings and grounds under the care

of the Architect of the Capitol, the Supreme Court Building

and grounds as described in section 6101 of this title,

and the Library of Congress buildings and grounds as

defined in section 11 of the Act of August 4, 1950 (2

U.S.C. 167j); and

(B) repeal, amend, alter, modify, or supersede—

(i) chapter 51 of this title, section 9, 9A, 9B, 9C

or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat.

719, 720), any other general law of the United States,

any law enacted by Congress and applicable exclusively

to the District of Columbia, or any rule or regulation

prescribed pursuant to any of those provisions, that

was in effect on January 1, 1975, and that pertained

to those buildings and grounds; or

(ii) any authority which existed on December 24,

1973, with respect to those buildings and grounds and

was vested on January 1, 1975, in the Senate, the

House of Representatives, Congress, any committee,

commission, or board of the Senate, the House of Representatives, or Congress, the Architect of the Capitol

or any other officer of the legislative branch, the Chief

Justice of the United States, the Marshal of the

Supreme Court, or the Librarian of Congress.

(2) CONTINUED APPLICATION OF LAWS, REGULATIONS, AND

RULES.—Except to the extent otherwise specifically provided

in this section, all general laws of the United States and all

laws enacted by the Congress and applicable exclusively to

the District of Columbia, including regulations and rules prescribed pursuant to any of those laws, that were in effect

on January 1, 1975, and which applied to and in the areas

included in the National Capital Service Area pursuant to

this section continue to be applicable to and in the National

Capital Service Area in the same manner and to the same

extent as if this section had not been enacted and remain

applicable until repealed, amended, altered, modified, or superseded.

(c) AVAILABILITY OF SERVICES AND FACILITIES.—As far as practicable, any service or facility authorized by the District of Columbia

Home Rule Act (Public Law 93–198, 87 Stat. 774) to be rendered

or furnished (including maintenance of streets and highways, and

services under section 1537 of title 31) shall be made available

to the Senate, the House of Representatives, Congress, any committee, commission, or board of the Senate, the House of Representatives, or Congress, the Architect of the Capitol, any other officer

of the legislative branch who on January 1, 1975, was vested

with authority over those buildings and grounds, the Chief Justice

of the United States, the Marshal of the Supreme Court, and

the Librarian of Congress on their request. If payment would be

required for the rendition or furnishing of a similar service or

facility to any other federal agency, the recipient, on presentation

of proper vouchers and as agreed on by the parties, shall pay

for the service or facility in advance or by reimbursement.

(d) RIGHT TO PARTICIPATE IN ELECTION NOT AFFECTED BY RESI- DENCY.—An individual may not be denied the right to vote or

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1215

otherwise participate in any manner in any election in the District

of Columbia solely because the individual resides in the National

Capital Service Area.

§ 8502. National Capital Service Director

(a) ESTABLISHMENT AND COMPENSATION.—There is in the Executive Office of the President the National Capital Service Director

who shall be appointed by the President. The Director shall receive

compensation at the maximum rate established for level IV of

the Executive Schedule under section 5314 of title 5.

(b) PERSONNEL.—The Director may appoint and fix the rate of

compensation of necessary personnel, subject to chapters 33 and

51 and subchapter III of chapter 53 of title 5.

(c) DUTIES.— (1) PRESIDENT.—The President, through the Director and

using District of Columbia governmental services to the extent

practicable, shall ensure that there is provided in the area

described in section 8501(a) of this title adequate fire protection

and sanitation services.

(2) DIRECTOR.—Except with respect to that part of the

National Capital Service Area comprising the United States

Capitol Buildings and Grounds as defined and described in

sections 5101 and 5102, the Supreme Court Building and

grounds as described in section 6101 of this title, and the

Library of Congress buildings and grounds as defined in section

11 of the Act of August 4, 1950 (2 U.S.C. 167j), the Director

shall ensure that there is provided in the remainder of the

area described in section 8501(a) of this title adequate police

protection and maintenance of streets and highways.

CHAPTER 87—PHYSICAL DEVELOPMENT OF NATIONAL

CAPITAL REGION

SUBCHAPTER I—GENERAL

Sec.

8701. Findings and purposes.

8702. Definitions.

SUBCHAPTER II—PLANNING AGENCIES

8711. National Capital Planning Commission.

8712. Mayor of the District of Columbia.

SUBCHAPTER III—PLANNING PROCESS

8721. Comprehensive plan for the National Capital.

8722. Proposed federal and district developments and projects.

8723. Capital improvements.

8724. Zoning regulations and maps.

8725. Recommendations on platting and subdividing land.

8726. Authorization of appropriations.

SUBCHAPTER IV—ACQUIRING AND DISPOSING OF LAND

8731. Acquiring land for park, parkway, or playground purposes.

8732. Acquiring land subject to limited rights reserved to grantor and limited permanent rights in land adjoining park property.

8733. Lease of land acquired for park, parkway, or playground purposes.

8734. Sale of land by Mayor.

8735. Sale of land by Secretary of the Interior.

8736. Execution of deeds.

8737. Authorization of appropriations.

116 STAT. 1216 PUBLIC LAW 107–217—AUG. 21, 2002

SUBCHAPTER I—GENERAL

§ 8701. Findings and purposes

(a) FINDINGS.—Congress finds that—

(1) the location of the seat of government in the District

of Columbia has brought about the development of a metropolitan region extending well into adjoining territory in Maryland

and Virginia;

(2) effective comprehensive planning is necessary on a

regional basis and of continuing importance to the federal

establishment;

(3) the distribution of federal installations throughout the

region has been and will continue to be a major influence

in determining the extent and character of development;

(4) there is needed a central planning agency for the National

Capital region to coordinate certain developmental activities

of the many different agencies of the Federal and District

of Columbia Governments so that those activities may conform

with general objectives;

(5) there is an increasing mutuality of interest and responsibility between the various levels of government that calls for

coordinate and unified policies in planning both federal and

local development in the interest of order and economy;

(6) there are developmental problems of an interstate character, the planning of which requires collaboration between

federal, state, and local governments in the interest of equity

and constructive action; and

(7) the instrumentalities and procedures provided in this

chapter will aid in providing Congress with information and

advice requisite to legislation.

(b) PURPOSES.—

(1) IN GENERAL.—The purposes of this chapter (except sections 8733–8736) are—

(A) to secure comprehensive planning for the physical

development of the National Capital and its environs;

(B) to provide for the participation of the appropriate

planning agencies of the environs in the planning; and

(C) to establish the agency and procedures requisite to

the administration of the functions of the Federal and

District Governments related to the planning.

(2) OBJECTIVE.—The general objective of this chapter (except

sections 8733–8736) is to enable appropriate agencies to plan

for the development of the federal establishment at the seat

of government in a manner—

(A) consistent with the nature and function of the

National Capital and with due regard for the rights and

prerogatives of the adjoining States and local governments

to exercise control appropriate to their functions; and

(B) which will, in accordance with present and future

needs, best promote public health, safety, morals, order,

convenience, prosperity, and the general welfare, as well

as efficiency and economy in the process of development.

§ 8702. Definitions

In this chapter—

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1217

(1) ENVIRONS.—The term ‘‘environs’’ means the territory surrounding the District of Columbia included in the National

Capital region.

(2) NATIONAL CAPITAL.—The term ‘‘National Capital’’ means

the District of Columbia and territory the Federal Government

owns in the environs.

(3) NATIONAL CAPITAL REGION.—The term ‘‘National Capital

region’’ means—

(A) the District of Columbia;

(B) Montgomery and Prince Georges Counties in Maryland;

(C) Arlington, Fairfax, Loudoun, and Prince William

Counties in Virginia; and

(D) all cities in Maryland or Virginia in the geographic

area bounded by the outer boundaries of the combined

area of the counties listed in subparagraphs (B) and (C).

(4) PLANNING AGENCY.—The term ‘‘planning agency’’ means

any city, county, bi-county, part-county, or regional planning

agency authorized under state and local laws to make and

adopt comprehensive plans.

SUBCHAPTER II—PLANNING AGENCIES

§ 8711. National Capital Planning Commission

(a) ESTABLISHMENT AND PURPOSE.—The National Capital Planning Commission is the central federal planning agency for the

Federal Government in the National Capital, created to preserve

the important historical and natural features of the National Capital, except for the United States Capitol Buildings and Grounds

(as defined and described in sections 5101 and 5102), any extension

of, or additions to, those Buildings and Grounds, and buildings

and grounds under the care of the Architect of the Capitol.

(b) COMPOSITION.—

(1) MEMBERSHIP.—The National Capital Planning Commission is composed of—

(A) ex officio, the Secretary of the Interior, the Secretary

of Defense, the Administrator of General Services, the

Mayor of the District of Columbia, the Chairman of the

Council of the District of Columbia, the chairman of the

Committee on Governmental Affairs of the Senate, and

the chairman of the Committee on Government Reform

of the House of Representatives, or an alternate any of

those individuals designates; and

(B) five citizens with experience in city or regional planning, three of whom shall be appointed by the President

and two of whom shall be appointed by the Mayor.

(2) RESIDENCY REQUIREMENT.—The citizen members

appointed by the Mayor shall be residents of the District of

Columbia. Of the three appointed by the President, at least

one shall be a resident of Virginia and at least one shall

be a resident of Maryland.

(3) TERMS.—An individual appointed by the President serves

for six years. An individual appointed by the Mayor serves

for four years. An individual appointed to fill a vacancy shall

be appointed only for the unexpired term of the individual

being replaced.

116 STAT. 1218 PUBLIC LAW 107–217—AUG. 21, 2002

(4) PAY AND EXPENSES.—Citizen members are entitled to

$100 a day when performing duties vested in the Commission

and to reimbursement for necessary expenses incurred in performing those duties.

(c) CHAIRMAN AND OFFICERS.—The President shall designate the

Chairman of the National Capital Planning Commission. The

Commission may elect from among its members other officers as

it considers desirable.

(d) PERSONNEL.—The National Capital Planning Commission may

employ a Director, an executive officer, and other technical and

administrative personnel as it considers necessary. Without regard

to section 3709 of the Revised Statues (41 U.S.C. 5) and section

3109, chapters 33 and 51, and subchapter III of chapter 53, of

title 5, the Commission may employ, by contract or otherwise,

the temporary or intermittent (not more than one year) services

of city planners, architects, engineers, appraisers, and other experts

or organizations of experts, as may be necessary to carry out its

functions. The Commission shall fix the rate of compensation so

as not to exceed the rate usual for similar services.

(e) PRINCIPAL DUTIES.—The principal duties of the National Capital Planning Commission include—

(1) preparing, adopting, and amending a comprehensive plan

for the federal activities in the National Capital and making

related recommendations to the appropriate developmental

agencies; and

(2) serving as the central planning agency for the Government

within the National Capital region and reviewing the development programs of the developmental agencies to advise as

to consistency with the comprehensive plan.

(f) TRANSFER OF OTHER FUNCTIONS, POWERS, AND DUTIES.—The

National Capital Planning Commission shall carry out all other

functions, powers, and duties of the National Capital Park and

Planning Commission, including those formerly vested in the Highway Commission established by the Act of March 2, 1893 (ch.

197, 27 Stat. 532), and those formerly vested in the National Capital

Park Commission by the Act of June 6, 1924 (ch. 270, 43 Stat.

463).

(g) ESTIMATE.—The National Capital Planning Commission shall

submit to the Office of Management and Budget before December

16 of each year its estimate of the total amount to be appropriated

for expenditure under this chapter (except sections 8732–8736)

during the next fiscal year.

(h) FEES.—The National Capital Planning Commission may

charge fees to cover the full cost of Geographic Information System

products and services the Commission supplies. The fees shall be

credited to the applicable appropriation account as an offsetting

collection and remain available until expended.

§ 8712. Mayor of the District of Columbia

(a) PLANNING RESPONSIBILITIES.—The Mayor of the District of

Columbia is the central planning agency for the government of

the District of Columbia in the National Capital and is responsible

for coordinating the planning activities of the District government

and for preparing and implementing the District elements of the

comprehensive plan for the National Capital, which may include

land use elements, urban renewal and redevelopment elements,

a multiyear program of public works for the District, and physical,

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1219

social, economic, transportation, and population elements. The

Mayor’s planning responsibility shall not extend to— (1) federal or international projects and developments in the

District, as determined by the National Capital Planning

Commission; or

(2) the United States Capitol Buildings and Grounds as

defined and described in sections 5101 and 5102, any extension

of, or additions to, those Buildings and Grounds, and buildings

and grounds under the care of the Architect of the Capitol.

(b) PARTICIPATION AND CONSULTATION.—In carrying out the

responsibilities under this section and section 8721 of this title,

the Mayor shall establish procedures for citizen participation in

the planning process and for appropriate meaningful consultation

with any state or local government or planning agency in the

National Capital region affected by any aspect of a comprehensive

plan, including amendments, affecting or relating to the District.

SUBCHAPTER III—PLANNING PROCESS

§ 8721. Comprehensive plan for the National Capital

(a) PREPARATION AND ADOPTION BY COMMISSION.—The National

Capital Planning Commission shall prepare and adopt a comprehensive, consistent, and coordinated plan for the National Capital.

The plan shall include the Commission’s recommendations or proposals for federal developments or projects in the environs and

District elements of the comprehensive plan, or amendments to

the elements, adopted by the Council of the District of Columbia

and with respect to which the Commission has not determined

a negative impact exists. Those elements or amendments shall

be incorporated into the comprehensive plan without change. The

Commission may include in its plan any part of a plan adopted

by any planning agency in the environs and may make recommendations of collateral interest to the agencies. The Commission may

adopt any part of an element. The Commission shall review and

may amend or extend the plan so that its recommendations may

be kept up to date.

(b) REVIEW BY DISTRICT OF COLUMBIA.—The Mayor of the District

of Columbia shall submit each District element of the comprehensive plan, and any amendment, to the Council for revision or modification, and adoption, by act, following public hearings. Following

adoption and prior to implementation, the Council shall submit

each element or amendment to the Commission for review and

comment with regard to the impact of the element or amendment

on the interests or functions of the federal establishment in the

National Capital.

(c) COMMISSION RESPONSE TO COUNCIL ACTION.—

(1) PERIOD OF REVIEW.—Within 60 days after receiving an

element or amendment from the Council, the Commission shall

certify to the Council whether the element or amendment has

a negative impact on the interests or functions of the federal

establishment in the National Capital.

(2) NO NEGATIVE IMPACT.—If the Commission takes no action

in the 60-day period, the element or amendment is deemed

to have no negative impact and shall be incorporated into

the comprehensive plan for the National Capital and implemented.

(3) NEGATIVE IMPACT.—

116 STAT. 1220 PUBLIC LAW 107–217—AUG. 21, 2002

(A) CERTIFICATION TO COUNCIL.—If the Commission finds

a negative impact, it shall certify its findings and recommendations to the Council.

(B) RESPONSE OF COUNCIL.—On receipt of the Commission’s findings and recommendations, the Council may— (i) accept the findings and recommendations and

modify the element or amendment accordingly; or

(ii) reject the findings and recommendations and

resubmit a modified form of the element or amendment

to the Commission for reconsideration.

(C) FINDINGS AND RECOMMENDATIONS ACCEPTED.—If the

Council accepts the findings and recommendations and

modifies the element or amendment, the Council shall

submit the element or amendment to the Commission for

the Commission to determine whether the modification

has been made in accordance with the Commission’s

findings and recommendations. If the Commission does

not act on the modified element or amendment within

30 days after receiving it, the element or amendment is

deemed to have been modified in accordance with the

findings and recommendations and shall be incorporated

into the comprehensive plan for the National Capital and

implemented. If within the 30-day period the Commission

again determines the element or amendment has a negative

impact on the functions or interests of the federal establishment in the National Capital, the element or amendment

shall not be implemented.

(D) FINDINGS AND RECOMMENDATIONS REJECTED.—If the

Council rejects the findings and recommendations and

resubmits a modified element or amendment, the Commission, within 60 days after receiving it, shall decide whether

the modified element or amendment has a negative impact

on the interests or functions of the federal establishment

within the National Capital. If the Commission does not

act within the 60-day period, the modified element or

amendment is deemed to have no negative impact and

shall be incorporated into the comprehensive plan and

implemented. If the Commission finds a negative impact,

it shall certify its findings (in sufficient detail that the

Council can understand the basis of the objection of the

Commission) and recommendations to the Council and the

element or amendment shall not be implemented.

(d) RESUBMISSION DEEMED NEW ELEMENT OR AMENDMENT.—Any

element or amendment which the Commission has determined has

a negative impact on the federal establishment in the National

Capital which is submitted again in a modified form not less than

one year from the day it was last rejected by the Commission

is deemed to be a new element or amendment for purposes of

the review procedure specified in this section.

(e) REVIEW, HEARINGS, AND CITIZEN ADVISORY COUNCILS.—

(1) REVIEW.—Before the comprehensive plan, any element

of the plan, or any revision is adopted, the Commission shall

present the plan, element, or revision to the appropriate federal

or District of Columbia authorities for comment and recommendations. The Commission may present the proposed revisions annually in a consolidated form. Recommendations by

federal and District of Columbia authorities are not binding

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1221

on the Commission, but the Commission shall give careful

consideration to any views and recommendations submitted

prior to final adoption.

(2) HEARINGS AND CITIZEN ADVISORY COUNCILS.—The

Commission— (A) may provide periodic opportunity for review and comments by nongovernmental agencies or groups through

public hearings, meetings, or conferences, exhibitions, and

publication of its plans; and

(B) in consultation with the Council, may encourage the

formation of citizen advisory councils.

(f) EXTENSION OF TIME LIMITATIONS.—On request of the Commission, the Council may grant an extension of any time limitation

contained in this section.

(g) PUBLISHING COMPREHENSIVE PLAN.—As appropriate, the

Commission and the Mayor jointly shall publish a comprehensive

plan for the National Capital, consisting of the elements of the

comprehensive plan for the federal activities in the National Capital

developed by the Commission and the District elements developed

by the Mayor and the Council in accordance with this section.

(h) PROCEDURES FOR CONSULTATION.—

(1) COMMISSION AND MAYOR.—The Commission and the

Mayor jointly shall establish procedures for appropriate meaningful continuing consultation throughout the planning process

for the National Capital.

(2) GOVERNMENT AGENCIES.—In order that the National Capital may be developed in accordance with the comprehensive

plan, the Commission, with the consent of each agency concerned as to its representation, may establish advisory and

coordinating committees composed of representatives of agencies of the Federal and District of Columbia Governments as

may be necessary or helpful to obtain the maximum amount

of cooperation and correlation of effort among the various agencies. As it considers appropriate, the Commission may invite

representatives of the planning and developmental agencies

of the environs to participate in the work of the committees.

§ 8722. Proposed federal and district developments and

projects

(a) AGENCIES TO USE COMMISSION AS CENTRAL PLANNING

AGENCY.—Agencies of the Federal Government responsible for

public developments and projects shall cooperate and correlate their

efforts by using the National Capital Planning Commission as the

central planning agency for federal activities in the National Capital

region. To aid the Commission in carrying out this function, federal

and District of Columbia governmental agencies on request of the

Commission shall furnish plans, data, and records the Commission

requires. The Commission on request shall furnish related plans,

data, and records to federal and District of Columbia governmental

agencies.

(b) CONSULTATION BETWEEN AGENCIES AND COMMISSION.— (1) BEFORE CONSTRUCTION PLANS PREPARED.—To ensure the

comprehensive planning and orderly development of the

National Capital, a federal or District of Columbia agency,

before preparing construction plans the agency originates for

proposed developments and projects or before making a commitment to acquire land, to be paid for at least in part from

116 STAT. 1222 PUBLIC LAW 107–217—AUG. 21, 2002

federal or District amounts, shall advise and consult with the

Commission as the agency prepares plans and programs in

preliminary and successive stages that affect the plan and

development of the National Capital. After receiving the plans,

maps, and data, the Commission promptly shall make a preliminary report and recommendations to the agency. If the agency,

after considering the report and recommendations of the

Commission, does not agree, it shall advise the Commission

and provide the reasons why it does not agree. The Commission

then shall submit a final report. After consultation and suitable

consideration of the views of the Commission, the agency may

proceed to take action in accordance with its legal responsibilities and authority.

(2) EXCEPTIONS.— (A) IN GENERAL.—Paragraph (1) does not apply to projects

within the Capitol grounds or to structures erected by

the Department of Defense during wartime or national

emergency within existing military, naval, or Air Force

reservations, except that the appropriate defense agency

shall consult with the Commission as to any developments

which materially affect traffic or require coordinated planning of the surrounding area.

(B) ADVANCE DECISIONS OF COMMISSION.—The Commission shall determine in advance the type or kinds of plans,

developments, projects, improvements, or acquisitions

which do not need to be submitted for review by the

Commission as to conformity with its plans.

(c) ADDITIONAL PROCEDURE FOR DEVELOPMENTS AND PROJECTS

WITHIN ENVIRONS.—

(1) SUBMISSION TO COMMISSION.—Within the environs, general plans showing the location, character, and extent of, and

intensity of use for, proposed federal and District developments

and projects involving the acquisition of land shall be submitted

to the Commission for report and recommendations before a

final commitment to the acquisition is made, unless the matter

specifically has been approved by law.

(2) COMMISSION ACTION.—Before acting on any general plan,

the Commission shall advise and consult with the appropriate

planning agency having jurisdiction over the affected part of

the environs. When the Commission decides that proposed

developments or projects submitted to the Commission under

subsection (b) involve a major change in the character or intensity of an existing use in the environs, the Commission shall

advise and consult with the planning agency. The report and

recommendations shall be submitted within 60 days and shall

be accompanied by any reports or recommendations of the

planning agency.

(3) WORKING WITH STATE OR LOCAL AUTHORITY OR AGENCY.—

In carrying out its planning functions with respect to federal

developments or projects in the environs, the Commission may

work with, and make agreements with, any state or local

authority or planning agency as the Commission considers necessary to have a plan or proposal adopted and carried out.

(d) APPROVAL OF FEDERAL PUBLIC BUILDINGS.—The provisions

of the Act of June 20, 1938 (ch. 534, 52 Stat. 802) shall not

apply to federal public buildings. In order to ensure the orderly

development of the National Capital, the location, height, bulk,

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1223

number of stories, and size of federal public buildings in the District

of Columbia and the provision for open space in and around federal

public buildings in the District of Columbia is subject to the

approval of the Commission.

(e) APPROVAL OF DISTRICT GOVERNMENT BUILDINGS IN CENTRAL

AREA.—Subsection (d) is extended to include public buildings

erected by any agency of the Government of the District of Columbia

in the central area of the District (as defined by concurrent action

of the Commission and the Council of the District of Columbia),

except that the Commission shall transmit its approval or disapproval within 30 days after the day the proposal was submitted

to the Commission.

§ 8723. Capital improvements

(a) SIX-YEAR PROGRAM OF PUBLIC WORKS PROJECTS.—The

National Capital Planning Commission shall recommend a sixyear program of public works projects for the Federal Government

which the Commission shall review annually with the agencies

concerned. Each federal agency shall submit to the Commission

in the first quarter of each fiscal year a copy of its advance program

of capital improvements within the National Capital and its environs.

(b) SUBMISSION OF MULTIYEAR CAPITAL IMPROVEMENT PLAN.—

By February 1 of each year, the Mayor of the District of Columbia

shall submit to the Commission a copy of the multiyear capital

improvements plan for the District of Columbia that the Mayor

develops under section 444 of the District of Columbia Home Rule

Act (Public Law 93–198, 87 Stat. 800). The Commission has 30

days in which to comment on the plan but may not change or

disapprove of the plan.

§ 8724. Zoning regulations and maps

(a) AMENDMENTS OF ZONING REGULATIONS AND MAPS.—The

National Capital Planning Commission may make a report and

recommendation to the Zoning Commission of the District of

Columbia, as provided in section 5 of the Act of June 20, 1938

(ch. 534, 52 Stat. 798), on the relation, conformity, or consistency

of proposed amendments of the zoning regulations and maps with

the comprehensive plan for the National Capital. The Planning

Commission may also submit to the Zoning Commission proposed

amendments or general revisions to the zoning regulations or the

zoning map for the District of Columbia.

(b) ADDITIONAL REPORT BY PLANNING COMMISSION.—When

requested by an authorized representative of the Planning Commission, the Zoning Commission may recess for a reasonable period

of time any public hearing it is holding to consider a proposed

amendment to the zoning regulations or map so that the Planning

Commission may have an opportunity to present to the Zoning

Commission an additional report on the proposed amendment.

(c) ZONING COMMITTEE OF NATIONAL CAPITAL PLANNING COMMISSION.—

(1) ESTABLISHMENT AND COMPOSITION.—There is a Zoning

Committee of the National Capital Planning Commission. The

Committee consists of at least three members of the Planning

Commission the Planning Commission designates for that purpose. The number of members serving on the Committee may

vary.

116 STAT. 1224 PUBLIC LAW 107–217—AUG. 21, 2002

(2) DUTIES.—The Committee shall carry out the functions

vested in the Planning Commission under this section and

section 8725 of this title—

(A) to the extent the Planning Commission decides; and

(B) when requested by the Zoning Commission and

approved by the Planning Commission.

§ 8725. Recommendations on platting and subdividing land

(a) BY COUNCIL OF THE DISTRICT OF COLUMBIA.—The Council

of the District of Columbia shall submit any proposed change in,

or addition to, the regulations or general orders regulating the

platting and subdividing of lands and grounds in the District of

Columbia to the National Capital Planning Commission for report

and recommendation before the Council adopts the change or addition. The Council shall advise the Commission when it does not

agree with the recommendations of the Commission and shall give

the reasons why it disagrees. The Commission then shall submit

a final report within 30 days. After considering the final report,

the Council may act in accordance with its legal responsibilities

and authority.

(b) BY PLANNING COMMISSION.—The Commission shall submit

to the Council any proposed change in, or amendment to, the

general orders that the Commission considers appropriate. The

Council shall treat the amendments proposed in the same manner

as other proposed amendments.

§ 8726. Authorization of appropriations

Amounts necessary to carry out this subchapter may be appropriated from money in the Treasury not otherwise appropriated

and from any appropriate appropriation law, except the annual

District of Columbia Appropriation Act.

SUBCHAPTER IV—ACQUIRING AND DISPOSING OF LAND

§ 8731. Acquiring land for park, parkway, or playground purposes

(a) AUTHORITY TO ACQUIRE LAND.—The National Capitol Planning Commission shall acquire land the Planning Commission

believes is necessary and desirable in the District of Columbia

and adjacent areas in Maryland and Virginia for suitable development of the National Capital park, parkway, and playground system. The acquisition must be within the limits of the appropriations

made for those purposes. The Planning Commission shall request

the advice of the Commission of Fine Arts in selecting land to

be acquired.

(b) HOW LAND MAY BE ACQUIRED.—

(1) PURCHASE OR CONDEMNATION PROCEEDING.—The National

Capital Planning Commission may buy land when the land

can be acquired at a price the Planning Commission considers

reasonable or by a condemnation proceeding when the land

cannot be bought at a reasonable price.

(2) LAND IN THE DISTRICT OF COLUMBIA.—A condemnation

proceeding to acquire land in the District of Columbia shall

be conducted in accordance with section 1 of the Act of

December 23, 1963 (Public Law 88–241, 77 Stat. 571).

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1225

(3) LAND IN MARYLAND OR VIRGINIA.—The Planning Commission may acquire land in Maryland or Virginia under arrangements agreed to by the Commission and the proper officials

of Maryland or Virginia.

(c) CONTROL OF LAND.— (1) LAND IN THE DISTRICT OF COLUMBIA.—Land acquired in

the District of Columbia shall be a part of the park system

of the District of Columbia and be under the control of the

Director of the National Park Service. The National Capital

Planning Commission may assign areas suitable for playground

purposes to the control of the Mayor of the District of Columbia

for playground purposes.

(2) LAND IN MARYLAND OR VIRGINIA.—Land acquired in Maryland or Virginia shall be controlled as determined by agreement

between the Planning Commission and the proper officials of

Maryland or Virginia.

(d) PRESIDENTIAL APPROVAL REQUIRED.—The designation of all

land to be acquired by condemnation, all contracts to purchase

land, and all agreements between the National Capital Planning

Commission and the officials of Maryland and Virginia are subject

to the approval of the President.

§ 8732. Acquiring land subject to limited rights reserved to

grantor and limited permanent rights in land

adjoining park property

(a) IN GENERAL.—The National Capital Planning Commission

in accordance with this chapter may acquire, for and on behalf

of the Federal Government, by gift, devise, purchase, or

condemnation—

(1) fee title to land subject to limited rights, but not for

business purposes, reserved to the grantor; and

(2) permanent rights in land adjoining park property sufficient to prevent the use of the land in certain specified ways

which would essentially impair the value of the park property

for its purposes.

(b) PREREQUISITES TO ACQUISITION.—

(1) FEE TITLE TO LAND SUBJECT TO LIMITED RIGHTS.—The

reservation of rights to the grantor shall not continue beyond

the life of the grantor of the fee. The Commission must decide

that the permanent public park purposes for which control

over the land is needed are not essentially impaired by the

reserved rights and that there is a substantial saving in cost

by acquiring the land subject to the limited rights as compared

with the cost of acquiring unencumbered title to the land.

(2) PERMANENT RIGHTS IN LAND ADJOINING PARK PROPERTY.—

The Commission must decide that the protection and maintenance of the essential public values of the park can be secured

more economically by acquiring the permanent rights than

by acquiring the land.

(c) PRESIDENTIAL APPROVAL REQUIRED.—All contracts to acquire

land or rights under this section are subject to the approval of

the President.

§ 8733. Lease of land acquired for park, parkway, or playground purposes

The Secretary of the Interior may lease, for not more than five

years, land or an existing building or structure on land acquired

116 STAT. 1226 PUBLIC LAW 107–217—AUG. 21, 2002

for park, parkway, or playground purposes, and may renew the

lease for an additional five years. A lease or renewal under this

section is—

(1) subject to the approval of the National Capital Planning

Commission;

(2) subject to the need for the immediate use of the land,

building, or structure in other ways by the public; and

(3) on terms the Administrator decides.

§ 8734. Sale of land by Mayor

(a) AUTHORITY TO SELL.—With the approval of the National Capital Planning Commission, the Mayor of the District of Columbia,

for the best interests of the District of Columbia, may sell to

the highest bidder at public or private sale real estate in the

District of Columbia owned in fee simple by the District of Columbia

for municipal use that the Council of the District of Columbia

and the Commission find to be no longer required for public purposes.

(b) PAYING EXPENSES AND DEPOSITING PROCEEDS.—The Mayor—

(1) may pay the reasonable and necessary expenses of the

sale of each parcel of land sold; and

(2) shall deposit the net proceeds of each sale in the Treasury

to the credit of the District of Columbia.

§ 8735. Sale of land by Secretary of the Interior

(a) AUTHORITY TO SELL.—With the approval of the National Capital Planning Commission, the Secretary of the Interior, for the

best interests of the Federal Government, may sell, by deed or

instrument, real estate held by the Government in the District

of Columbia and under the jurisdiction of the National Park Service

which may be no longer needed for public purposes. The land

may be sold for cash or on a deferred-payment plan the Secretary

approves, at a price not less than the Government paid for it

and not less than its present appraised value as determined by

the Secretary.

(b) SALE TO HIGHEST BIDDER.—In selling any parcel of land

under this section, the Secretary shall have public or private solicitation for bids or offers be made as the Secretary considers appropriate. The Secretary shall sell the parcel to the party agreeing

to pay the highest price if the price is otherwise satisfactory. If

the price offered or bid by the owner of land abutting the land

to be sold equals the highest price offered or bid by any other

party, the parcel may be sold to the owner of the abutting land.

(c) PAYING EXPENSES AND DEPOSITING PROCEEDS.—The

Secretary—

(1) may pay the reasonable and necessary expenses of the

sale of each parcel of land sold; and

(2) shall deposit the net proceeds of each sale in the Treasury

to the credit of the Government and the District of Columbia

in the proportion that each—

(A) paid the appropriations used to acquire the parcels;

or

(B) was obligated to pay the appropriations, at the time

of acquisition, by reimbursement.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1227

§ 8736. Execution of deeds

The Mayor of the District of Columbia may execute deeds of

conveyance for real estate sold under this subchapter. The deeds

shall contain a full description of the land sold as required by

law.

§ 8737. Authorization of appropriations

An amount equal to not more than one cent for each inhabitant

of the continental United States as determined by the last preceding

decennial census may be appropriated each year in the District

of Columbia Appropriation Act for the National Capital Planning

Commission to use for the payment of its expenses and for the

acquisition of land the Commission may acquire under section 8731

of this title for the purposes named, including compensation for

the land, surveys, ascertainment of title, condemnation proceedings,

and necessary conveyancing. The appropriated amounts shall be

paid from the revenues of the District of Columbia and the general

amounts of the Treasury in the same proportion as other expenses

of the District of Columbia.

CHAPTER 89—NATIONAL CAPITAL MEMORIALS AND

COMMEMORATIVE WORKS

Sec.

8901. Purposes.

8902. Definitions and nonapplication.

8903. Congressional authorization of commemorative works.

8904. National Capital Memorial Commission.

8905. Site and design approval.

8906. Criteria for issuance of construction permit.

8907. Temporary site designation.

8908. Areas I and II.

8909. Administrative.

§ 8901. Purposes

The purposes of this chapter are— (1) to preserve the integrity of the comprehensive design

of the L’Enfant and McMillan plans for the Nation’s Capital;

(2) to ensure the continued public use and enjoyment of

open space in the District of Columbia;

(3) to preserve, protect and maintain the limited amount

of open space available to residents of, and visitors to, the

Nation’s Capital; and

(4) to ensure that future commemorative works in areas

administered by the National Park Service and the Administrator of General Services in the District of Columbia and

its environs—

(A) are appropriately designed, constructed, and located;

and

(B) reflect a consensus of the lasting national significance

of the subjects involved.

§ 8902. Definitions and nonapplication

(a) DEFINITIONS.—In this chapter, the following definitions apply:

(1) COMMEMORATIVE WORK.—The term ‘‘commemorative

work’’—

(A) means any statue, monument, sculpture, memorial,

plaque, inscription, or other structure or landscape feature,

including a garden or memorial grove, designed to perpetuate in a permanent manner the memory of an individual,

116 STAT. 1228 PUBLIC LAW 107–217—AUG. 21, 2002

group, event or other significant element of American history; but

(B) does not include an item described in subclause (A)

that is located within the interior of a structure or a

structure which is primarily used for other purposes.

(2) PERSON.—The term ‘‘person’’ means—

(A) a public agency; and

(B) an individual, group or organization—

(i) described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt

from tax under section 501(a) of the Code (26 U.S.C.

501(a)); and

(ii) authorized by Congress to establish a commemorative work in the District of Columbia and its environs.

(3) THE DISTRICT OF COLUMBIA AND ITS ENVIRONS.—The term

‘‘the District of Columbia and its environs’’ means land and

property located in Areas I and II as depicted on the map

numbered 869/86581, and dated May 1, 1986, that the National

Park Service and the Administrator of General Services administer.

(b) NONAPPLICATION.—This chapter does not apply to commemorative works authorized by a law enacted before January 3, 1985.

§ 8903. Congressional authorization of commemorative

works

(a) IN GENERAL.—Commemorative works—

(1) may be established on federal lands referred to in section

8901(4) of this title only as specifically authorized by law;

and

(2) are subject to applicable provisions of this chapter.

(b) MILITARY COMMEMORATIVE WORKS.—A military commemorative work may be authorized only to commemorate a war or similar

major military conflict or a branch of the armed forces. A commemorative work commemorating a lesser conflict or a unit of an armed

force may not be authorized. Commemorative works to a war or

similar major military conflict may not be authorized until at least

10 years after the officially designated end of the event.

(c) WORKS COMMEMORATING EVENTS, INDIVIDUALS, OR GROUPS.—

A commemorative work commemorating an event, individual, or

group of individuals, except a military commemorative work as

described in subsection (b), may not be authorized until after the

25th anniversary of the event, death of the individual, or death

of the last surviving member of the group.

(d) CONSULTATION WITH NATIONAL CAPITAL MEMORIAL COMMISSION.—In considering legislation authorizing commemorative works

in the District of Columbia and its environs, the Committee on

House Administration of the House of Representatives and the

Committee on Energy and Natural Resources of the Senate shall

solicit the views of the National Capital Memorial Commission.

(e) EXPIRATION OF LEGISLATIVE AUTHORITY.—Legislative

authority for a commemorative work expires at the end of the

seven-year period beginning on the date the authority is enacted

unless the Secretary of the Interior or Administrator of General

Services, as appropriate, has issued a construction permit for the

commemorative work during that period.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1229

§ 8904. National Capital Memorial Commission

(a) ESTABLISHMENT AND COMPOSITION.—There is a National Capital Memorial Commission. The membership of the Commission

consists of— (1) the Director of the National Park Service;

(2) the Architect of the Capitol;

(3) the Chairman of the American Battle Monuments

Commission;

(4) the Chairman of the Commission of Fine Arts;

(5) the Chairman of the National Capital Planning Commission;

(6) the Mayor of the District of Columbia;

(7) the Commissioner of the Public Buildings Service of the

General Services Administration; and

(8) the Secretary of Defense.

(b) CHAIRMAN.—The Director is the Chairman of the National

Capital Memorial Commission.

(c) ADVISORY ROLE.—The National Capital Memorial Commission

shall advise the Secretary of the Interior and the Administrator

of General Services on policy and procedures for establishment

of, and proposals to establish, commemorative works in the District

of Columbia and its environs and on other matters concerning

commemorative works in the Nation’s Capital as the Commission

considers appropriate.

(d) MEETINGS.—The National Capital Memorial Commission shall

meet at least twice annually.

§ 8905. Site and design approval

(a) CONSULTATION ON, AND SUBMISSION OF, PROPOSALS.—A person

authorized by law to establish a commemorative work in the District

of Columbia and its environs may request a permit for construction

of the commemorative work only after the following requirements

are met:

(1) CONSULTATION.—The person must consult with the

National Capital Memorial Commission regarding the selection

of alternative sites and designs for the commemorative work.

(2) SUBMITTAL.—Following consultation in accordance with

clause (1), the Secretary of the Interior or the Administrator

of General Services, as appropriate, must submit, on behalf

of the person, site and design proposals to the Commission

of Fine Arts and the National Capital Planning Commission

for their approval.

(b) DECISION CRITERIA.—In considering site and design proposals,

the Commission of Fine Arts, National Capital Planning Commission, Secretary, and Administrator shall be guided by, but not

limited by, the following criteria:

(1) SURROUNDINGS.—To the maximum extent possible, a

commemorative work shall be located in surroundings that

are relevant to the subject of the work.

(2) LOCATION.—A commemorative work shall be located so

that—

(A) it does not interfere with, or encroach on, an existing

commemorative work; and

(B) to the maximum extent practicable, it protects open

space and existing public use.

(3) MATERIAL.—A commemorative work shall be constructed

of durable material suitable to the outdoor environment.

116 STAT. 1230 PUBLIC LAW 107–217—AUG. 21, 2002

(4) LANDSCAPE FEATURES.—Landscape features of commemorative works shall be compatible with the climate.

§ 8906. Criteria for issuance of construction permit

(a) CRITERIA FOR ISSUING PERMIT.—Before issuing a permit for

the construction of a commemorative work in the District of

Columbia and its environs, the Secretary of the Interior or Administrator of General Services, as appropriate, shall determine that—

(1) the site and design have been approved by the Secretary

or Administrator, the National Capital Planning Commission

and the Commission of Fine Arts;

(2) knowledgeable individuals qualified in the field of

preservation and maintenance have been consulted to determine structural soundness and durability of the commemorative

work and to ensure that the commemorative work meets high

professional standards;

(3) the person authorized to construct the commemorative

work has submitted contract documents for construction of

the commemorative work to the Secretary or Administrator;

and

(4) the person authorized to construct the commemorative

work has available sufficient amounts to complete construction

of the project.

(b) DONATION FOR PERPETUAL MAINTENANCE AND PRESERVATION.—

(1) AMOUNT.—In addition to the criteria described in subsection (a), a construction permit may not be issued unless

the person authorized to construct the commemorative work

has donated an amount equal to 10 percent of the total estimated cost of construction to offset the costs of perpetual

maintenance and preservation of the commemorative work. The

amounts shall be credited to a separate account in the Treasury.

(2) AVAILABILITY.—The Secretary of the Treasury shall make

any part of the donated amount available to the Secretary

of the Interior or Administrator for maintenance at the request

of the Secretary of the Interior or Administrator. The Secretary

of the Interior or Administrator shall not request more from

the separate account than the total amount deposited by persons establishing commemorative works in areas the Secretary

of the Interior or Administrator administers.

(3) INVENTORY OF AVAILABLE AMOUNTS.—The Secretary of

the Interior and Administrator shall maintain an inventory

of amounts available under this subsection. The amounts are

not subject to annual appropriations.

(4) NONAPPLICABILITY.—This subsection does not apply when

a department or agency of the Federal Government constructs

the work and less than 50 percent of the funding for the

work is provided by private sources.

(c) SUSPENSION FOR MISREPRESENTATION IN FUNDRAISING.—The

Secretary of the Interior or Administrator may suspend any activity

under this chapter that relates to the establishment of a commemorative work if the Secretary or Administrator determines that fundraising efforts relating to the work have misrepresented an affiliation with the work or the Federal Government.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1231

(d) ANNUAL REPORT.—The person authorized to construct a

commemorative work under this chapter must submit to the Secretary of the Interior or Administrator an annual report of operations, including financial statements audited by an independent

certified public accountant. The person shall pay for the report.

§ 8907. Temporary site designation

(a) CRITERION FOR DESIGNATION.—If the Secretary of the Interior,

in consultation with the National Capital Memorial Commission,

determines that a site where commemorative works may be displayed on a temporary basis is necessary to aid in the preservation

of the limited amount of open space available to residents of, and

visitors to, the Nation’s Capital, a site may be designated on land

the Secretary administers in the District of Columbia.

(b) PLAN.—A designation may be made under subsection (a) only

if, at least 120 days before the designation, the Secretary, in consultation with the Commission, prepares and submits to Congress

a plan for the site. The plan shall include specifications for the

location, construction, and administration of the site and criteria

for displaying commemorative works at the site.

(c) RISK AND AGREEMENT TO INDEMNIFY.—A commemorative work

displayed at the site shall be installed, maintained, and removed

at the sole expense and risk of the person authorized to display

the work. The person shall agree to indemnify the United States

for any liability arising from the display of the commemorative

work under this section.

§ 8908. Areas I and II

(a) AVAILABILITY OF MAP.—The Secretary of the Interior and

Administrator of General Services shall make available, for public

inspection at appropriate offices of the National Park Service and

the General Services Administration, the map numbered 869/86581,

and dated May 1, 1986.

(b) SPECIFIC CONDITIONS APPLICABLE TO AREA I AND AREA II.—

(1) AREA I.—After seeking the advice of the National Capital

Memorial Commission, the Secretary or Administrator, as

appropriate, may recommend the location of a commemorative

work in Area I only if the Secretary or Administrator decides

that the subject of the commemorative work is of preeminent

historical and lasting significance to the United States. The

Secretary or Administrator shall notify the Commission, the

Committee on House Administration of the House of Representatives, and the Committee on Energy and Natural Resources

of the Senate of the recommendation that a commemorative

work should be located in Area I. The location of a commemorative work in Area I is deemed to be authorized only if the

recommendation is approved by law not later than 150 calendar

days after the notification.

(2) AREA II.—Commemorative works of subjects of lasting

historical significance to the American people may be located

in Area II.

§ 8909. Administrative

(a) MAINTENANCE OF DOCUMENTATION OF DESIGN AND CONSTRUCTION.—Complete documentation of design and construction of each

commemorative work located in the District of Columbia and its

environs shall be provided to the Secretary of the Interior or

116 STAT. 1232 PUBLIC LAW 107–217—AUG. 21, 2002

Administrator of General Services, as appropriate, and shall be

permanently maintained in the manner provided by law.

(b) RESPONSIBILITY FOR MAINTENANCE OF COMPLETED WORK.—

On completion of any commemorative work in the District of

Columbia and its environs, the Secretary or Administrator, as

appropriate, shall assume responsibility for maintaining the work.

(c) REGULATIONS OR STANDARDS.—The Secretary and Administrator shall prescribe appropriate regulations or standards to carry

out this chapter.

CHAPTER 91—COMMISSION OF FINE ARTS

Sec.

9101. Establishment, composition, and vacancies.

9102. Duties.

9103. Personnel.

9104. Authorization of appropriations.

§ 9101. Establishment, composition, and vacancies

(a) ESTABLISHMENT.—There is a Commission of Fine Arts.

(b) COMPOSITION.—The Commission is composed of seven wellqualified judges of the fine arts, appointed by the President, who

serve for four years each or until their successors are appointed

and qualified.

(c) VACANCIES.—The President shall fill vacancies on the Commission.

(d) EXPENSES.—Members of the Commission shall be paid actual

expenses in traveling to and from the District of Columbia to

attend Commission meetings and while attending those meetings.

§ 9102. Duties

(a) IN GENERAL.—The Commission of Fine Arts shall advise on— (1) the location of statues, fountains, and monuments in

the public squares, streets, and parks in the District of

Columbia;

(2) the selection of models for statues, fountains, and monuments erected under the authority of the Federal Government;

(3) the selection of artists to carry out clause (2); and

(4) questions of art generally when required to do so by

the President or a committee of Congress.

(b) DUTY TO REQUEST ADVICE.—The officers required to decide

the questions described in subsection (a)(1)–(3) shall request the

Commission to provide the advice.

(c) NONAPPLICATION.—This section does not apply to the Capitol

Building and the Library of Congress buildings.

§ 9103. Personnel

The Commission of Fine Arts has a secretary and other assistance

the Commission authorizes. The secretary is the executive officer

of the Commission.

§ 9104. Authorization of appropriations

Necessary amounts may be appropriated to carry out this chapter.

CHAPTER 93—THEODORE ROOSEVELT ISLAND

Sec.

9301. Maintenance and administration.

9302. Consent of Theodore Roosevelt Association required for development.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1233

9303. Access to Theodore Roosevelt Island.

9304. Source of appropriations.

§ 9301. Maintenance and administration

The Director of the National Park Service shall maintain and

administer Theodore Roosevelt Island as a natural park for the

recreation and enjoyment of the public.

§ 9302. Consent of Theodore Roosevelt Association required

for development

(a) GENERAL PLAN FOR DEVELOPMENT.—The Theodore Roosevelt

Association must approve every general plan for the development

of Theodore Roosevelt Island.

(b) DEVELOPMENT INCONSISTENT WITH PLAN.—As long as the

Association remains in existence, development inconsistent with

the general plan may not be carried out without the Association’s

consent.

§ 9303. Access to Theodore Roosevelt Island

Subject to the approval of the National Capital Planning Commission and the availability of appropriations, the Director of the

National Park Service may provide suitable means of access to

and on Theodore Roosevelt Island.

§ 9304. Source of appropriations

The appropriations needed for construction of suitable means

of access to and on Theodore Roosevelt Island and annually for

the care, maintenance, and improvement of the land and improvements may be made from amounts not otherwise appropriated

from the Treasury.

CHAPTER 95—WASHINGTON AQUEDUCT AND OTHER

PUBLIC WORKS IN THE DISTRICT OF COLUMBIA

Sec.

9501. Chief of Engineers.

9502. Authority of Chief of Engineers.

9503. Record of property.

9504. Reports.

9505. Paying for main pipes.

9506. Civil penalty.

9507. Control of expenditures.

§ 9501. Chief of Engineers

(a) SUPERINTENDENCE DUTIES.—

(1) WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS AND

IMPROVEMENTS IN THE DISTRICT OF COLUMBIA.—The Chief of

Engineers has the immediate superintendence of—

(A) the Washington Aqueduct, together with all rights,

appurtenances, and fixtures connected with the Aqueduct

and belonging to the Federal Government; and

(B) all other public works and improvements in the District of Columbia in which the Government has an interest

and which are not otherwise specially provided for by law.

(2) OBEYING REGULATIONS.—In carrying out paragraph (1),

the Chief of Engineers shall obey regulations the President

prescribes, through the Secretary of the Army.

(b) NO INCREASE IN COMPENSATION.—The Chief of Engineers

shall not receive additional compensation for the services required

under this chapter.

116 STAT. 1234 PUBLIC LAW 107–217—AUG. 21, 2002

(c) OFFICE.—The Chief of Engineers shall be furnished an office

in one of the public buildings in the District of Columbia, as the

Administrator of General Services directs, and shall be supplied

by the Federal Government with stationery, instruments, books,

and furniture which may be required for the performance of the

duties of the Chief of Engineers.

§ 9502. Authority of Chief of Engineers

(a) IN GENERAL.—The Chief of Engineers and necessary assistants

may use all lawful means to carry out their duties.

(b) SUPPLY OF WATER IN DISTRICT OF COLUMBIA.—

(1) PROVIDING WATER.—The Chief of Engineers has complete

control over the Washington Aqueduct to regulate the manner

in which the authorities of the District of Columbia may tap

the supply of water to the inhabitants of the District of

Columbia.

(2) STOPPAGE OF WATER FLOW.—The Chief of Engineers shall

stop the authorities of the District of Columbia from tapping

the supply of water when the supply is no more than adequate

to the wants of the public buildings and grounds.

(3) APPEAL OF DECISION.—The decision of the Chief of Engineers on all questions concerning the supply of water under

this subsection may be appealed only to the Secretary of the

Army.

§ 9503. Record of property

The Chief of Engineers shall keep in the office a complete record

of all land and other property connected with or belonging to the

Washington Aqueduct and other public works under the charge

of the Chief of Engineers, together with accurate plans and surveys

of the public grounds and reservations in the District of Columbia.

§ 9504. Reports

As superintendent of the Washington Aqueduct, the Chief of

Engineers annually shall submit to the Secretary of the Army,

within nine months after the end of the fiscal year, a report of

the Chief of Engineers’ operations for that year and a report of

the condition, progress, repairs, casualties, and expenditures of

the Washington Aqueduct and other public works under the charge

of the Chief of Engineers.

§ 9505. Paying for main pipes

(a) FEDERAL GOVERNMENT.—The Federal Government shall only

pay for the number of main pipes of the Washington Aqueduct

needed to furnish public buildings, offices, and grounds with the

necessary supply of water.

(b) DISTRICT OF COLUMBIA.—The District of Columbia shall pay

the cost of any main pipe of the Washington Aqueduct which

supplies water to the inhabitants of the District of Columbia, in

the manner provided by law.

§ 9506. Civil penalty

A person that, without the consent of the Chief of Engineers,

taps or opens the mains or pipes laid by the Federal Government

is liable to the Government for a civil penalty of at least $50

and not more than $500.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1235

§ 9507. Control of expenditures

Unless expressly provided for by law, the Secretary of the Army

shall direct the expenditure of amounts appropriated for the Washington Aqueduct and for other public works in the District of

Columbia.

SUBTITLE III—INFORMATION TECHNOLOGY

MANAGEMENT

CHAPTER Sec.

111. GENERAL ................................................................................................... 11101

113. RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY.11301

115. INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS 11501

117. ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS.11701

CHAPTER 111—GENERAL

Sec.

11101. Definitions.

11102. Sense of Congress.

11103. Applicability to national security systems.

§ 11101. Definitions

In this subtitle, the following definitions apply:

(1) COMMERCIAL ITEM.—The term ‘‘commercial item’’ has the

meaning given that term in section 4 of the Office of Federal

Procurement Policy Act (41 U.S.C. 403).

(2) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has

the meaning given that term in section 4 of the Act (41 U.S.C.

403).

(3) INFORMATION RESOURCES.—The term ‘‘information

resources’’ has the meaning given that term in section 3502

of title 44.

(4) INFORMATION RESOURCES MANAGEMENT.—The term

‘‘information resources management’’ has the meaning given

that term in section 3502 of title 44.

(5) INFORMATION SYSTEM.—The term ‘‘information system’’

has the meaning given that term in section 3502 of title 44.

(6) INFORMATION TECHNOLOGY.—The term ‘‘information

technology’’—

(A) with respect to an executive agency means any equipment or interconnected system or subsystem of equipment,

used in the automatic acquisition, storage, manipulation,

management, movement, control, display, switching, interchange, transmission, or reception of data or information

by the executive agency, if the equipment is used by the

executive agency directly or is used by a contractor under

a contract with the executive agency that requires the

use—

(i) of that equipment; or

(ii) of that equipment to a significant extent in the

performance of a service or the furnishing of a product;

(B) includes computers, ancillary equipment, software,

firmware and similar procedures, services (including support services), and related resources; but

(C) does not include any equipment acquired by a federal

contractor incidental to a federal contract.

116 STAT. 1236 PUBLIC LAW 107–217—AUG. 21, 2002

§ 11102. Sense of Congress

It is the sense of Congress that, during the five-year period

beginning with 1996, executive agencies should achieve each year

through improvements in information resources management by

the agency—

(1) at least a five percent decrease in the cost (in constant

fiscal year 1996 dollars) incurred by the agency in operating

and maintaining information technology; and

(2) a five percent increase in the efficiency of the agency

operations.

§ 11103. Applicability to national security systems

(a) DEFINITION.— (1) NATIONAL SECURITY SYSTEM.—In this section, the term ‘‘national security system’’ means a telecommunications or

information system operated by the Federal Government, the

function, operation, or use of which— (A) involves intelligence activities;

(B) involves cryptologic activities related to national security;

(C) involves command and control of military forces;

(D) involves equipment that is an integral part of a

weapon or weapons system; or

(E) subject to paragraph (2), is critical to the direct

fulfillment of military or intelligence missions.

(2) LIMITATION.—Paragraph (1)(E) does not include a system

to be used for routine administrative and business applications

(including payroll, finance, logistics, and personnel management

applications).

(b) IN GENERAL.—Except as provided in subsection (c), chapter

113 of this title does not apply to national security systems.

(c) EXCEPTIONS.—

(1) IN GENERAL.—Sections 11313, 11315, and 11316 of this

title apply to national security systems.

(2) CAPITAL PLANNING AND INVESTMENT CONTROL.—The heads

of executive agencies shall apply sections 11302 and 11312

of this title to national security systems to the extent practicable.

(3) APPLICABILITY OF PERFORMANCE-BASED AND RESULTSBASED MANAGEMENT TO NATIONAL SECURITY SYSTEMS.—

(A) IN GENERAL.—Subject to subparagraph (B), the heads

of executive agencies shall apply section 11303 of this title

to national security systems to the extent practicable.

(B) EXCEPTION.—National security systems are subject

to section 11303(b)(5) of this title, except for subparagraph

(B)(iv).

CHAPTER 113—RESPONSIBILITY FOR ACQUISITIONS OF

INFORMATION TECHNOLOGY

SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET

Sec.

11301. Responsibility of Director.

11302. Capital planning and investment control.

11303. Performance-based and results-based management.

SUBCHAPTER II—EXECUTIVE AGENCIES

11311. Responsibilities.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1237

11312. Capital planning and investment control.

11313. Performance and results-based management.

11314. Authority to acquire and manage information technology.

11315. Agency Chief Information Officer.

11316. Accountability.

11317. Significant deviations.

11318. Interagency support.

SUBCHAPTER III—OTHER RESPONSIBILITIES

11331. Responsibilities regarding efficiency, security, and privacy of federal computer systems. 11332. Federal computer system security training and plan.

SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT

AND BUDGET

§ 11301. Responsibility of Director

In fulfilling the responsibility to administer the functions assigned

under chapter 35 of title 44, the Director of the Office of Management and Budget shall comply with this chapter with respect to

the specific matters covered by this chapter.

§ 11302. Capital planning and investment control

(a) FEDERAL INFORMATION TECHNOLOGY.—The Director of the

Office of Management and Budget shall perform the responsibilities

set forth in this section in fulfilling the responsibilities under section

3504(h) of title 44.

(b) USE OF INFORMATION TECHNOLOGY IN FEDERAL PROGRAMS.—

The Director shall promote and improve the acquisition, use, and

disposal of information technology by the Federal Government to

improve the productivity, efficiency, and effectiveness of federal

programs, including through dissemination of public information

and the reduction of information collection burdens on the public.

(c) USE OF BUDGET PROCESS.—

(1) ANALYZING, TRACKING, AND EVALUATING CAPITAL INVESTMENTS.—As part of the budget process, the Director shall

develop a process for analyzing, tracking, and evaluating the

risks and results of all major capital investments made by

an executive agency for information systems. The process shall

cover the life of each system and shall include explicit criteria

for analyzing the projected and actual costs, benefits, and risks

associated with the investments.

(2) REPORT TO CONGRESS.—At the same time that the President submits the budget for a fiscal year to Congress under

section 1105(a) of title 31, the Director shall submit to Congress

a report on the net program performance benefits achieved

as a result of major capital investments made by executive

agencies for information systems and how the benefits relate

to the accomplishment of the goals of the executive agencies.

(d) INFORMATION TECHNOLOGY STANDARDS.—The Director shall

oversee the development and implementation of standards and

guidelines pertaining to federal computer systems by the Secretary

of Commerce through the National Institute of Standards and Technology under section 11331 of this title and section 20 of the

National Institute of Standards and Technology Act (15 U.S.C.

278g–3).

(e) DESIGNATION OF EXECUTIVE AGENTS FOR ACQUISITIONS.—The

Director shall designate the head of one or more executive agencies,

as the Director considers appropriate, as executive agent for Government-wide acquisitions of information technology.

116 STAT. 1238 PUBLIC LAW 107–217—AUG. 21, 2002

(f) USE OF BEST PRACTICES IN ACQUISITIONS.—The Director shall

encourage the heads of the executive agencies to develop and use

the best practices in the acquisition of information technology.

(g) ASSESSMENT OF OTHER MODELS FOR MANAGING INFORMATION

TECHNOLOGY.—On a continuing basis, the Director shall assess

the experiences of executive agencies, state and local governments,

international organizations, and the private sector in managing

information technology.

(h) COMPARISON OF AGENCY USES OF INFORMATION TECH- NOLOGY.—The Director shall compare the performances of the

executive agencies in using information technology and shall

disseminate the comparisons to the heads of the executive agencies.

(i) MONITORING TRAINING.—The Director shall monitor the

development and implementation of training in information

resources management for executive agency personnel.

(j) INFORMING CONGRESS.—The Director shall keep Congress fully

informed on the extent to which the executive agencies are

improving the performance of agency programs and the accomplishment of the agency missions through the use of the best practices

in information resources management.

(k) COORDINATION OF POLICY DEVELOPMENT AND REVIEW.—The

Director shall coordinate with the Office of Federal Procurement

Policy the development and review by the Administrator of the

Office of Information and Regulatory Affairs of policy associated

with federal acquisition of information technology.

§ 11303. Performance-based and results-based management

(a) IN GENERAL.—The Director of the Office of Management and

Budget shall encourage the use of performance-based and resultsbased management in fulfilling the responsibilities assigned under

section 3504(h) of title 44.

(b) EVALUATION OF AGENCY PROGRAMS AND INVESTMENTS.—

(1) REQUIREMENT.—The Director shall evaluate the information resources management practices of the executive agencies

with respect to the performance and results of the investments

made by the executive agencies in information technology.

(2) DIRECTION FOR EXECUTIVE AGENCY ACTION.—The Director

shall issue to the head of each executive agency clear and

concise direction that the head of each agency shall—

(A) establish effective and efficient capital planning processes for selecting, managing, and evaluating the results

of all of its major investments in information systems;

(B) determine, before making an investment in a new

information system—

(i) whether the function to be supported by the

system should be performed by the private sector and,

if so, whether any component of the executive agency

performing that function should be converted from a

governmental organization to a private sector organization; or

(ii) whether the function should be performed by

the executive agency and, if so, whether the function

should be performed by a private sector source under

contract or by executive agency personnel;

(C) analyze the missions of the executive agency and,

based on the analysis, revise the executive agency’s mission-related processes and administrative processes, as

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1239

appropriate, before making significant investments in

information technology to be used in support of those missions; and

(D) ensure that the information security policies, procedures, and practices are adequate.

(3) GUIDANCE FOR MULTIAGENCY INVESTMENTS.—The direction issued under paragraph (2) shall include guidance for

undertaking efficiently and effectively interagency and Federal

Government-wide investments in information technology to

improve the accomplishment of missions that are common to

the executive agencies.

(4) PERIODIC REVIEWS.—The Director shall implement

through the budget process periodic reviews of selected information resources management activities of the executive agencies

to ascertain the efficiency and effectiveness of information technology in improving the performance of the executive agency

and the accomplishment of the missions of the executive agency.

(5) ENFORCEMENT OF ACCOUNTABILITY.—

(A) IN GENERAL.—The Director may take any action that

the Director considers appropriate, including an action

involving the budgetary process or appropriations management process, to enforce accountability of the head of an

executive agency for information resources management

and for the investments made by the executive agency

in information technology.

(B) SPECIFIC ACTIONS.—Actions taken by the Director

may include—

(i) recommending a reduction or an increase in the

amount for information resources that the head of the

executive agency proposes for the budget submitted

to Congress under section 1105(a) of title 31;

(ii) reducing or otherwise adjusting apportionments

and reapportionments of appropriations for information

resources;

(iii) using other administrative controls over appropriations to restrict the availability of amounts for

information resources; and

(iv) designating for the executive agency an executive

agent to contract with private sector sources for the

performance of information resources management or

the acquisition of information technology.

SUBCHAPTER II—EXECUTIVE AGENCIES

§ 11311. Responsibilities

In fulfilling the responsibilities assigned under chapter 35 of

title 44, the head of each executive agency shall comply with this

subchapter with respect to the specific matters covered by this

subchapter.

§ 11312. Capital planning and investment control

(a) DESIGN OF PROCESS.—In fulfilling the responsibilities assigned

under section 3506(h) of title 44, the head of each executive agency

shall design and implement in the executive agency a process

for maximizing the value, and assessing and managing the risks,

of the information technology acquisitions of the executive agency.

116 STAT. 1240 PUBLIC LAW 107–217—AUG. 21, 2002

(b) CONTENT OF PROCESS.—The process of an executive agency

shall—

(1) provide for the selection of information technology investments to be made by the executive agency, the management

of those investments, and the evaluation of the results of those

investments;

(2) be integrated with the processes for making budget, financial, and program management decisions in the executive

agency;

(3) include minimum criteria to be applied in considering

whether to undertake a particular investment in information

systems, including criteria related to the quantitatively

expressed projected net, risk-adjusted return on investment

and specific quantitative and qualitative criteria for comparing

and prioritizing alternative information systems investment

projects;

(4) identify information systems investments that would

result in shared benefits or costs for other federal agencies

or state or local governments;

(5) identify quantifiable measurements for determining the

net benefits and risks of a proposed investment; and

(6) provide the means for senior management personnel of

the executive agency to obtain timely information regarding

the progress of an investment in an information system, including a system of milestones for measuring progress, on an independently verifiable basis, in terms of cost, capability of the

system to meet specified requirements, timeliness, and quality.

§ 11313. Performance and results-based management

In fulfilling the responsibilities under section 3506(h) of title

44, the head of an executive agency shall—

(1) establish goals for improving the efficiency and effectiveness of agency operations and, as appropriate, the delivery

of services to the public through the effective use of information

technology;

(2) prepare an annual report, to be included in the executive

agency’s budget submission to Congress, on the progress in

achieving the goals;

(3) ensure that performance measurements—

(A) are prescribed for information technology used by,

or to be acquired for, the executive agency; and

(B) measure how well the information technology supports programs of the executive agency;

(4) where comparable processes and organizations in the

public or private sectors exist, quantitatively benchmark agency

process performance against those processes in terms of cost,

speed, productivity, and quality of outputs and outcomes;

(5) analyze the missions of the executive agency and, based

on the analysis, revise the executive agency’s mission-related

processes and administrative processes as appropriate before

making significant investments in information technology to

be used in support of the performance of those missions; and

(6) ensure that the information security policies, procedures,

and practices of the executive agency are adequate.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1241

§ 11314. Authority to acquire and manage information technology

(a) IN GENERAL.—The authority of the head of an executive

agency to acquire information technology includes— (1) acquiring information technology as authorized by law;

(2) making a contract that provides for multiagency acquisitions of information technology in accordance with guidance

issued by the Director of the Office of Management and Budget;

and

(3) if the Director finds that it would be advantageous for

the Federal Government to do so, making a multiagency contract for procurement of commercial items of information technology that requires each executive agency covered by the contract, when procuring those items, to procure the items under

that contract or to justify an alternative procurement of the

items.

(b) FTS 2000 PROGRAM.—The Administrator of General Services

shall continue to manage the FTS 2000 program, and to coordinate

the follow-on to that program, for and with the advice of the

heads of executive agencies.

§ 11315. Agency Chief Information Officer

(a) DEFINITION.—In this section, the term ‘‘information technology

architecture’’, with respect to an executive agency, means an

integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve

the agency’s strategic goals and information resources management

goals.

(b) GENERAL RESPONSIBILITIES.—The Chief Information Officer

of an executive agency is responsible for— (1) providing advice and other assistance to the head of

the executive agency and other senior management personnel

of the executive agency to ensure that information technology

is acquired and information resources are managed for the

executive agency in a manner that implements the policies

and procedures of this subtitle, consistent with chapter 35

of title 44 and the priorities established by the head of the

executive agency;

(2) developing, maintaining, and facilitating the implementation of a sound and integrated information technology architecture for the executive agency; and

(3) promoting the effective and efficient design and operation

of all major information resources management processes for

the executive agency, including improvements to work processes

of the executive agency.

(c) DUTIES AND QUALIFICATIONS.—The Chief Information Officer

of an agency listed in section 901(b) of title 31—

(1) has information resources management duties as that

official’s primary duty;

(2) monitors the performance of information technology programs of the agency, evaluates the performance of those programs on the basis of the applicable performance measurements, and advises the head of the agency regarding whether

to continue, modify, or terminate a program or project; and

(3) annually, as part of the strategic planning and performance evaluation process required (subject to section 1117 of

title 31) under section 306 of title 5 and sections 1105(a)(28),

116 STAT. 1242 PUBLIC LAW 107–217—AUG. 21, 2002

1115–1117, and 9703 (as added by section 5(a) of the Government Performance and Results Act of 1993 (Public Law 103– 62, 107 Stat. 289)) of title 31— (A) assesses the requirements established for agency personnel regarding knowledge and skill in information

resources management and the adequacy of those requirements for facilitating the achievement of the performance

goals established for information resources management;

(B) assesses the extent to which the positions and personnel at the executive level of the agency and the positions

and personnel at management level of the agency below

the executive level meet those requirements;

(C) develops strategies and specific plans for hiring,

training, and professional development to rectify any deficiency in meeting those requirements; and

(D) reports to the head of the agency on the progress

made in improving information resources management

capability.

§ 11316. Accountability

The head of each executive agency, in consultation with the

Chief Information Officer and the Chief Financial Officer of that

executive agency (or, in the case of an executive agency without

a chief financial officer, any comparable official), shall establish

policies and procedures to ensure that—

(1) the accounting, financial, asset management, and other

information systems of the executive agency are designed,

developed, maintained, and used effectively to provide financial

or program performance data for financial statements of the

executive agency;

(2) financial and related program performance data are provided on a reliable, consistent, and timely basis to executive

agency financial management systems; and

(3) financial statements support—

(A) assessments and revisions of mission-related processes and administrative processes of the executive agency;

and

(B) measurement of the performance of investments made

by the agency in information systems.

§ 11317. Significant deviations

The head of each executive agency shall identify in the strategic

information resources management plan required under section

3506(b)(2) of title 44 any major information technology acquisition

program, or any phase or increment of that program, that has

significantly deviated from the cost, performance, or schedule goals

established for the program.

§ 11318. Interagency support

The head of an executive agency may use amounts available

to the agency for oversight, acquisition, and procurement of information technology to support jointly with other executive agencies

the activities of interagency groups that are established to advise

the Director of the Office of Management and Budget in carrying

out the Director’s responsibilities under this chapter. The use of

those amounts for that purpose is subject to requirements and

limitations on uses and amounts that the Director may prescribe.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1243

The Director shall prescribe the requirements and limitations during the Director’s review of the executive agency’s proposed budget

submitted to the Director by the head of the executive agency

for purposes of section 1105 of title 31.

SUBCHAPTER III—OTHER RESPONSIBILITIES

§ 11331. Responsibilities regarding efficiency, security, and

privacy of federal computer systems

(a) DEFINITIONS.—In this section, the terms ‘‘federal computer

system’’ and ‘‘operator of a federal computer system’’ have the

meanings given those terms in section 20(d) of the National

Institute of Standards and Technology Act (15 U.S.C. 278g–3(d)).

(b) STANDARDS AND GUIDELINES.— (1) AUTHORITY TO PRESCRIBE AND DISAPPROVE OR MODIFY.— (A) AUTHORITY TO PRESCRIBE.—On the basis of standards

and guidelines developed by the National Institute of

Standards and Technology pursuant to paragraphs (2) and

(3) of section 20(a) of the Act (15 U.S.C. 278g–3(a)(2),

(3)), the Secretary of Commerce shall prescribe standards

and guidelines pertaining to federal computer systems. The

Secretary shall make those standards compulsory and

binding to the extent the Secretary determines necessary

to improve the efficiency of operation or security and privacy of federal computer systems.

(B) AUTHORITY TO DISAPPROVE OR MODIFY.—The President may disapprove or modify those standards and guidelines if the President determines that action to be in the

public interest. The President’s authority to disapprove

or modify those standards and guidelines may not be delegated. Notice of disapproval or modification shall be published promptly in the Federal Register. On receiving notice

of disapproval or modification, the Secretary shall immediately rescind or modify those standards or guidelines

as directed by the President.

(2) EXERCISE OF AUTHORITY.—To ensure fiscal and policy

consistency, the Secretary shall exercise the authority conferred

by this section subject to direction by the President and in

coordination with the Director of the Office of Management

and Budget.

(c) APPLICATION OF MORE STRINGENT STANDARDS.—The head of

a federal agency may employ standards for the cost-effective security and privacy of sensitive information in a federal computer

system in or under the supervision of that agency that are more

stringent than the standards the Secretary prescribes under this

section if the more stringent standards contain at least the

applicable standards the Secretary makes compulsory and binding.

(d) WAIVER OF STANDARDS.—

(1) AUTHORITY OF THE SECRETARY.—The Secretary may waive

in writing compulsory and binding standards under subsection

(b) if the Secretary determines that compliance would— (A) adversely affect the accomplishment of the mission

of an operator of a federal computer system; or

(B) cause a major adverse financial impact on the operator that is not offset by Federal Government-wide savings.

(2) DELEGATION OF WAIVER AUTHORITY.—The Secretary may

delegate to the head of one or more federal agencies authority

116 STAT. 1244 PUBLIC LAW 107–217—AUG. 21, 2002

to waive those standards to the extent the Secretary determines

that action to be necessary and desirable to allow for timely

and effective implementation of federal computer system standards. The head of the agency may redelegate that authority

only to a chief information officer designated pursuant to section

3506 of title 44.

(3) NOTICE.—Notice of each waiver and delegation shall be

transmitted promptly to Congress and published promptly in

the Federal Register.

§ 11332. Federal computer system security training and plan

(a) DEFINITIONS.—In this section, the terms ‘‘computer system’’,

‘‘federal agency’’, ‘‘federal computer system’’, ‘‘operator of a federal

computer system’’, and ‘‘sensitive information’’ have the meanings

given those terms in section 20(d) of the National Institute of

Standards and Technology Act (15 U.S.C. 278g–3(d)).

(b) TRAINING—

(1) IN GENERAL.—Each federal agency shall provide for

mandatory periodic training in computer security awareness

and accepted computer security practice of all employees who

are involved with the management, use, or operation of each

federal computer system within or under the supervision of

the agency. The training shall be–

(A) provided in accordance with the guidelines developed

pursuant to section 20(a)(5) of the Act (15 U.S.C. 278g3(a)(5)) and the regulations prescribed under paragraph

(3) for federal civilian employees; or

(B) provided by an alternative training program that

the head of the agency approves after determining that

the alternative training program is at least as effective

in accomplishing the objectives of the guidelines and regulations.

(2) TRAINING OBJECTIVES.—Training under this subsection

shall be designed—

(A) to enhance employees’ awareness of the threats to,

and vulnerability of, computer systems; and

(B) to encourage the use of improved computer security

practices.

(3) REGULATIONS.—The Director of the Office of Personnel

Management shall maintain regulations that establish the

procedures and scope of the training to be provided federal

civilian employees under this subsection and the manner in

which the training is to be carried out.

(c) PLAN.—

(1) IN GENERAL.—Consistent with standards, guidelines, policies, and regulations prescribed pursuant to section 11331 of

this title, each federal agency shall maintain a plan for the

security and privacy of each federal computer system the agency

identifies as being within or under its supervision and as containing sensitive information. The plan must be commensurate

with the risk and magnitude of the harm resulting from the

loss, misuse, or unauthorized access to, or modification of, the

information contained in the system.

(2) REVISION AND REVIEW.—The plan shall be revised

annually as necessary and is subject to disapproval by the

Director of the Office of Management and Budget.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1245

(d) HANDLING OF INFORMATION NOT AFFECTED.—This section does

not— (1) constitute authority to withhold information sought pursuant to section 552 of title 5; or

(2) authorize a federal agency to limit, restrict, regulate,

or control the collection, maintenance, disclosure, use, transfer,

or sale of any information (regardless of the medium in which

the information may be maintained) that is—

(A) privately owned information;

(B) disclosable under section 552 of title 5 or another

law requiring or authorizing the public disclosure of

information; or

(C) public domain information.

CHAPTER 115—INFORMATION TECHNOLOGY

ACQUISITION PILOT PROGRAMS

SUBCHAPTER I—CONDUCT OF PILOT PROGRAMS

Sec.

11501. Authority to conduct pilot programs.

11502. Evaluation criteria and plans.

11503. Report.

11504. Recommended legislation.

11505. Rule of construction.

SUBCHAPTER II—SPECIFIC PILOT PROGRAMS

11521. Share-in-savings pilot program.

11522. Solutions-based contracting pilot program.

SUBCHAPTER I—CONDUCT OF PILOT PROGRAMS

§ 11501. Authority to conduct pilot programs

(a) IN GENERAL.—

(1) PURPOSE.—In consultation with the Administrator for the

Office of Information and Regulatory Affairs, the Administrator

for Federal Procurement Policy may conduct pilot programs

to test alternative approaches for the acquisition of information

technology by executive agencies.

(2) MULTIAGENCY, MULTI-ACTIVITY CONDUCT OF EACH PROGRAM.—Except as otherwise provided in this chapter, each pilot

program conducted under this chapter shall be carried out

in not more than two procuring activities in each of the executive agencies that are designated by the Administrator for

Federal Procurement Policy in accordance with this chapter

to carry out the pilot program. With the approval of the

Administrator for Federal Procurement Policy, the head of each

designated executive agency shall select the procuring activities

of the executive agency that are to participate in the test

and shall designate a procurement testing official who shall

be responsible for the conduct and evaluation of the pilot program within the executive agency.

(b) LIMITATIONS.—

(1) NUMBER.—Not more than two pilot programs may be

conducted under this chapter, including one pilot program each

pursuant to the requirements of sections 11521 and 11522

of this title.

(2) AMOUNT.—The total amount obligated for contracts

entered into under the pilot programs conducted under this

chapter may not exceed $750,000,000. The Administrator for

116 STAT. 1246 PUBLIC LAW 107–217—AUG. 21, 2002

Federal Procurement Policy shall monitor those contracts and

ensure that contracts are not entered into in violation of this

paragraph.

(c) PERIOD OF PROGRAMS.—

(1) IN GENERAL.—Subject to paragraph (2), a pilot program

may be carried out under this chapter for the period, not

in excess of five years, the Administrator for Federal Procurement Policy determines is sufficient to establish reliable results.

(2) CONTINUING VALIDITY OF CONTRACTS.—A contract entered

into under the pilot program before the expiration of that

program remains in effect according to the terms of the contract

after the expiration of the program.

§ 11502. Evaluation criteria and plans

(a) MEASURABLE TEST CRITERIA.—To the maximum extent practicable, the head of each executive agency conducting a pilot program under section 11501 of this title shall establish measurable

criteria for evaluating the effects of the procedures or techniques

to be tested under the program.

(b) TEST PLAN.—Before a pilot program may be conducted under

section 11501 of this title, the Administrator for Federal Procurement Policy shall submit to Congress a detailed test plan for the

program, including a detailed description of the procedures to be

used and a list of regulations that are to be waived.

§ 11503. Report

(a) REQUIREMENT.—Not later than 180 days after the completion

of a pilot program under this chapter, the Administrator for Federal

Procurement Policy shall—

(1) submit to the Director of the Office of Management and

Budget a report on the results and findings under the program;

and

(2) provide a copy of the report to Congress.

(b) CONTENT.—The report shall include—

(1) a detailed description of the results of the program, as

measured by the criteria established for the program; and

(2) a discussion of legislation that the Administrator recommends, or changes in regulations that the Administrator

considers necessary, to improve overall information resources

management in the Federal Government.

§ 11504. Recommended legislation

If the Director of the Office of Management and Budget determines that the results and findings under a pilot program under

this chapter indicate that legislation is necessary or desirable to

improve the process for acquisition of information technology, the

Director shall transmit the Director’s recommendations for that

legislation to Congress.

§ 11505. Rule of construction

This chapter does not authorize the appropriation or obligation

of amounts for the pilot programs authorized under this chapter.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1247

SUBCHAPTER II—SPECIFIC PILOT PROGRAMS

§ 11521. Share-in-savings pilot program

(a) REQUIREMENT.—The Administrator for Federal Procurement

Policy may authorize the heads of two executive agencies to carry

out a pilot program to test the feasibility of—

(1) contracting on a competitive basis with a private sector

source to provide the Federal Government with an information

technology solution for improving mission-related or administrative processes of the Federal Government; and

(2) paying the private sector source an amount equal to

a portion of the savings derived by the Federal Government

from any improvements in mission-related processes and

administrative processes that result from implementation of

the solution.

(b) LIMITATIONS.—The head of an executive agency authorized

to carry out the pilot program may carry out one project and

enter into not more than five contracts for the project under the

pilot program.

(c) SELECTION OF PROJECTS.—In consultation with the Administrator for the Office of Information and Regulatory Affairs, the

Administrator for Federal Procurement Policy shall select the

projects.

§ 11522. Solutions-based contracting pilot program

(a) DEFINITION.—For purposes of this section, ‘‘solutions-based

contracting’’ is an acquisition method under which the acquisition

objectives are defined by the Federal Government user of the technology to be acquired, a streamlined contractor selection process

is used, and industry sources are allowed to provide solutions that

attain the objectives effectively.

(b) IN GENERAL.—The Administrator for Federal Procurement

Policy may authorize the head of an executive agency, in accordance

with subsection (d), to carry out a pilot program to test the feasibility of using solutions-based contracting for the acquisition of

information technology.

(c) PROCESS REQUIREMENTS.—The Administrator shall require

use of a process with the following aspects for acquisitions under

the pilot program:

(1) ACQUISITION PLAN EMPHASIZING DESIRED RESULT.—

Preparation of an acquisition plan that defines the functional

requirements of the intended users of the information technology to be acquired, identifies the operational improvements

to be achieved, and defines the performance measurements

to be applied in determining whether the information technology acquired satisfies the defined requirements and attains

the identified results.

(2) RESULTS-ORIENTED STATEMENT OF WORK.—Use of a statement of work that is limited to an expression of the end results

or performance capabilities desired under the acquisition plan.

(3) SMALL ACQUISITION ORGANIZATION.—Assembly of a small

acquisition organization consisting of the following:

(A) An acquisition management team, the members of

which are to be evaluated and rewarded under the pilot

program for contributions toward attainment of the desired

results identified in the acquisition plan.

116 STAT. 1248 PUBLIC LAW 107–217—AUG. 21, 2002

(B) A small source selection team composed of representatives of the specific mission or administrative area to be

supported by the information technology to be acquired,

a contracting officer, and individuals with relevant expertise.

(4) USE OF SOURCE SELECTION FACTORS EMPHASIZING SOURCE

QUALIFICATIONS AND COSTS.—Use of source selection factors

that emphasize—

(A) the qualifications of the offeror, including personnel

skills, previous experience in providing other private or

public sector organizations with solutions for attaining

objectives similar to the objectives of the acquisition, past

contract performance, qualifications of the proposed program manager, and the proposed management plan; and

(B) the costs likely to be associated with the conceptual

approach proposed by the offeror.

(5) OPEN COMMUNICATIONS WITH CONTRACTOR COMMUNITY.—

Open availability of the following information to potential

offerors:

(A) The agency mission to be served by the acquisition.

(B) The functional process to be performed by use of

information technology.

(C) The process improvements to be attained.

(6) SIMPLE SOLICITATION.—Use of a simple solicitation that

sets forth only the functional work description, the source selection factors to be used in accordance with paragraph (4), the

required terms and conditions, instructions regarding submission of offers, and the estimate of the Government’s budget

for the desired work.

(7) SIMPLE PROPOSALS.—Submission of oral presentations and

written proposals that are limited in size and scope and contain

information on—

(A) the offeror’s qualifications to perform the desired

work;

(B) past contract performance;

(C) the proposed conceptual approach; and

(D) the costs likely to be associated with the proposed

conceptual approach.

(8) SIMPLE EVALUATION.—Use of a simplified evaluation

process, to be completed within 45 days after receipt of proposals, that consists of the following:

(A) Identification of the most qualified offerors that are

within the competitive range.

(B) Issuance of invitations for at least three and not

more than five of the identified offerors to make oral

presentations to, and engage in discussions with, the evaluating personnel regarding, for each offeror—

(i) the qualifications of the offeror, including how

the qualifications of the offeror relate to the approach

proposed to be taken by the offeror in the acquisition;

and

(ii) the costs likely to be associated with the

approach.

(C) Evaluation of the qualifications of the identified

offerors and the costs likely to be associated with the

offerors’ proposals on the basis of submissions required

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1249

under the process and any oral presentations made by,

and any discussions with, the offerors.

(9) SELECTION OF MOST QUALIFIED OFFEROR.—A selection

process consisting of the following:

(A) Identification of the most qualified sources, primarily

on the basis of the oral proposals, presentations, and discussions, and written proposals, submitted in accordance with

paragraph (7).

(B) A program definition phase of 30–60 days (or a longer

period the Administrator approves)— (i) during which the sources identified under

subparagraph (A), in consultation with one or more

intended users, develop a conceptual system design

and technical approach, define logical phases for the

project, and estimate the total cost and the cost for

each phase; and

(ii) after which a contract for performance of the

work may be awarded to the source whose offer is

determined to be most advantageous to the Government on the basis of cost, the responsiveness, reasonableness, and quality of the proposed performance, and

a sharing of risk and benefits between the source and

the Government.

(C) As many successive program definition phases as

necessary to award a contract in accordance with subparagraph (B).

(10) SYSTEM IMPLEMENTATION PHASING.—System

implementation to be executed in phases that are tailored to

the solution, with appropriate contract arrangements being

used for various phases and activities.

(11) MUTUAL AUTHORITY TO TERMINATE.—Authority for the

Government or the contractor to terminate the contract without

penalty at the end of any phase defined for the project.

(12) TIME MANAGEMENT DISCIPLINE.—Application of a

standard for awarding a contract within 105 to 120 days after

issuance of the solicitation, except that the Administrator may

approve the application of a longer standard period.

(d) PILOT PROGRAM PROJECTS.—The Administrator shall

authorize to be carried out under the pilot program— (1) not more than 10 projects, each of which has an estimated cost of at least $25,000,000 and not more than $100,000,000;

and

(2) not more than 10 projects for small business concerns, each of which has an estimated cost of at least $1,000,000

and not more than $5,000,000.

(e) MONITORING BY COMPTROLLER GENERAL.—The Comptroller

General shall— (1) monitor the conduct, and review the results, of acquisitions under the pilot program; and

(2) submit to Congress periodic reports containing the views

of the Comptroller General on the activities, results, and

findings under the pilot program.

CHAPTER 117—ADDITIONAL INFORMATION RESOURCES

MANAGEMENT MATTERS

Sec.

11701. On-line multiple award schedule contracting.

116 STAT. 1250 PUBLIC LAW 107–217—AUG. 21, 2002

11702. Identification of excess and surplus computer equipment.

11703. Index of certain information in information systems included in directory

established under section 4101 of title 44.

11704. Procurement procedures.

§ 11701. On-line multiple award schedule contracting

(a) AUTOMATION OF MULTIPLE AWARD SCHEDULE CONTRACTING.— To provide for the economic and efficient procurement of information

technology and other commercial items, the Administrator of General Services shall provide Federal Government-wide on-line computer access to information on products and services that are available for ordering through the multiple award schedules.

(b) REQUIREMENTS.—The system for providing on-line computer

access shall— (1) have the capability to— (A) provide basic information on prices, features, and

performance of all products and services available for

ordering through the multiple award schedules;

(B) provide for updating that information to reflect

changes in prices, features, and performance as soon as

information on the changes becomes available; and

(C) enable users to make on-line computer comparisons

of the prices, features, and performance of similar products

and services offered by various vendors; and

(2) be used to place orders under the multiple award schedules in a fiscal year for an amount equal to at least 60 percent

of the total amount spent for all orders under the multiple

award schedules in that fiscal year.

(c) STREAMLINED PROCEDURES.—

(1) PILOT PROGRAM.—On certification by the Administrator

of General Services that the system for providing on-line computer access meets the requirements of subsection (b)(1) and

was used as required by subsection (b)(2) in the fiscal year

preceding the fiscal year in which the certification is made,

the Administrator for Federal Procurement Policy may establish

a pilot program to test streamlined procedures for the procurement of information technology products and services available

for ordering through the multiple award schedules.

(2) APPLICABILITY TO MULTIPLE AWARD SCHEDULE CONTRACTS.—Except as provided in paragraph (4), the pilot program

shall be applicable to all multiple award schedule contracts

for the purchase of information technology and shall test the

following procedures:

(A) A procedure under which negotiation of the terms

and conditions for a covered multiple award schedule contract is limited to terms and conditions other than price.

(B) A procedure under which the vendor establishes the

prices under a covered multiple award schedule contract

and may adjust those prices at any time in the discretion

of the vendor.

(C) A procedure under which a covered multiple award

schedule contract is awarded to any responsible offeror

that—

(i) has a suitable record of past performance, which

may include past performance on multiple award

schedule contracts;

(ii) agrees to terms and conditions that the Administrator for Federal Procurement Policy determines are

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1251

required by law or are appropriate for the purchase

of commercial items; and

(iii) agrees to establish and update prices, features,

and performance and to accept orders electronically

through the automated system established pursuant

to subsection (a).

(3) COMPTROLLER GENERAL REVIEW AND REPORT.—

(A) AUTHORITY TO CONDUCT REVIEW AND MAKE REPORT.—

Not later than three years after the date on which the

pilot program is established, the Comptroller General shall

review the pilot program and report to Congress on the

results of the pilot program.

(B) CONTENT OF REPORT.—The report shall include the

following:

(i) An evaluation of the extent to which there is

competition for the orders placed under the pilot program.

(ii) The effect that the streamlined procedures under

the pilot program have on prices charged under multiple award schedule contracts.

(iii) The effect that those procedures have on paperwork requirements for multiple award schedule contracts and orders.

(iv) The impact of the pilot program on small

businesses and socially and economically disadvantaged small businesses.

(4) WITHDRAWAL OF SCHEDULE OR PORTION OF SCHEDULE

FROM PILOT PROGRAM.—

(A) WHEN ALLOWED.—The Administrator for Federal

Procurement Policy may withdraw a multiple award

schedule or portion of a schedule from the pilot program

if the Administrator determines that—

(i) price competition is not available under that

schedule or portion of that schedule; or

(ii) the cost to the Government for that schedule

or portion for the previous year was higher than it

would have been if the contract for that schedule or

portion had been awarded using procedures that would

apply if the pilot program were not in effect.

(B) NOTICE.—The Administrator for Federal Procurement

Policy shall notify Congress at least 30 days before the

date on which the Administrator withdraws a schedule

or portion under this paragraph.

(C) AUTHORITY NOT DELEGABLE.—The authority under

this paragraph may not be delegated.

(5) TERMINATION OF PILOT PROGRAM.—Unless reauthorized

by law, the authority of the Administrator for Federal Procurement Policy to award contracts under the pilot program shall

expire four years after the date on which the pilot program

is established. A contract entered into before the authority

expires remains in effect according to the terms of the contract

after the expiration of the authority to award new contracts

under the pilot program.

116 STAT. 1252 PUBLIC LAW 107–217—AUG. 21, 2002

§ 11702. Identification of excess and surplus computer equipment

In accordance with chapter 5 of this title, the head of an executive

agency shall maintain an inventory of all computer equipment

under the control of that official that is excess or surplus property.

§ 11703. Index of certain information in information systems

included in directory established under section

4101 of title 44

If in designing an information technology system pursuant to

this subtitle, the head of an executive agency determines that

a purpose of the system is to disseminate information to the public,

then the head of that executive agency shall reasonably ensure

that an index of information disseminated by the system is included

in the directory created pursuant to section 4101 of title 44. This

section does not authorize the dissemination of information to the

public unless otherwise authorized.

§ 11704. Procurement procedures

To the maximum extent practicable, the Federal Acquisition

Regulatory Council shall ensure that the process for acquisition

of information technology is a simplified, clear, and understandable

process that specifically addresses the management of risk, incremental acquisitions, and the need to incorporate commercial

information technology in a timely manner.

SUBTITLE IV—APPALACHIAN REGIONAL

DEVELOPMENT

CHAPTER Sec.

141. GENERAL PROVISIONS .......................................................................... 14101

143. APPALACHIAN REGIONAL COMMISSION .......................................... 14301

145. SPECIAL APPALACHIAN PROGRAMS .................................................. 14501

147. MISCELLANEOUS .................................................................................... 14701

CHAPTER 141—GENERAL PROVISIONS

Sec.

14101. Findings and purposes.

14102. Definitions.

§ 14101. Findings and purposes

(a) 1965 FINDINGS AND PURPOSE.—

(1) FINDINGS.—Congress finds and declares that the Appalachian region of the United States, while abundant in natural

resources and rich in potential, lags behind the rest of the

Nation in its economic growth and that its people have not

shared properly in the Nation’s prosperity. The region’s uneven

past development, with its historical reliance on a few basic

industries and a marginal agriculture, has failed to provide

the economic base that is a vital prerequisite for vigorous,

self-sustaining growth. State and local governments and the

people of the region understand their problems and have been

working, and will continue to work, purposefully toward their

solution. Congress recognizes the comprehensive report of the

President’s Appalachian Regional Commission documenting

these findings and concludes that regionwide development is

feasible, desirable, and urgently needed.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1253

(2) PURPOSE.—It is the purpose of this subtitle to assist

the region in meeting its special problems, to promote its economic development, and to establish a framework for joint

federal and state efforts toward providing the basic facilities

essential to its growth and attacking its common problems

and meeting its common needs on a coordinated and concerted

regional basis. The public investments made in the region under

this subtitle shall be concentrated in areas where there is

a significant potential for future growth and where the expected

return on public dollars invested will be the greatest. States

will be responsible for recommending local and state projects

within their borders that will receive assistance under this

subtitle. As the region obtains the needed physical and

transportation facilities and develops its human resources, Congress expects that the region will generate a diversified industry

and that the region will then be able to support itself through

the workings of a strengthened free enterprise economy.

(b) 1975 FINDINGS AND PURPOSE.—

(1) FINDINGS.—Congress further finds and declares that while

substantial progress has been made toward achieving the purposes set out in subsection (a), especially with respect to the

provision of essential public facilities, much remains to be

accomplished, especially with respect to the provision of essential health, education, and other public services. Congress recognizes that changes and evolving national purposes in the decade

since 1965 affect not only the Appalachian region but also

its relationship to a nation that on December 31, 1975, is

assigning higher priority to conservation and the quality of

life, values long cherished within the region. Appalachia as

of December 31, 1975, has the opportunity, in accommodating

future growth and development, to demonstrate local leadership

and coordinated planning so that housing, public services,

transportation and other community facilities will be provided

in a way congenial to the traditions and beauty of the region

and compatible with conservation values and an enhanced

quality of life for the people of the region, and consistent

with that goal, the Appalachian region should be able to take

advantage of eco-industrial development, which promotes both

employment and economic growth and the preservation of natural resources. Congress recognizes also that fundamental

changes are occurring in national energy requirements and

production, which not only risk short-term dislocations but

will undoubtedly result in major long-term effects in the region.

It is essential that the opportunities for expanded energy

production be used so as to maximize the social and economic

benefits and minimize the social and environmental costs to

the region and its people.

(2) PURPOSE.—It is also the purpose of this subtitle to provide

a framework for coordinating federal, state and local efforts

toward—

(A) anticipating the effects of alternative energy policies

and practices;

(B) planning for accompanying growth and change so

as to maximize the social and economic benefits and minimize the social and environmental costs; and

116 STAT. 1254 PUBLIC LAW 107–217—AUG. 21, 2002

(C) implementing programs and projects carried out in

the region by federal, state, and local governmental agencies so as to better meet the special problems generated

in the region by the Nation’s energy needs and policies,

including problems of transportation, housing, community

facilities, and human services.

(c) 1998 FINDINGS AND PURPOSE.— (1) FINDINGS.—Congress further finds and declares that while

substantial progress has been made in fulfilling many of the

objectives of this subtitle, rapidly changing national and global

economies over the decade ending November 13, 1998, have

created new problems and challenges for rural areas throughout

the United States and especially for the Appalachian region.

(2) PURPOSE.—In addition to the purposes stated in subsections (a) and (b), it is the purpose of this subtitle— (A) to assist the Appalachian region in— (i) providing the infrastructure necessary for economic and human resource development;

(ii) developing the region’s industry;

(iii) building entrepreneurial communities;

(iv) generating a diversified regional economy; and

(v) making the region’s industrial and commercial

resources more competitive in national and world markets;

(B) to provide a framework for coordinating federal, state,

and local initiatives to respond to the economic competitiveness challenges in the Appalachian region through—

(i) improving the skills of the region’s workforce;

(ii) adapting and applying new technologies for the

region’s businesses, including eco-industrial development technologies; and

(iii) improving the access of the region’s businesses

to the technical and financial resources necessary to

development of the businesses; and

(C) to address the needs of severely and persistently

distressed areas of the Appalachian region and focus special

attention on the areas of greatest need so as to provide

a fairer opportunity for the people of the region to share

the quality of life generally enjoyed by citizens across the

United States.

§ 14102. Definitions

(a) DEFINITIONS.—In this subtitle—

(1) APPALACHIAN REGION.—The term ‘‘Appalachian region’’

means that area of the eastern United States consisting of

the following counties (including any political subdivision

located within the area):

(A) In Alabama, the counties of Bibb, Blount, Calhoun,

Chambers, Cherokee, Chilton, Clay, Cleburne, Colbert,

Coosa, Cullman, De Kalb, Elmore, Etowah, Fayette,

Franklin, Hale, Jackson, Jefferson, Lamar, Lauderdale,

Lawrence, Limestone, Macon, Madison, Marion, Marshall,

Morgan, Pickens, Randolph, St. Clair, Shelby, Talladega,

Tallapoosa, Tuscaloosa, Walker, and Winston.

(B) In Georgia, the counties of Banks, Barrow, Bartow,

Carroll, Catoosa, Chattooga, Cherokee, Dade, Dawson,

Douglas, Elbert, Fannin, Floyd, Forsyth, Franklin, Gilmer,

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1255

Gordon, Gwinnett, Habersham, Hall, Haralson, Hart,

Heard, Jackson, Lumpkin, Madison, Murray, Paulding,

Pickens, Polk, Rabun, Stephens, Towns, Union, Walker,

White, and Whitfield.

(C) In Kentucky, the counties of Adair, Bath, Bell, Boyd,

Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland,

Edmonson, Elliott, Estill, Fleming, Floyd, Garrard, Green,

Greenup, Harlan, Hart, Jackson, Johnson, Knott, Knox,

Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln,

McCreary, Madison, Magoffin, Martin, Menifee, Monroe,

Montgomery, Morgan, Owsley, Perry, Pike, Powell, Pulaski,

Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe.

(D) In Maryland, the counties of Allegany, Garrett, and

Washington.

(E) In Mississippi, the counties of Alcorn, Benton, Calhoun, Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee,

Lowndes, Marshall, Monroe, Montgomery, Noxubee,

Oktibbeha, Panola, Pontotoc, Prentiss, Tippah, Tishomingo,

Union, Webster, Winston, and Yalobusha.

(F) In New York, the counties of Allegany, Broome,

Cattaraugus, Chautauqua, Chemung, Chenango, Cortland,

Delaware, Otsego, Schoharie, Schuyler, Steuben, Tioga, and

Tompkins.

(G) In North Carolina, the counties of Alexander,

Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Davie, Forsyth, Graham, Haywood, Henderson,

Jackson, McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain, Transylvania, Watauga,

Wilkes, Yadkin, and Yancey.

(H) In Ohio, the counties of Adams, Athens, Belmont,

Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia,

Guernsey, Harrison, Highland, Hocking, Holmes, Jackson,

Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum,

Noble, Perry, Pike, Ross, Scioto, Tuscarawas, Vinton, and

Washington.

(I) In Pennsylvania, the counties of Allegheny, Armstrong, Beaver, Bedford, Blair, Bradford, Butler, Cambria,

Cameron, Carbon, Centre, Clarion, Clearfield, Clinton,

Columbia, Crawford, Elk, Erie, Fayette, Forest, Fulton,

Greene, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lawrence, Luzerne, Lycoming, McKean, Mercer,

Mifflin, Monroe, Montour, Northumberland, Perry, Pike,

Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Washington,

Wayne, Westmoreland, and Wyoming.

(J) In South Carolina, the counties of Anderson, Cherokee, Greenville, Oconee, Pickens, and Spartanburg.

(K) In Tennessee, the counties of Anderson, Bledsoe,

Blount, Bradley, Campbell, Cannon, Carter, Claiborne,

Clay, Cocke, Coffee, Cumberland, De Kalb, Fentress,

Franklin, Grainger, Greene, Grundy, Hamblen, Hamilton,

Hancock, Hawkins, Jackson, Jefferson, Johnson, Knox,

Loudon, McMinn, Macon, Marion, Meigs, Monroe, Morgan,

Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott,

Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van

Buren, Warren, Washington, and White.

116 STAT. 1256 PUBLIC LAW 107–217—AUG. 21, 2002

(L) In Virginia, the counties of Alleghany, Bath, Bland,

Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd,

Giles, Grayson, Highland, Lee, Montgomery, Pulaski,

Rockbridge, Russell, Scott, Smyth, Tazewell, Washington,

Wise, and Wythe.

(M) All the counties of West Virginia.

(2) LOCAL DEVELOPMENT DISTRICT.—The term ‘‘local development district’’ means any of the following entities for which

the Governor of the State in which the entity is located, or

the appropriate state officer, certifies to the Appalachian

Regional Commission that the entity has a charter or authority

that includes the economic development of counties or parts

of counties or other political subdivisions within the region:

(A) a nonprofit incorporated body organized or chartered

under the law of the State in which it is located.

(B) a nonprofit agency or instrumentality of a state or

local government.

(C) a nonprofit agency or instrumentality created through

an interstate compact.

(D) a nonprofit association or combination of bodies, agencies, and instrumentalities described in this paragraph.

(b) CHANGE IN DEFINITION.—The Commission may not propose

or consider a recommendation for any change in the definition

of the Appalachian region as set forth in this section without

a prior resolution by the Committee on Environment and Public

Works of the Senate or the Committee on Transportation and

Infrastructure of the House of Representatives that directs a study

of the change.

CHAPTER 143—APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION

Sec.

14301. Establishment, membership, and employees.

14302. Decisions.

14303. Functions.

14304. Recommendations.

14305. Liaison between Federal Government and Commission.

14306. Administrative powers and expenses.

14307. Meetings.

14308. Information.

14309. Personal financial interests.

14310. Annual report.

SUBCHAPTER II—FINANCIAL ASSISTANCE

14321. Grants and other assistance.

14322. Approval of development plans, strategy statements, and projects.

SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION

§ 14301. Establishment, membership, and employees

(a) ESTABLISHMENT.—There is an Appalachian Regional Commission.

(b) MEMBERSHIP.— (1) FEDERAL AND STATE MEMBERS.—The Commission is composed of the Federal Cochairman, appointed by the President

by and with the advice and consent of the Senate, and the

Governor of each participating State in the Appalachian region.

(2) ALTERNATE MEMBERS.—Each state member may have a

single alternate, appointed by the Governor from among the

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1257

members of the Governor’s cabinet or the Governor’s personal

staff. The President, by and with the advice and consent of

the Senate, shall appoint an alternate for the Federal Cochairman. An alternate shall vote in the event of the absence,

death, disability, removal, or resignation of the member for

whom the individual is an alternate. A state alternate shall

not be counted toward the establishment of a quorum of the

Commission when a quorum of the state members is required.

(3) COCHAIRMEN.—The Federal Cochairman is one of the

two Cochairmen of the Commission. The state members shall

elect a Cochairman of the Commission from among themselves

for a term of not less than one year.

(c) COMPENSATION.—The Federal Cochairman shall be compensated by the Federal Government at level III of the Executive

Schedule as set out in section 5314 of title 5. The Federal Cochairman’s alternate shall be compensated by the Government at level

V of the Executive Schedule as set out in section 5316 of title

5. Each state member and alternate shall be compensated by the

State which they represent at the rate established by law of that

State.

(d) DELEGATION.—

(1) POWERS AND RESPONSIBILITIES.—Commission powers and

responsibilities specified in section 14302(c) and (d) of this

title, and the vote of any Commission member, may not be

delegated to an individual who is not a Commission member

or who is not entitled to vote in Commission meetings.

(2) ALTERNATE FEDERAL COCHAIRMAN.—The alternate to the

Federal Cochairman shall perform the functions and duties

the Federal Cochairman delegates when not actively serving

as the alternate.

(e) EXECUTIVE DIRECTOR.—The Commission has an executive

director. The executive director is responsible for carrying out the

administrative functions of the Commission, for directing the

Commission staff, and for other duties the Commission may assign.

(f) STATUS OF PERSONNEL.—Members, alternates, officers, and

employees of the Commission are not federal employees for any

purpose, except the Federal Cochairman, the alternate to the Federal Cochairman, the staff of the Federal Cochairman, and federal

employees detailed to the Commission under section 14306(a)(3)

of this title.

§ 14302. Decisions

(a) REQUIREMENTS FOR APPROVAL.—Except as provided in section

14306(d) of this title, decisions by the Appalachian Regional

Commission require the affirmative vote of the Federal Cochairman

and of a majority of the state members, exclusive of members

representing States delinquent under section 14306(d).

(b) CONSULTATION.—In matters coming before the Commission,

the Federal Cochairman, to the extent practicable, shall consult

with the federal departments and agencies having an interest in

the subject matter.

(c) DECISIONS REQUIRING QUORUM OF STATE MEMBERS.—A decision involving Commission policy, approval of state, regional or

subregional development plans or strategy statements, modification

or revision of the Appalachian Regional Commission Code, allocation

of amounts among the States, or designation of a distressed county

116 STAT. 1258 PUBLIC LAW 107–217—AUG. 21, 2002

or an economically strong county shall not be made without a

quorum of state members.

(d) PROJECT AND GRANT PROPOSALS.—The approval of project

and grant proposals is a responsibility of the Commission and

shall be carried out in accordance with section 14322 of this title.

§ 14303. Functions

(a) IN GENERAL.—In carrying out the purposes of this subtitle,

the Appalachian Regional Commission shall—

(1) develop, on a continuing basis, comprehensive and coordinated plans and programs and establish priorities under those

plans and programs, giving due consideration to other federal,

state, and local planning in the Appalachian region;

(2) conduct and sponsor investigations, research, and studies,

including an inventory and analysis of the resources of the

region, and, in cooperation with federal, state, and local agencies, sponsor demonstration projects designed to foster regional

productivity and growth;

(3) review and study, in cooperation with the agency involved,

federal, state, and local public and private programs and, where

appropriate, recommend modifications or additions which will

increase their effectiveness in the region;

(4) formulate and recommend, where appropriate, interstate

compacts and other forms of interstate cooperation and work

with state and local agencies in developing appropriate model

legislation;

(5) encourage the formation of, and support, local development districts;

(6) encourage private investment in industrial, commercial,

and recreational projects;

(7) serve as a focal point and coordinating unit for Appalachian programs;

(8) provide a forum for consideration of problems of the

region and proposed solutions and establish and utilize, as

appropriate, citizens and special advisory councils and public

conferences;

(9) encourage the use of eco-industrial development technologies and approaches; and

(10) seek to coordinate the economic development activities

of, and the use of economic development resources by, federal

agencies in the region.

(b) IDENTIFY NEEDS AND GOALS OF SUBREGIONAL AREAS.—In carrying out its functions under this section, the Commission shall

identify the characteristics of, and may distinguish between the

needs and goals of, appropriate subregional areas, including central,

northern, and southern Appalachia.

§ 14304. Recommendations

The Appalachian Regional Commission may make recommendations to the President and to the Governors and appropriate local

officials with respect to—

(1) the expenditure of amounts by federal, state, and local

departments and agencies in the Appalachian region in the

fields of natural resources, agriculture, education, training, and

health and welfare and in other fields related to the purposes

of this subtitle; and

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1259

(2) additional federal, state, and local legislation or administrative actions as the Commission considers necessary to further the purposes of this subtitle.

§ 14305. Liaison between Federal Government and Commission

(a) PRESIDENT.—The President shall provide effective and continuing liaison between the Federal Government and the Appalachian Regional Commission and a coordinated review within the

Government of the plans and recommendations submitted by the

Commission pursuant to sections 14303 and 14304 of this title.

(b) INTERAGENCY COORDINATING COUNCIL ON APPALACHIA.—In

carrying out subsection (a), the President shall establish the Interagency Coordinating Council on Appalachia, to be composed of

the Federal Cochairman and representatives of federal agencies

that carry out economic development programs in the Appalachian

region. The Federal Cochairman is the Chairperson of the Council.

§ 14306. Administrative powers and expenses

(a) POWERS.—To carry out its duties under this subtitle, the

Appalachian Regional Commission may—

(1) adopt, amend, and repeal bylaws and regulations governing the conduct of its business and the performance of

its functions;

(2) appoint and fix the compensation of an executive director

and other personnel as necessary to enable the Commission

to carry out its functions, except that the compensation shall

not exceed the maximum rate of basic pay for the Senior

Executive Service under section 5382 of title 5, including any

applicable locality-based comparability payment that may be

authorized under section 5304(h)(2)(C) of title 5;

(3) request the head of any federal department or agency

to detail to temporary duty with the Commission personnel

within the administrative jurisdiction of the head of the department or agency that the Commission may need for carrying

out its functions, each detail to be without loss of seniority,

pay, or other employee status;

(4) arrange for the services of personnel from any state or

local government, subdivision or agency of a state or local

government, or intergovernmental agency;

(5)(A) make arrangements, including contracts, with any

participating state government for inclusion in a suitable retirement and employee benefit system of Commission personnel

who may not be eligible for, or continue in, another governmental retirement or employee benefit system; or

(B) otherwise provide for coverage of its personnel;

(6) accept, use, and dispose of gifts or donations of services

or any property;

(7) enter into and perform contracts, leases (including the

lease of office space for any term), cooperative agreements,

or other transactions, necessary in carrying out its functions,

on terms as it may consider appropriate, with any—

(A) department, agency, or instrumentality of the Federal

Government;

(B) State or political subdivision, agency, or instrumentality of a State; or

(C) person;

116 STAT. 1260 PUBLIC LAW 107–217—AUG. 21, 2002

(8) maintain a temporary office in the District of Columbia

and establish a permanent office at a central and appropriate

location it may select and field offices at other places it may

consider appropriate; and

(9) take other actions and incur other expenses as may be

necessary or appropriate.

(b) AUTHORIZATIONS.— (1) DETAIL EMPLOYEES.—The head of a federal department

or agency may detail personnel under subsection (a)(3).

(2) ENTER INTO AND PERFORM TRANSACTIONS.—A department,

agency, or instrumentality of the Government, to the extent

not otherwise prohibited by law, may enter into and perform

a contract, lease, cooperative agreement, or other transaction

under subsection (a)(7).

(c) RETIREMENT AND OTHER EMPLOYEE BENEFIT PROGRAMS.— The Director of the Office of Personnel Management may contract

with the Commission for continued coverage of Commission

employees, if the employees are federal employees when they begin

Commission employment, in the retirement program and other

employee benefit programs of the Government.

(d) EXPENSES.—Administrative expenses of the Commission shall

be paid equally by the Government and the States in the Appalachian region, except that the expenses of the Federal Cochairman,

the alternate to the Federal Cochairman, and the staff of the

Federal Cochairman shall be paid only by the Government. The

Commission shall determine the amount to be paid by each State.

The Federal Cochairman shall not participate or vote in that determination. Assistance authorized by this subtitle shall not be furnished to any State or to any political subdivision or any resident

of any State, and a state member of the Commission shall not

participate or vote in any decision by the Commission, while the

State is delinquent in payment of its share of administrative expenses.

§ 14307. Meetings

(a) IN GENERAL.—The Appalachian Regional Commission shall

conduct at least one meeting each year with the Federal Cochairman

and at least a majority of the state members present.

(b) ADDITIONAL MEETINGS BY ELECTRONIC MEANS.—The Commission may conduct additional meetings by electronic means as the

Commission considers advisable, including meetings to decide matters requiring an affirmative vote.

§ 14308. Information

(a) ACTIONS OF COMMISSION.—To obtain information needed to

carry out its duties, the Appalachian Regional Commission shall—

(1) hold hearings, sit and act at times and places, take

testimony, receive evidence, and print or otherwise reproduce

and distribute so much of its proceedings and reports on the

proceedings as the Commission may deem advisable;

(2) arrange for the head of any federal, state, or local department or agency to furnish to the Commission information as

may be available to or procurable by the department or agency;

and

(3) keep accurate and complete records of its doings and

transactions which shall be made available for—

(A) public inspection; and

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1261

(B) audit and examination by the Comptroller General

or an authorized representative of the Comptroller General.

(b) AUTHORIZATIONS.—

(1) ADMINISTER OATHS.—A Cochairman of the Commission,

or any member of the Commission designated by the Commission, may administer oaths when the Commission decides that

testimony shall be taken or evidence received under oath.

(2) FURNISH INFORMATION.—The head of any federal, state,

or local department or agency, to the extent not otherwise

prohibited by law, may carry out section (a)(2).

(c) PUBLIC PARTICIPATION.—Public participation in the development, revision, and implementation of all plans and programs under

this subtitle by the Commission, any State, or any local development

district shall be provided for, encouraged, and assisted. The

Commission shall develop and publish regulations specifying minimum guidelines for public participation, including public hearings.

§ 14309. Personal financial interests

(a) CONFLICT OF INTEREST.—

(1) NO ROLE ALLOWED.—Except as permitted by paragraph

(2), an individual who is a state member or alternate, or an

officer or employee of the Appalachian Regional Commission,

shall not participate personally and substantially as a member,

alternate, officer, or employee in any way in any particular

matter in which, to the individual’s knowledge, any of the

following has a financial interest:

(A) the individual.

(B) the individual’s spouse, minor child, or partner.

(C) an organization (except a State or political subdivision

of a State) in which the individual is serving as an officer,

director, trustee, partner, or employee.

(D) any person or organization with whom the

individual—

(i) is serving as an officer, director, trustee, partner,

or employee; or

(ii) is negotiating or has any arrangement concerning

prospective employment.

(2) EXCEPTION.—Paragraph (1) does not apply if the individual first advises the Commission of the nature and circumstances of the particular matter and makes full disclosure

of the financial interest and receives in advance a written

decision of the Commission that the interest is not so substantial as to be considered likely to affect the integrity of the

services which the Commission may expect from the individual.

(3) CRIMINAL PENALTY.—An individual violating this subsection shall be fined under title 18, imprisoned for not more

than two years, or both.

(b) ADDITIONAL SOURCES OF SALARY DISALLOWED.—

(1) STATE MEMBER OR ALTERNATE.—A state member or alternate may not receive any salary, or any contribution to, or

supplementation of, salary, for services on the Commission

from a source other than the State of the member or alternate.

(2) INDIVIDUALS DETAILED TO COMMISSION.—An individual

detailed to serve the Commission under section 14306(a)(4)

of this title may not receive any salary, or any contribution

116 STAT. 1262 PUBLIC LAW 107–217—AUG. 21, 2002

to, or supplementation of, salary, for services on the Commission from a source other than the state, local, or intergovernmental department or agency from which the individual was

detailed or from the Commission.

(3) CRIMINAL PENALTY.—An individual violating this subsection shall be fined under title 18, imprisoned for not more

than one year, or both.

(c) FEDERAL COCHAIRMAN, ALTERNATE TO FEDERAL COCHAIRMAN, AND FEDERAL OFFICERS AND EMPLOYEES.—The Federal Cochairman, the alternate to the Federal Cochairman, and any federal

officer or employee detailed to duty with the Commission under

section 14306(a)(3) of this title are not subject to this section but

remain subject to sections 202–209 of title 18.

(d) RESCISSION.—The Commission may declare void and rescind

any contract, loan, or grant of or by the Commission in relation

to which it finds that there has been a violation of subsection

(a)(1) or (b) of this section or any of the provisions of sections

202–209 of title 18.

§ 14310. Annual report

Not later than six months after the close of each fiscal year,

the Appalachian Regional Commission shall prepare and submit

to the Governor of each State in the Appalachian region and to

the President, for transmittal to Congress, a report on the activities

carried out under this subtitle during the fiscal year.

SUBCHAPTER II—FINANCIAL ASSISTANCE

§ 14321. Grants and other assistance

(a) AUTHORIZATION TO MAKE GRANTS.—

(1) IN GENERAL.—The Appalachian Regional Commission may

make grants—

(A) for administrative expenses, including the development of areawide plans or action programs and technical

assistance activities, of local development districts, but—

(i) the amount of a grant shall not exceed 50 percent

of administrative expenses or, at the discretion of the

Commission, 75 percent of administrative expenses if

the grant is to a local development district that has

a charter or authority that includes the economic

development of a county or part of a county for which

a distressed county designation is in effect under section 14526 of this title;

(ii) grants for administrative expenses shall not be

made for a state agency certified as a local development

district for a period of more than three years beginning

on the date the initial grant is made for the development district; and

(iii) the local development district contributions for

administrative expenses may be in cash or in kind,

fairly evaluated, including space, equipment, and services;

(B) for assistance to States for a period of not more

than two years to strengthen the state development planning process for the Appalachian region and the coordination of state planning under this subtitle, the Public Works

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1263

and Economic Development Act of 1965 (42 U.S.C. 3121

et seq.), and other federal and state programs; and

(C) for investigation, research, studies, evaluations, and

assessments of needs, potentials, or attainments of the

people of the region, technical assistance, training programs, demonstrations, and the construction of necessary

facilities incident to those activities, which will further

the purposes of this subtitle.

(2) LIMITATION ON AVAILABLE AMOUNTS.— (A) IN GENERAL.—Except as provided in subparagraph

(B), not more than 50 percent (or 80 percent in the case

of a project to be carried out in a county for which a

distressed county designation is in effect under section

14526 of this title) of the cost of any activity eligible for

financial assistance under this section may be provided

from amounts appropriated to carry out this subtitle.

(B) DISCRETIONARY GRANTS.—

(i) GRANTS TO WHICH PERCENTAGE LIMITATION

DOESN’T APPLY.—Discretionary grants made by the

Commission to implement significant regional initiatives, to take advantage of special development

opportunities, or to respond to emergency economic

distress in the region may be made without regard

to the percentage limitations specified in subparagraph

(A).

(ii) LIMITATION ON AGGREGATE AMOUNT.—For each

fiscal year, the aggregate amount of discretionary

grants referred to in clause (i) shall not be more than

10 percent of the amount appropriated under section

14703 of this title for the fiscal year.

(3) SOURCES OF GRANTS.—Grant amounts may be provided

entirely from appropriations to carry out this section, in combination with amounts available under other federal or federal

grant programs, or from any other source.

(4) FEDERAL SHARE.—Notwithstanding any law limiting the

federal share in any other federal or federal grant program,

amounts appropriated to carry out this section may be used

to increase that federal share, as the Commission decides is

appropriate.

(b) ASSISTANCE FOR DEMONSTRATIONS OF ENTERPRISE DEVELOPMENT.—

(1) IN GENERAL.—The Commission may provide assistance

under this section for demonstrations of enterprise development, including site acquisition or development where necessary for the feasibility of the project, in connection with

the development of the region’s energy resources and the

development and stimulation of indigenous arts and crafts of

the region.

(2) COOPERATION BY FEDERAL AGENCIES.—In carrying out the

purposes of this subtitle and in implementing this section,

the Secretary of Energy, the Environmental Protection Agency,

and other federal agencies shall cooperate with the Commission

and shall provide assistance that the Federal Cochairman may

request.

(3) AVAILABLE AMOUNTS.—In any fiscal year, not more than— (A) $3,000,000 shall be obligated for energy resource

related demonstrations; and

116 STAT. 1264 PUBLIC LAW 107–217—AUG. 21, 2002

(B) $2,500,000 shall be obligated for indigenous arts and

crafts demonstrations.

(c) RECORDS.—

(1) COMMISSION.—The Commission, as required by the President, shall maintain accurate and complete records of transactions and activities financed with federal amounts and report

to the President on the transactions and activities. The records

of the Commission with respect to grants are available for

audit by the President and the Comptroller General.

(2) RECIPIENTS OF FEDERAL ASSISTANCE.—Recipients of federal assistance under this section, as required by the Commission, shall maintain accurate and complete records of transactions and activities financed with federal amounts and report

to the Commission on the transactions and activities. The

records are be available for audit by the President, the Comptroller General, and the Commission.

§ 14322. Approval of development plans, strategy statements,

and projects

(a) ANNUAL REVIEW AND APPROVAL REQUIRED.—The Appalachian

Regional Commission annually shall review and approve, in accordance with section 14302 of this title, state and regional development

plans and strategy statements, and any multistate subregional

plans which may be developed.

(b) APPLICATION PROCESS.—An application for a grant or for

other assistance for a specific project under this subtitle shall

be made through the state member of the Commission representing

the applicant. The state member shall evaluate the application

for approval. To be approved, the state member must certify, and

the Federal Cochairman must determine, that the application— (1) implements the Commission-approved state development

plan;

(2) is included in the Commission-approved strategy statement;

(3) adequately ensures that the project will be properly

administered, operated, and maintained; and

(4) otherwise meets the requirements for assistance under

this subtitle.

(c) AFFIRMATIVE VOTE REQUIREMENT DEEMED MET.—After the

appropriate state development plan and strategy statement are

approved, certification by a state member, when joined by an

affirmative vote of the Federal Cochairman, is deemed to satisfy

the requirements for affirmative votes for decisions under section

14302(a) of this title.

CHAPTER 145—SPECIAL APPALACHIAN PROGRAMS

SUBCHAPTER I—PROGRAMS

Sec.

14501. Appalachian development highway system.

14502. Demonstration health projects.

14503. Assistance for proposed low- and middle-income housing projects.

14504. Telecommunications and technology initiative.

14505. Entrepreneurship initiative.

14506. Regional skills partnerships.

14507. Supplements to federal grant programs.

SUBCHAPTER II—ADMINISTRATIVE

14521. Required level of expenditure.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1265

14522. Consent of States.

14523. Program implementation.

14524. Program development criteria.

14525. State development planning process.

14526. Distressed and economically strong counties.

SUBCHAPTER I—PROGRAMS

§ 14501. Appalachian development highway system

(a) PURPOSE.—To provide a highway system which, in conjunction

with the Interstate System and other Federal-aid highways in the

Appalachian region, will open up an area with a developmental

potential where commerce and communication have been inhibited

by lack of adequate access, the Secretary of Transportation may

assist in the construction of an Appalachian development highway

system and local access roads serving the Appalachian region.

Construction on the development highway system shall not be more

than 3,025 miles. There shall not be more than 1,400 miles of

local access roads that serve specific recreational, residential, educational, commercial, industrial, or similar facilities or facilitate

a school consolidation program.

(b) COMMISSION DESIGNATIONS.—

(1) WHAT IS TO BE DESIGNATED.—The Appalachian Regional

Commission shall transmit to the Secretary its designations

of—

(A) the general corridor location and termini of the

development highways;

(B) local access roads to be constructed;

(C) priorities for the construction of segments of the

development highways; and

(D) other criteria for the program authorized by this

section.

(2) STATE TRANSPORTATION DEPARTMENT RECOMMENDATION

REQUIRED.—Before a state member participates in or votes

on designations, the member must obtain the recommendations

of the state transportation department of the State which the

member represents.

(c) ADDITION TO FEDERAL-AID PRIMARY SYSTEM.—When completed, each development highway not already on the Federalaid primary system shall be added to the system.

(d) USE OF SPECIFIC MATERIALS AND PRODUCTS.—

(1) INDIGENOUS MATERIALS AND PRODUCTS.—In the construction of highways and roads authorized under this section, a

State may give special preference to the use of materials and

products indigenous to the Appalachian region.

(2) COAL DERIVATIVES.—For research and development in

the use of coal and coal products in highway construction

and maintenance, the Secretary may require each participating

State, to the maximum extent possible, to use coal derivatives

in the construction of not more than 10 percent of the roads

authorized under this subtitle.

(e) FEDERAL SHARE.—Federal assistance to any construction

project under this section shall not be more than 80 percent of

the cost of the project.

(f) CONSTRUCTION WITHOUT FEDERAL AMOUNTS.—

(1) PAYMENT OF FEDERAL SHARE.—When a participating State

constructs a segment of a development highway without the

aid of federal amounts and the construction is in accordance

116 STAT. 1266 PUBLIC LAW 107–217—AUG. 21, 2002

with all procedures and requirements applicable to the

construction of segments of Appalachian development highways

with those amounts, except for procedures and requirements

that limit a State to the construction of projects for which

federal amounts have previously been appropriated, the Secretary, on application by the State and with the approval of

the Commission, may pay to the State the federal share, which

shall not be more than 80 percent of the cost of the construction

of the segment, from any amounts appropriated and allocated

to the State to carry out this section.

(2) NO COMMITMENT OR OBLIGATION.—This subsection does

not commit or obligate the Federal Government to provide

amounts for segments of development highways constructed

under this subsection.

(g) APPLICATION OF TITLE 23.—

(1) SECTIONS 106(a) AND 118.—Sections 106(a) and 118 of

title 23 apply to the development highway system and the

local access roads.

(2) CONSTRUCTION AND MAINTENANCE.—States are required

to maintain each development highway and local access road

as provided for Federal-aid highways in title 23. All other

provisions of title 23 that are applicable to the construction

and maintenance of Federal-aid primary and secondary highways and which the Secretary decides are not inconsistent

with this subtitle shall apply to the system and roads, respectively.

§ 14502. Demonstration health projects

(a) PURPOSE.—To demonstrate the value of adequate health facilities and services to the economic development of the Appalachian

region, the Secretary of Health and Human Services may make

grants for the planning, construction, equipment, and operation

of multi-county demonstration health, nutrition, and child care

projects, including hospitals, regional health diagnostic and treatment centers, and other facilities and services necessary for the

purposes of this section.

(b) PLANNING GRANTS.—

(1) AUTHORITY TO PROVIDE AMOUNTS AND MAKE GRANTS.—

The Secretary may provide amounts to the Appalachian

Regional Commission for the support of its Health Advisory

Committee and may make grants for expenses of planning

necessary for the development and operation of demonstration

health projects for the region.

(2) LIMITATION ON AVAILABLE AMOUNTS.—The amount of a

grant under this section for planning shall not be more than

75 percent of expenses.

(3) SOURCES OF ASSISTANCE.—The federal contribution may

be provided entirely from amounts authorized under this section

or in combination with amounts provided under other federal

or federal grant programs.

(4) FEDERAL SHARE.—Notwithstanding any provision of law

limiting the federal share in those other programs, amounts

appropriated to carry out this section may be used to increase

the federal share to the maximum percentage cost of a grant

authorized by this subsection.

(c) CONSTRUCTION AND EQUIPMENT GRANTS.—

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1267

(1) ADDITIONAL USES FOR CONSTRUCTION GRANTS.—Grants

under this section for construction may also be used for— (A) the acquisition of privately owned facilities— (i) not operated for profit; or

(ii) previously operated for profit if the Commission

finds that health services would not otherwise be provided in the area served by the facility if the acquisition

is not made; and

(B) initial equipment.

(2) STANDARDS FOR MAKING GRANTS.—Grants under this section for construction shall be made in accordance with section

14523 of this title and shall not be incompatible with the

applicable provisions of title VI of the Public Health Service

Act (42 U.S.C. 291 et seq.), the Developmental Disabilities

Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001

et seq.), and other laws authorizing grants for the construction

of health-related facilities, without regard to any provisions

in those laws relating to appropriation authorization ceilings

or to allotments among the States.

(3) LIMITATION ON AVAILABLE AMOUNTS.—A grant for the

construction or equipment of any component of a demonstration

health project shall not be more than 80 percent of the cost.

(4) SOURCES OF ASSISTANCE.—The federal contribution may

be provided entirely from amounts authorized under this section

or in combination with amounts provided under other federal

grant programs for the construction or equipment of healthrelated facilities.

(5) FEDERAL SHARE.—Notwithstanding any provision of law

limiting the federal share in those other programs, amounts

authorized under this section may be used to increase federal

grants for component facilities of a demonstration health project

to a maximum of 80 percent of the cost of the facilities.

(d) OPERATION GRANTS.—

(1) STANDARDS FOR MAKING GRANTS.—A grant for the operation of a demonstration health project shall not be made— (A) unless the facility is publicly owned, or owned by

a public or private nonprofit organization, and is not operated for profit;

(B) after five years following the commencement of the

initial grant for operation of the project, except that child

development demonstrations assisted under this section

during fiscal year 1979 may be approved under section

14322 of this title for continued support beyond that period,

on request of the State, if the Commission finds that no

federal, state, or local amounts are available to continue

the project; and

(C) unless the Secretary of Health and Human Services

is satisfied that the operation of the project will be conducted under efficient management practices designed to

obviate operating deficits.

(2) LIMITATION ON AVAILABLE AMOUNTS.—Grants under this

section for the operation (including initial operating amounts

and operating deficits, which include the cost of attracting,

training, and retaining qualified personnel) of a demonstration

health project, whether or not constructed with amounts authorized by this section, may be made for up to 50 percent of

the cost of that operation (or 80 percent of the cost of that

116 STAT. 1268 PUBLIC LAW 107–217—AUG. 21, 2002

operation for a project to be carried out in a county for which

a distressed county designation is in effect under section 14526

of this title).

(3) SOURCES OF ASSISTANCE.—The federal contribution may

be provided entirely from amounts appropriated to carry out

this section or in combination with amounts provided under

other federal grant programs for the operation of health related

facilities and the provision of health and child development

services, including parts A and B of title IV and title XX

of the Social Security Act (42 U.S.C. 601 et seq., 620 et seq.,

1397 et seq.).

(4) FEDERAL SHARE.—Notwithstanding any provision of law

limiting the federal share in those other programs, amounts

appropriated to carry out this section may be used to increase

federal grants for operating components of a demonstration

health project to the maximum percentage cost of a grant

authorized by this subsection.

(5) STATE DEEMED TO MEET REQUIREMENT OF PROVIDING

ASSISTANCE OR SERVICES ON STATEWIDE BASIS.—Notwithstanding any provision of the Social Security Act (42 U.S.C.

301 et seq.) requiring assistance or services on a statewide

basis, a State providing assistance or services under a federal

grant program described in paragraph (2) in any area of the

region approved by the Commission is deemed to be meeting

that requirement.

(e) GRANT SOURCES AND USE OF GRANTS IN COMPUTING ALLOTMENTS.—Grants under this section—

(1) shall be made only out of amounts specifically appropriated for the purpose of carrying out this subtitle; and

(2) shall not be taken into account in computing allotments

among the States under any other law.

(f) MAXIMUM COMMISSION CONTRIBUTION.—

(1) IN GENERAL.—Subject to paragraph (2), the Commission

may contribute not more than 50 percent of any project cost

eligible for financial assistance under this section from amounts

appropriated to carry out this subtitle.

(2) DISTRESSED COUNTIES.—The maximum Commission contribution for a project to be carried out in a county for which

a distressed county designation is in effect under section 14526

of this title may be increased to the lesser of—

(A) 80 percent; or

(B) the maximum federal contribution percentage authorized by this section.

(g) EMPHASIS ON OCCUPATIONAL DISEASES FROM COAL MINING.—

To provide for the further development of the Appalachian region’s

human resources, grants under this section shall give special

emphasis to programs and research for the early detection, diagnosis, and treatment of occupational diseases arising from coal

mining, such as black lung.

§ 14503. Assistance for proposed low- and middle-income

housing projects

(a) APPALACHIAN HOUSING FUND.—

(1) ESTABLISHMENT.—There is an Appalachian Housing Fund.

(2) SOURCE AND USE OF AMOUNTS IN FUND.—Amounts allocated to the Secretary of Housing and Urban Development

for the purposes of this section shall be deposited in the Fund.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1269

The Secretary shall use the Fund as a revolving fund to carry

out those purposes. Amounts in the Fund not needed for current

operation may be invested in bonds or other obligations the

Federal Government guarantees as to principal and interest.

General expenses of administration of this section may be

charged to the Fund.

(b) PURPOSE.—To encourage and facilitate the construction or

rehabilitation of housing to meet the needs of low- and moderateincome families and individuals, the Secretary may make grants

and loans from the Fund, under terms and conditions the Secretary

may prescribe. The grants and loans may be made to nonprofit,

limited dividend, or cooperative organizations and public bodies

and are for planning and obtaining federally insured mortgage

financing or other financial assistance for housing construction

or rehabilitation projects for low- and moderate-income families

and individuals, in any area of the Appalachian region the Appalachian Regional Commission establishes, under— (1) section 221 of the National Housing Act (12 U.S.C. 1715l);

(2) section 8 of the United States Housing Act of 1937 (42

U.S.C. 1437f);

(3) section 515 of the Housing Act of 1949 (42 U.S.C. 1485);

or

(4) any other law of similar purpose administered by the

Secretary or any other department, agency, or instrumentality

of the Federal Government or a state government.

(c) PROVIDING AMOUNTS TO STATES FOR GRANTS AND LOANS.—

The Secretary or the Commission may provide amounts to the

States for making grants and loans to nonprofit, limited dividend,

or cooperative organizations and public bodies for the purposes

for which the Secretary may provide amounts under this section.

(d) LOANS.—

(1) LIMITATION ON AVAILABLE AMOUNTS.—A loan under subsection (b) shall not be more than 50 percent (or 80 percent

for a project to be carried out in a county for which a distressed

county designation is in effect under section 14526 of this

title) of the cost of planning and obtaining financing for a

project, including preliminary surveys and analyses of market

needs, preliminary site engineering and architectural fees, site

options, application and mortgage commitment fees, legal fees,

and construction loan fees and discounts.

(2) INTEREST.—A loan shall be made without interest, except

that a loan made to an organization established for profit

shall bear interest at the prevailing market rate authorized

for an insured or guaranteed loan for that type of project.

(3) PAYMENT.—The Secretary shall require payment of a loan

made under this section, under terms and conditions the Secretary may require, no later than on completion of the project.

Except for a loan to an organization established for profit,

the Secretary may cancel any part of a loan made under this

section on determining that a permanent loan to finance the

project cannot be obtained in an amount adequate for repayment of a loan made under this section.

(e) GRANTS.—

(1) IN GENERAL.—A grant under this section shall not be

made to an organization established for profit and, except as

provided in paragraph (2), shall not exceed 50 percent (or

80 percent for a project to be carried out in a county for

116 STAT. 1270 PUBLIC LAW 107–217—AUG. 21, 2002

which a distressed county designation is in effect under section

14526 of this title) of expenses, incident to planning and

obtaining financing for a project, which the Secretary considers

not to be recoverable from the proceeds of a permanent loan

made to finance the project.

(2) SITE DEVELOPMENT COSTS AND OFFSITE IMPROVEMENTS.— The Secretary may make grants and commitments for grants,

and may advance amounts under terms and conditions the

Secretary may require, to nonprofit, limited dividend, or

cooperative organizations and public bodies for reasonable site

development costs and necessary offsite improvements, such

as sewer and water line extensions, when the grant, commitment, or advance is essential to the economic feasibility of

a housing construction or rehabilitation project for low- and

moderate-income families and individuals which otherwise

meets the requirements for assistance under this section. A

grant under this paragraph for— (A) the construction of housing shall not be more than

10 percent of the cost of the project; and

(B) the rehabilitation of housing shall not be more than

10 percent of the reasonable value of the rehabilitation

housing, as determined by the Secretary.

(f) INFORMATION, ADVICE, AND TECHNICAL ASSISTANCE.—The Secretary or the Commission may provide, or contract with public

or private organizations to provide, information, advice, and technical assistance with respect to the construction, rehabilitation,

and operation by nonprofit organizations of housing for low- or

moderate- income families in areas of the region the Commission

establishes.

(g) APPLICATION OF CERTAIN PROVISIONS.—Programs and projects

assisted under this section are subject to the provisions cited in

section 14701 of this title to the extent provided in the laws authorizing assistance for low- and moderate-income housing.

§ 14504. Telecommunications and technology initiative

(a) PROJECTS TO BE ASSISTED.—The Appalachian Regional

Commission may provide technical assistance, make grants, enter

into contracts, or otherwise provide amounts to persons or entities

in the region for projects—

(1) to increase affordable access to advanced telecommunications, entrepreneurship, and management technologies or

applications in the region;

(2) to provide education and training in the use of telecommunications and technology;

(3) to develop programs to increase the readiness of industry

groups and businesses in the region to engage in electronic

commerce; or

(4) to support entrepreneurial opportunities for businesses

in the information technology sector.

(b) LIMITATION ON AVAILABLE AMOUNTS.—Not more than 50 percent (or 80 percent in the case of a project to be carried out

in a county for which a distressed county designation is in effect

under section 14526 of this title) of the cost of any activity eligible

for a grant under this section may be provided from amounts

appropriated to carry out this section.

(c) SOURCES OF ASSISTANCE.—Assistance under this section may

be provided entirely from amounts made available to carry out

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1271

this section, in combination with amounts made available under

other federal programs, or from any other source.

(d) FEDERAL SHARE.—Notwithstanding any provision of law limiting the federal share under any other federal program, amounts

made available to carry out this section may be used to increase

that federal share, as the Commission decides is appropriate.

§ 14505. Entrepreneurship initiative

(a) BUSINESS INCUBATOR SERVICE.—In this section, the term ‘‘business incubator service’’ means a professional or technical

service necessary for the initiation and initial sustainment of the

operations of a newly established business, including a service

such as—

(1) a legal service, including aid in preparing a corporate

charter, partnership agreement, or basic contract;

(2) a service in support of the protection of intellectual property through a patent, a trademark, or any other means;

(3) a service in support of the acquisition and use of advanced

technology, including the use of Internet services and Webbased services; and

(4) consultation on strategic planning, marketing, or advertising.

(b) PROJECTS TO BE ASSISTED.—The Appalachian Regional

Commission may provide technical assistance, make grants, enter

into contracts, or otherwise provide amounts to persons or entities

in the region for projects—

(1) to support the advancement of, and provide, entrepreneurial training and education for youths, students, and

businesspersons;

(2) to improve access to debt and equity capital by such

means as facilitating the establishment of development venture

capital funds;

(3) to aid communities in identifying, developing, and implementing development strategies for various sectors of the

economy;

(4) to develop a working network of business incubators;

and

(5) to support entities that provide business incubator services.

(c) LIMITATION ON AVAILABLE AMOUNTS.—Not more than 50 percent (or 80 percent in the case of a project to be carried out

in a county for which a distressed county designation is in effect

under section 14526 of this title) of the cost of any activity eligible

for a grant under this section may be provided from amounts

appropriated to carry out this section.

(d) SOURCES OF ASSISTANCE.—Assistance under this section may

be provided entirely from amounts made available to carry out

this section, in combination with amounts made available under

other federal programs, or from any other source.

(e) FEDERAL SHARE.—Notwithstanding any provision of law limiting the federal share under any other federal program, amounts

made available to carry out this section may be used to increase

that federal share, as the Commission decides is appropriate.

§ 14506. Regional skills partnerships

(a) ELIGIBLE ENTITY.—In this section, the term ‘‘eligible entity’’ means a consortium that—

116 STAT. 1272 PUBLIC LAW 107–217—AUG. 21, 2002

(1) is established to serve one or more industries in a specified

geographic area; and

(2) consists of representatives of— (A) businesses (or a nonprofit organization that represents businesses);

(B) labor organizations;

(C) State and local governments; or

(D) educational institutions.

(b) PROJECTS TO BE ASSISTED.—The Appalachian Regional

Commission may provide technical assistance, make grants, enter

into contracts, or otherwise provide amounts to eligible entities

in the region for projects to improve the job skills of workers

for a specified industry, including projects for— (1) the assessment of training and job skill needs for the

industry;

(2) the development of curricula and training methods,

including, in appropriate cases, electronic learning or technology-based training;

(3) the identification of training providers;

(4) the development of partnerships between the industry

and educational institutions, including community colleges;

(5) the development of apprenticeship programs;

(6) the development of training programs for workers,

including dislocated workers; and

(7) the development of training plans for businesses.

(c) ADMINISTRATIVE COSTS.—An eligible entity may use not more

than 10 percent of amounts made available to the eligible entity

under subsection (b) to pay administrative costs associated with

the projects described in subsection (b).

(d) LIMITATION ON AVAILABLE AMOUNTS.—Not more than 50 percent (or 80 percent in the case of a project to be carried out

in a county for which a distressed county designation is in effect

under section 14526 of this title) of the cost of any activity eligible

for a grant under this section may be provided from amounts

appropriated to carry out this section.

(e) SOURCES OF ASSISTANCE.—Assistance under this section may

be provided entirely from amounts made available to carry out

this section, in combination with amounts made available under

other federal programs, or from any other source.

(f) FEDERAL SHARE.—Notwithstanding any provision of law limiting the federal share under any other federal program, amounts

made available to carry out this section may be used to increase

that Federal share, as the Commission decides is appropriate.

§ 14507. Supplements to federal grant programs

(a) DEFINITION.—

(1) FEDERAL GRANT PROGRAMS.—In this section, the term

‘‘federal grant programs’’—

(A) means any federal grant program that provides

assistance for the acquisition or development of land, the

construction or equipment of facilities, or other community

or economic development or economic adjustment activities,

including a federal grant program authorized by—

(i) the Consolidated Farm and Rural Development

Act (7 U.S.C. 1921 et seq.);

(ii) the Land and Water Conservation Fund Act of

1965 (16 U.S.C. 460l–4 et seq.);

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1273

(iii) the Watershed Protection and Flood Prevention

Act (16 U.S.C. 1001 et seq.);

(iv) the Carl D. Perkins Vocational and Technical

Education Act of 1998 (20 U.S.C. 2301 et seq.);

(v) the Federal Water Pollution Control Act (33

U.S.C. 1251 et seq.) (known as the Clean Water Act);

(vi) title VI of the Public Health Services Act (42

U.S.C. 291 et seq.);

(vii) sections 201 and 209 of the Public Works and

Economic Development Act of 1965 (42 U.S.C. 3141,

3149);

(viii) title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); and

(ix) part IV of title III of the Communications Act

of 1934 (47 U.S.C. 390 et seq.); but

(B) does not include—

(i) the program for the construction of the development highway system authorized by section 14501 of

this title or any other program relating to highway

or road construction authorized by title 23; or

(ii) any other program to the extent that financial

assistance other than a grant is authorized.

(2) CERTAIN SEWAGE TREATMENT WORKS DEEMED CONSTRUCTED WITH FEDERAL GRANT ASSISTANCE.—For the purpose

of this section, any sewage treatment works constructed pursuant to title II of the Federal Water Pollution Control Act (33

U.S.C. 1281 et seq.) (known as the Clean Water Act) without

federal grant assistance under that title is deemed to be constructed with that assistance.

(b) PURPOSE.—To enable the people, States, and local communities

of the Appalachian region, including local development districts,

to take maximum advantage of federal grant programs for which

they are eligible but for which, because of their economic situation,

they cannot supply the required matching share, or for which there

are insufficient amounts available under the federal law authorizing

the programs to meet pressing needs of the region, the Federal

Cochairman may use amounts made available to carry out this

section—

(1) for any part of the basic federal contribution to projects

or activities under the federal grant programs authorized by

federal laws; and

(2) to increase the federal contribution to projects and activities under the programs above the fixed maximum part of

the cost of the projects or activities otherwise authorized by

the applicable law.

(c) CERTIFICATION REQUIRED.—For a program, project, or activity

for which any part of the basic federal contribution to the project

or activity under a federal grant program is proposed to be made

under subsection (b), the contribution shall not be made until the

responsible federal official administering the federal law authorizing

the contribution certifies that the program, project, or activity meets

the applicable requirements of the federal law and could be

approved for federal contribution under that law if amounts were

available under the law for the program, project, or activity.

(d) LIMITATIONS IN OTHER LAWS INAPPLICABLE.—Amounts provided pursuant to this subtitle are available without regard to

116 STAT. 1274 PUBLIC LAW 107–217—AUG. 21, 2002

any limitations on areas eligible for assistance or authorizations

for appropriation in any other law.

(e) ACCEPTANCE OF CERTAIN MATERIAL.—For a supplemental

grant for a project or activity under a federal grant program,

the Federal Cochairman shall accept any finding, report, certification, or documentation required to be submitted to the head

of the department, agency, or instrumentality of the Federal

Government responsible for the administration of the program.

(f) FEDERAL SHARE.—The federal portion of the cost of a project

or activity shall not— (1) be increased to more than the percentages the Commission

establishes; nor

(2) be more than 80 percent of the cost.

(g) MAXIMUM COMMISSION CONTRIBUTION.— (1) IN GENERAL.—Subject to paragraph (2), the Commission

may contribute not more than 50 percent of a project or activity

cost eligible for financial assistance under this section from

amounts appropriated to carry out this subtitle.

(2) DISTRESSED COUNTIES.—The maximum Commission contribution for a project or activity to be carried out in a county

for which a distressed county designation is in effect under

section 14526 of this title may be increased to 80 percent.

SUBCHAPTER II—ADMINISTRATIVE

§ 14521. Required level of expenditure

A State or political subdivision of a State is not eligible to receive

benefits under this subtitle unless the aggregate expenditure of

state amounts, except expenditures for participation in the Dwight

D. Eisenhower System of Interstate and Defense Highways and

local and federal amounts, for the benefit of the area within the

State located in the Appalachian region is maintained at a level

which does not fall below the average level of those expenditures

for the State’s last two full fiscal years prior to March 9, 1965.

In computing the level, a State’s past expenditure for participation

in the Dwight D. Eisenhower System of Interstate and Defense

Highways and expenditures of local and federal amounts shall

not be included. The Commission shall recommend to the President

a lesser requirement when it finds that a substantial population

decrease in that part of a State which lies within the region would

not justify a state expenditure equal to the average level of the

last two years or when it finds that a State’s average level of

expenditure in an individual program has been disproportionate

to the present need for that part of the State.

§ 14522. Consent of States

This subtitle does not require a State to engage in or accept

a program under this subtitle without its consent.

§ 14523. Program implementation

(a) REQUIREMENTS.—A program or project authorized under this

chapter shall not be implemented until—

(1) the responsible federal official has decided that applications and plans relating to the program or project are not

incompatible with the provisions and objectives of federal laws

that the official administers that are not inconsistent with

this subtitle; and

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1275

(2) the Appalachian Regional Commission has approved the

program or project and has determined that it— (A) meets the applicable criteria under section 14524

of this title and the requirements of the development planning process under section 14525 of this title; and

(B) will contribute to the development of the Appalachian

region.

(b) DECISION IS CONTROLLING.—A decision under subsection (a)(2)

is controlling and shall be accepted by the federal agencies.

§ 14524. Program development criteria

(a) FACTORS TO BE CONSIDERED.—In considering programs and

projects to be given assistance under this subtitle, and in establishing a priority ranking of the requests for assistance presented

to the Appalachian Regional Commission, the Commission shall

follow procedures that will ensure consideration of— (1) the relationship of the project or class of projects to

overall regional development, including its location in a severely

and persistently distressed county or area;

(2) the population and area to be served by the project or

class of projects, including the per capita market income and

the unemployment rates in the area;

(3) the relative financial resources available to the State

or political subdivisions or instrumentalities of the State that

seek to undertake the project;

(4) the importance of the project or class of projects in relation

to other projects or classes of projects that may be in competition for the same amounts;

(5) the prospects that the project for which assistance is

sought will improve, on a continuing rather than a temporary

basis, the opportunities for employment, the average level of

income, or the economic and social development of the area

served by the project; and

(6) the extent to which the project design provides for detailed

outcome measurements by which grant expenditures may be

evaluated.

(b) LIMITATION ON USE.—Financial assistance made available

under this subtitle shall not be used to assist establishments relocating from one area to another.

(c) DETERMINATION REQUIRED BEFORE AMOUNTS MAY BE PROVIDED.—Amounts may be provided for programs and projects in

a State under this subtitle only if the Commission determines

that the level of federal and state financial assistance under other

laws for the same type of programs or projects in that part of

the State within the Appalachian region will not be diminished

in order to substitute amounts authorized by this subtitle.

(d) MINIMUM AMOUNT OF ASSISTANCE TO DISTRESSED COUNTIES

AND AREAS.—For each fiscal year, not less than 50 percent of

the amount of grant expenditures the Commission approves shall

support activities or projects that benefit severely and persistently

distressed counties and areas.

§ 14525. State development planning process

(a) STATE DEVELOPMENT PLAN.—Pursuant to policies the Appalachian Regional Commission establishes, each state member shall

submit a development plan for the area of the State within the

Appalachian region. The plan shall—

116 STAT. 1276 PUBLIC LAW 107–217—AUG. 21, 2002

(1) be submitted according to a schedule the Commission

prescribes;

(2) reflect the goals, objectives, and priorities identified in

the regional development plan and in any subregional development plan that may be approved for the subregion of which

the State is a part;

(3) describe the state organization and continuous process

for Appalachian development planning, including—

(A) the procedures established by the State for the

participation of local development districts in the process;

(B) how the process is related to overall statewide planning and budgeting processes; and

(C) the method of coordinating planning and projects

in the region under this subtitle, the Public Works and

Economic Development Act of 1965 (42 U.S.C. 3121 et

seq.), and other federal, state, and local programs;

(4) set forth the goals, objectives, and priorities of the State

for the region, as established by the Governor, and identify

the needs on which the goals, objectives, and priorities are

based; and

(5) describe the development strategies for achieving the

goals, objectives, and priorities, including funding sources, and

recommendations for specific projects to receive assistance

under this subtitle.

(b) AREAWIDE ACTION PROGRAMS.—The Commission shall encourage the preparation and execution of areawide action programs

that specify interrelated projects and schedules of actions, the necessary agency funding, and other commitments to implement the

programs. The programs shall make appropriate use of existing

plans affecting the area.

(c) LOCAL DEVELOPMENT DISTRICTS.—Local development districts

certified by the State as described in section 14102(a)(2) of this

title provide the linkage between state and substate planning and

development. The districts shall assist the States in the coordination

of areawide programs and projects and may prepare and adopt

areawide plans or action programs. In carrying out the development

planning process, including the selection of programs and projects

for assistance, States shall consult with local development districts,

local units of government, and citizen groups and shall consider

the goals, objectives, priorities, and recommendations of those

bodies.

(d) FEDERAL RESPONSIBILITIES.—To the maximum extent practicable, federal departments, agencies, and instrumentalities undertaking or providing financial assistance for programs or projects

in the region shall—

(1) take into account the policies, goals, and objectives the

Commission and its member States establish pursuant to this

subtitle;

(2) recognize Appalachian state development strategies

approved by the Commission as satisfying requirements for

overall economic development planning under the programs

or projects; and

(3) accept the boundaries and organization of any local

development district certified under this subtitle that the Governor may designate as the areawide agency required under

any of those programs undertaken or assisted by those federal

departments, agencies, and instrumentalities.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1277

§ 14526. Distressed and economically strong counties

(a) DESIGNATIONS.—

(1) IN GENERAL.—The Appalachian Regional Commission, in

accordance with criteria the Commission may establish, each

year shall—

(A) designate as ‘‘distressed counties’’ those counties in

the Appalachian region that are the most severely and

persistently distressed; and

(B) designate two categories of economically strong counties, consisting of—

(i) ‘‘competitive counties’’, which shall be those counties in the region that are approaching economic parity

with the rest of the United States; and

(ii) ‘‘attainment counties’’, which shall be those counties in the region that have attained or exceeded economic parity with the rest of the United States.

(2) ANNUAL REVIEW OF DESIGNATIONS.—The Commission

shall—

(A) conduct an annual review of each designation of

a county under paragraph (1) to determine if the county

still meets the criteria for the designation; and

(B) renew the designation for another one-year period

only if the county still meets the criteria.

(b) DISTRESSED COUNTIES.—In program and project development

and implementation and in the allocation of appropriations made

available to carry out this subtitle, the Commission shall give

special consideration to the needs of counties for which a distressed

county designation is in effect under this section.

(c) ECONOMICALLY STRONG COUNTIES.—

(1) COMPETITIVE COUNTIES.—Except as provided in paragraphs (3) and (4), assistance under this subtitle for a project

that is carried out in a county for which a competitive county

designation is in effect under this section shall not be more

than 30 percent of the project cost.

(2) ATTAINMENT COUNTIES.—Except as provided in paragraphs (3) and (4), amounts may not be provided under this

subtitle for a project that is carried out in a county for which

an attainment county designation is in effect under this section.

(3) EXCEPTIONS.—Paragraphs (1) and (2) do not apply to—

(A) a project on the Appalachian development highway

system authorized by section 14501 of this title;

(B) a local development district administrative project

assisted under section 14321(a)(1)(A) of this title; or

(C) a multicounty project that is carried out in at least

two counties designated under this section if—

(i) at least one of the participating counties is designated as a distressed county under this section; and

(ii) the project will be of substantial direct benefit

to at least one distressed county.

(4) WAIVER.—

(A) IN GENERAL.—The Commission may waive the

requirements of paragraphs (1) and (2) for a project when

the recipient of assistance for the project shows the existence of any of the following:

(i) a significant pocket of distress in the part of

the county in which the project is carried out.

116 STAT. 1278 PUBLIC LAW 107–217—AUG. 21, 2002

(ii) a significant potential benefit from the project

in at least one area of the region outside the designated

county.

(B) REPORTS TO CONGRESS.—The Commission shall

submit to the Committee on Environment and Public Works

of the Senate and the Committee on Transportation and

Infrastructure of the House of Representatives an annual

report describing each waiver granted under subparagraph

(A) during the period covered by the report.

CHAPTER 147—MISCELLANEOUS

Sec.

14701. Applicable labor standards.

14702. Nondiscrimination.

14703. Authorization of appropriations.

14704. Termination.

§ 14701. Applicable labor standards

All laborers and mechanics employed by contractors or subcontractors in the construction, alteration, or repair, including

painting and decorating, of projects, buildings, and works which

are financially assisted through federal amounts authorized under

this subtitle shall be paid wages at rates not less than those

prevailing on similar construction in the locality as the Secretary

of Labor determines in accordance with sections 3141–3144, 3146,

and 3147 of this title. With respect to those labor standards, the

Secretary has the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267)

and section 3145 of this title.

§ 14702. Nondiscrimination

An individual in the United States shall not, because of sex,

be excluded from participation in, be denied the benefits of, or

be subjected to discrimination under, a program or activity receiving

federal financial assistance under this subtitle.

§ 14703. Authorization of appropriations

(a) IN GENERAL.—In addition to amounts authorized by section

14501 of this title and other amounts made available for the Appalachian development highway system program, the following

amounts may be appropriated to the Appalachian Regional Commission to carry out this subtitle:

(1) $88,000,000 for each of the fiscal years 2002–2004.

(2) $90,000,000 for fiscal year 2005.

(3) $92,000,000 for fiscal year 2006.

(b) TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE.—Of the

amounts made available under subsection (a), the following amounts

are available to carry out section 14504 of this title:

(1) $10,000,000 for fiscal year 2002.

(2) $8,000,000 for fiscal year 2003.

(3) $5,000,000 for each of the fiscal years 2004–2006.

(c) AVAILABILITY.—Amounts made available under subsection (a)

remain available until expended.

§ 14704. Termination

This subtitle, except sections 14102(a)(1) and (b) and 14501,

ceases to be in effect on October 1, 2006.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1279

SUBTITLE V—MISCELLANEOUS

CHAPTER Sec.

171. SAFETY STANDARDS FOR MOTOR VEHICLES ................................. 17101

173. GOVERNMENT LOSSES IN SHIPMENT ............................................... 17301

175. FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL ................. 17501

177. ALASKA COMMUNICATIONS DISPOSAL ............................................ 17701

179. ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP .......... 17901

181. TELECOMMUNICATIONS ACCESSIBILITY FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED INDIVIDUALS.18101

183. NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS.18301

CHAPTER 171—SAFETY STANDARDS FOR MOTOR

VEHICLES

Sec.

17101. Definitions.

17102. Prohibition on acquisition or purchase of motor vehicles by Federal Government.

17103. Commercial standards for passenger safety devices.

§ 17101. Definitions

In this chapter, the following definitions apply:

(1) FEDERAL GOVERNMENT.—The term ‘‘Federal Government’’

includes the government of the District of Columbia.

(2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means a

vehicle, self-propelled or drawn by mechanical power, designed

for use on the highways principally for the transportation of

passengers, except a vehicle designed or used for military field

training, combat, or tactical purposes.

§ 17102. Prohibition on acquisition or purchase of motor

vehicles by Federal Government

The Federal Government shall not purchase a motor vehicle

for use by the Government unless that motor vehicle is equipped

with reasonable passenger safety devices that the Administrator

of General Services requires. Those devices shall conform with

standards the Administrator prescribes under section 17103 of this

title.

§ 17103. Commercial standards for passenger safety devices

The Administrator of General Services shall prescribe and publish

in the Federal Register commercial standards for passenger safety

devices the Administrator requires under section 17102 of this

title. Changes in the standards take effect one year and 90 days

after the publication of the standards in the Federal Register.

CHAPTER 173—GOVERNMENT LOSSES IN SHIPMENT

Sec.

17301. Definitions.

17302. Compliance.

17303. Fund for the payment of Government losses in shipment.

17304. Claim for replacement.

17305. Replacing lost, destroyed, or damaged stamps, securities, obligations, or

money.

17306. Agreements of indemnity.

17307. Purchase of insurance.

17308. Presumption of lawful conduct.

17309. Rules and regulations.

116 STAT. 1280 PUBLIC LAW 107–217—AUG. 21, 2002

§ 17301. Definitions

In this chapter, the following definitions apply:

(1) REPLACEMENT.—The term ‘‘replacement’’ means payment,

reimbursement, replacement, or duplication or the expenses

incident to payment, reimbursement, replacement, or duplication.

(2) SHIPMENT.—The term ‘‘shipment’’—

(A) means the transportation, or the effecting of transportation, of valuables, without limitation as to the means

or facilities used or by which the transportation is effected

or the person to whom it is made; and

(B) includes shipments made to any executive department, independent establishment, agency, wholly owned

or mixed-ownership Government corporation, officer, or

employee of the Federal Government, or any person acting

on behalf of, or at the direction of, the executive department, independent establishment, agency, wholly or partly

owned Government corporation, officer, or employee.

(3) VALUABLES.— (A) DEFINITION.—The term ‘‘valuables’’ means any articles or things or representatives of value— (i) in which the Government, its executive departments, independent establishments, and agencies,

including wholly owned Government corporations, and

officers and employees of the Government or its executive departments, independent establishments, and

agencies while acting in their official capacity, have

any interest, or in connection with which they have

any obligation or responsibility; and

(ii) which the Secretary of the Treasury declares

to be valuables within the meaning of this chapter.

(B) REQUIREMENT FOR DECLARING ARTICLES OR THINGS

VALUABLE.—The Secretary shall not declare articles or

things that are lost, destroyed, or damaged in the course

of shipment to be valuables unless the Secretary determines that replacement of the articles or things in accordance with the procedure established in this chapter would

be in the public interest.

(4) WHOLLY OWNED GOVERNMENT CORPORATION.—The term

‘‘wholly owned Government corporation’’—

(A) means any corporation, regardless of the law under

which it is incorporated, the capital of which is entirely

owned by the Government; and

(B) includes the authorized officers, employees, and

agents of the corporation.

§ 17302. Compliance

(a) PRESCRIBING REGULATIONS.—With the approval of the President, the Secretary of the Treasury and the United States Postal

Service jointly shall prescribe regulations governing the shipment

of valuables by an executive department, independent establishment, agency, wholly owned Government corporation, officer, or

employee of the Federal Government, with a view to minimizing

the risk of loss and destruction of, and damage to, valuables in

shipment.

(b) COMPLIANCE.—Each executive department, independent

establishment, agency, wholly owned Government corporation,

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1281

officer, and employee of the Government, and each person acting

for, or at the direction of, the executive department, independent

establishment, agency, wholly owned Government corporation,

officer, or employee, must comply with the regulations when making

any shipment of valuables.

§ 17303. Fund for the payment of Government losses in shipment

(a) ESTABLISHMENT.—There is a revolving fund in the Treasury

known as ‘‘the fund for the payment of Government losses in shipment’’.

(b) USE.—The fund shall be used for the replacement of valuables,

or the value of valuables, lost, destroyed, or damaged while being

shipped in accordance with regulations prescribed under section

17302 of this title.

(c) UNAVAILABILITY.—The fund is not available with respect to

any loss, destruction, or damage affecting valuables—

(1) that relates to property of the United States Postal Service

that is chargeable to its officers or employees; or

(2) of which shipment shall have been made at the risk

of persons other than the Federal Government and the executive departments, independent establishments, agencies, wholly

owned Government corporations, officers and employees of the

Government.

(d) CREDITING OF RECOVERIES AND REPAYMENTS.—All recoveries

and repayments on account of loss, destruction, or damage to

valuables for which replacement is made out of the fund shall

be credited to it and are available for the purposes of the fund.

(e) APPROPRIATIONS.—Necessary amounts are appropriated for

the fund.

§ 17304. Claim for replacement

(a) PRESENTATION OF CLAIM.—When valuables that have been

shipped in accordance with regulations prescribed under section

17302 of this title are lost, destroyed, or damaged, a claim in

writing for replacement shall be made on the Secretary of the

Treasury.

(b) DECISION OF THE SECRETARY OF THE TREASURY.—

(1) REPLACEMENT MADE FROM FUND.—If the Secretary is satisfied that the loss, destruction, or damage has occurred and

that shipment was made substantially in accordance with the

regulations, the Secretary shall have replacement be made

out of the fund described in section 17303 of this title through

an officer the Secretary designates.

(2) REPLACEMENT MADE BY CREDIT.—When the Secretary

decides that any part of the replacement can be made, without

actual or ultimate injury to the Federal Government, by a

credit in the accounts of the executive department, independent

establishment, agency, officer, employee, or other accountable

person making the claim, the Secretary shall— (A) certify the decision to the Comptroller General who,

on receiving the certification, shall make the credit in

the settlement of accounts in the General Accounting Office;

and

(B) use the fund only to the extent that the replacement

cannot be made by the credit.

116 STAT. 1282 PUBLIC LAW 107–217—AUG. 21, 2002

(c) DECISION OF SECRETARY NOT REVIEWABLE.—The decision of

the Secretary that a loss, destruction, or damage has occurred

or that a shipment was made substantially in accordance with

regulations is final and conclusive and is not subject to review

by any other officer of the Government.

§ 17305. Replacing lost, destroyed, or damaged stamps, securities, obligations, or money

Stamps, securities, or other obligations of the Federal Government, or money lost, destroyed, or damaged while in the custody

or possession of, or charged to, the United States Postal Service

while it is acting as agent for, or on behalf of, the Secretary

of the Treasury for the sale of the stamps, securities, or obligations

and for the collection of the money, shall be replaced out of the

fund described in section 17303 of this title under regulations

the Secretary may prescribe, regardless of how the loss, destruction,

or damage occurs.

§ 17306. Agreements of indemnity

(a) DEFINITION.—In this section, the term ‘‘Federal Government’’

includes wholly owned Government corporations, and officers and

employees of the Government or its executive departments, independent establishments, and agencies while acting in their official

capacity.

(b) AUTHORITY TO MAKE AGREEMENT.—The Secretary of the

Treasury may make and deliver, on behalf of the Federal Government, a binding agreement of indemnity the Secretary considers

necessary and proper to enable the Government to obtain the

replacement of any instrument or document—

(1) received by the Government or an agent of the Government in the agent’s official capacity; and

(2) which, after having been received, is lost, destroyed, or

so mutilated as to impair its value.

(c) WHEN FEDERAL GOVERNMENT NOT OBLIGATED.—The Government is not obligated under an agreement of indemnity if the

obligee named in the agreement makes a payment or delivery

not required by law on the original of the instrument or document

covered by the agreement.

(d) USE OF FUND FOR THE PAYMENT OF GOVERNMENT LOSSES

IN SHIPMENT.—The fund described in section 17303 of this title

is available to pay any obligation arising out of an agreement

the Secretary makes under this section.

§ 17307. Purchase of insurance

An executive department, independent establishment, agency,

wholly owned Government corporation, officer, or employee may

expend money, or incur an obligation, for insurance, or for the

payment of premiums on insurance, against loss, destruction, or

damage in the shipment of valuables only as specifically authorized

by the Secretary of the Treasury. The Secretary may give the

authorization if the Secretary finds that the risk of loss, destruction,

or damage in the shipment cannot be guarded against adequately

by the facilities of the Federal Government or that adequate replacement cannot be provided under this chapter.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1283

§ 17308. Presumption of lawful conduct

For purposes of the propriety of an act or omission related to

a shipment to which the regulations prescribed under section 17302

of this title apply, every officer and employee of the Federal Government and every individual acting on behalf of a wholly owned

Government corporation who makes a shipment of valuables in

good faith under, and substantially in accordance with, the regulations is deemed to be acting in the faithful execution of the officer’s,

employee’s, or individual’s duties of office and in full performance

of any conditions of the officer’s, employee’s, or individual’s bond

and oath of office.

§ 17309. Rules and regulations

(a) GENERAL AUTHORITY.—With the approval of the President,

the Secretary of the Treasury may prescribe regulations necessary

to carry out the duties and powers vested in the Secretary under

this chapter.

(b) PROVIDING INFORMATION.—To carry out subsection (a), the

Secretary may require a person making a shipment of valuables

or a claim for replacement to make a declaration or to provide

other information the Secretary considers necessary.

CHAPTER 175—FEDERAL MOTOR VEHICLE

EXPENDITURE CONTROL

Sec.

17501. Definitions.

17502. Monitoring system.

17503. Data collection.

17504. Agency statements with respect to motor vehicle use.

17505. Presidential report.

17506. Reduction of storage and disposal costs.

17507. Savings.

17508. Compliance.

17509. Applicability.

17510. Cooperation.

§ 17501. Definitions

In this chapter, the following definitions apply:

(1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’—

(A) means an executive agency (as that term is defined

in section 105 of title 5) that operates at least 300 motor

vehicles; but

(B) does not include the Tennessee Valley Authority.

(2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means—

(A) a vehicle self-propelled or drawn by mechanical

power; but not

(B) a vehicle designed or used for military field training,

combat, or tactical purposes, or any other special purpose

vehicle exempted from the requirements of this chapter

by the Administrator of General Services.

§ 17502. Monitoring system

The head of each executive agency shall designate one office,

officer, or employee of the agency— (1) to establish and operate a central monitoring system

for the motor vehicle operations of the agency, related activities,

and related reporting requirements; and

(2) provide oversight of those operations, activities, and

requirements.

116 STAT. 1284 PUBLIC LAW 107–217—AUG. 21, 2002

§ 17503. Data collection

(a) COST IDENTIFICATION AND ANALYSIS.—The head of each executive agency shall develop a system to identify, collect, and analyze

data with respect to all costs (including obligations and outlays)

the agency incurs in the operation, maintenance, acquisition, and

disposition of motor vehicles, including vehicles owned or leased

by the Federal Government and privately owned vehicles used

for official purposes.

(b) REQUIREMENTS FOR DATA SYSTEMS.— (1) SCOPE OF REQUIREMENTS.—In cooperation with the Comptroller General of the United States and the Director of the

Office of Management and Budget, the Administrator of General Services shall prescribe requirements governing the

establishment and operation by executive agencies of the systems required by subsection (a), including requirements with

respect to data on the costs and uses of motor vehicles and

with respect to the uniform collection and submission of the

data.

(2) CONFORMITY WITH PRINCIPLES AND STANDARDS.—Requirements prescribed under this section shall conform to accounting

principles and standards issued by the Comptroller General.

Each executive agency shall comply with those requirements.

§ 17504. Agency statements with respect to motor vehicle

use

(a) CONTENTS OF STATEMENT.—The head of each executive agency

shall include with the appropriation request the agency submits

under section 1108 of title 31 for each fiscal year, a statement—

(1) specifying—

(A) the total motor vehicle acquisition, maintenance,

leasing, operation, and disposal costs (including obligations

and outlays) the agency incurred in the most recently completed fiscal year; and

(B) an estimate of those costs for the fiscal year in

which the request is submitted and for the succeeding

fiscal year; and

(2) justifying why the existing and any new motor vehicle

acquisition, maintenance, leasing, operation, and disposal

requirements of the agency cannot be met through the Interagency Fleet Management System the Administrator of General

Services operates, a qualified private fleet management firm,

or any other method which is less costly to the Federal Government.

(b) COMPLIANCE WITH REQUIREMENTS.—The head of each executive agency shall comply with the requirements prescribed under

section 17503(b) of this title in preparing each statement required

under subsection (a).

§ 17505. Presidential report

(a) SUMMARY AND ANALYSIS OF AGENCY STATEMENTS.—The President shall include with the budget transmitted under section 1105

of title 31 for each fiscal year, or in a separate written report

to Congress for that fiscal year, a summary and analysis of the

statements most recently submitted by the heads of executive agencies pursuant to section 17504(a) of this title.

(b) CONTENTS OF SUMMARY AND ANALYSIS.—Each summary and

analysis shall include a review, for the fiscal year preceding the

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1285

fiscal year in which the budget is submitted, the current fiscal

year, and the fiscal year for which the budget is submitted, of

the cost savings that have been achieved, that are estimated will

be achieved, and that could be achieved, in the acquisition, maintenance, leasing, operation, and disposal of motor vehicles by executive agencies through—

(1) the use of a qualified private fleet management firm

or another private contractor;

(2) increased reliance by executive agencies on the Interagency Fleet Management System the Administrator of General

Services operates; or

(3) other existing motor vehicle management systems.

§ 17506. Reduction of storage and disposal costs

The Administrator of General Services shall take such actions

as may be necessary to reduce motor vehicle storage and disposal

costs and to improve the rate of return on motor vehicle sales

through a program of vehicle reconditioning prior to sale.

§ 17507. Savings

(a) ACTIONS BY PRESIDENT REQUIRED.—The President shall establish, for each executive agency, goals to reduce outlays for the

operation, maintenance, leasing, acquisition, and disposal of motor

vehicles in order to reduce, by fiscal year 1988, the total amount

of outlays by all executive agencies for the operation, maintenance,

leasing, acquisition, and disposal of motor vehicles to an amount

which is $150,000,000 less than the amount for the operation,

maintenance, leasing, acquisition, and disposal of motor vehicles

requested by the President in the budget submitted under section

1105 of title 31 for fiscal year 1986.

(b) MONITORING OF COMPLIANCE.—The Director of the Office of

Management and Budget shall monitor compliance by executive

agencies with the goals established by the President under subsection (a) and shall include, in each summary and analysis required

under section 17505 of this title, a statement specifying the reductions in expenditures by executive agencies, including the Department of Defense, achieved under those goals.

§ 17508. Compliance

(a) ADMINISTRATOR OF GENERAL SERVICES.—The Administrator

of General Services shall comply with and be subject to this chapter

with regard to all motor vehicles that are used within the General

Services Administration for official purposes.

(b) MANAGERS OF OTHER MOTOR POOLS.—This chapter with

respect to motor vehicles from the Interagency Fleet Management

System shall be complied with by the executive agencies to which

such motor vehicles are assigned.

§ 17509. Applicability

(a) PRIORITY IN REDUCING HEADQUARTERS USE.—The heads of

executive agencies shall give first priority to meeting the goals

established by the President under section 17507(a) of this title

by reducing the costs of administrative motor vehicles used at

the headquarters and regional headquarters of executive agencies,

rather than by reducing the costs of motor vehicles used by line

agency personnel working in agency field operations or activities.

116 STAT. 1286 PUBLIC LAW 107–217—AUG. 21, 2002

(b) REGULATIONS, STANDARDS, AND DEFINITIONS.—The President

shall require the Administrator of General Services, in cooperation

with the Director of the Office of Management and Budget, to

prescribe appropriate regulations, standards, and definitions to

ensure that executive agencies meet the goals established under

section 17507(a) of this title in the manner prescribed by subsection

(a).

§ 17510. Cooperation

The Director of the Office of Management and Budget and the

Administrator of General Services shall cooperate closely in the

implementation of this chapter.

CHAPTER 177—ALASKA COMMUNICATIONS DISPOSAL

Sec.

17701. Definitions.

17702. Transfer of Government-owned long-lines communication facilities in and to

Alaska.

17703. National defense considerations and qualification of transferee.

17704. Contents of agreements for transfer.

17705. Approval of Federal Communications Commission.

17706. Gross proceeds as miscellaneous receipts in the Treasury.

17707. Reports.

17708. Nonapplication.

§ 17701. Definitions

In this chapter, the following definitions apply:

(1) AGENCY CONCERNED.—The term ‘‘agency concerned’’

means a department, agency, wholly owned corporation, or

instrumentality of the Federal Government.

(2) LONG-LINES COMMUNICATION FACILITIES.—The term ‘‘longlines communication facilities’’ means the transmission systems

connecting points inside the State with each other and with

points outside the State by radio or wire, and includes all

kinds of property and rights of way necessary to accomplish

this interconnection.

(3) TRANSFER.—The term ‘‘transfer’’ means the conveyance

by the Government of any element of ownership, including

any estate or interest in property, and franchise rights, by

sale, exchange, lease, easement, or permit, for cash, credit,

or other property with or without warranty.

§ 17702. Transfer of Government-owned long-lines communication facilities in and to Alaska

(a) IN GENERAL.—

(1) AUTHORITY OF THE SECRETARY OF DEFENSE.—

(A) REQUIREMENTS PRIOR TO TRANSFER.—Subject to section 17703 of this title and with the advice, assistance,

and, in the case of an agency not under the jurisdiction

of the Secretary of Defense, the consent of the agency

concerned, and after approval of the President, the Secretary of Defense shall transfer for adequate consideration

any or all long-lines communication facilities in or to Alaska

under the jurisdiction of the Federal Government to any

person qualifying under section 17703.

(B) AUTHORITY TO CARRY OUT CHAPTER.—The Secretary

of Defense may take action and exercise powers as may

be necessary or appropriate to carry out the purposes of

this chapter.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1287

(2) CONSENT OF SECRETARY CONCERNED.—An interest in

public lands, withdrawn or otherwise appropriated, shall not

be transferred under this chapter without the prior consent

of the Secretary of the Interior, or, with respect to lands in

a national forest, of the Secretary of Agriculture.

(3) PROCEDURES AND METHODS.—The Secretary of Defense

shall carry out a transfer under this chapter in accordance

with the procedures and methods required of the Administrator

of General Services by section 545(a) and (b) of this title.

(b) DOCUMENTS OF TITLE OR OTHER PROPERTY INTERESTS.—The

head of the agency concerned (or a designee of the head) shall

execute documents for the transfer of title or other interest in

property, except any mineral rights in the property, and take other

action that the Secretary of Defense decides is necessary or proper

to transfer the property under this chapter. A copy of a deed,

lease, or other instrument executed by or on behalf of the head

of the agency concerned purporting to transfer title or another

interest in public land shall be provided to the Secretary of the

Interior.

(c) SOLICITATION OF OFFERS TO PURCHASE CERTAIN FACILITIES.—

In connection with soliciting offers to purchase long-lines facilities

of the Alaska Communication System, the Secretary of Defense

shall—

(1) provide any prospective purchaser who requests it data

on—

(A) the facilities available for purchase;

(B) the amounts considered to be the current fair and

reasonable value of those facilities; and

(C) the initial rates that will be charged to the purchaser

for capacity in facilities retained by the Government and

available for commercial use;

(2) provide in the request for offers to purchase that offerors

must specify the rates the offerors propose to charge for service

and the improvements in service the offerors propose to initiate;

(3) provide an opportunity for prospective purchasers to meet

as a group with Department of Defense representatives to

ensure that the data and public interest requirements described

in clauses (1) and (2) are fully understood; and

(4) seek the advice and assistance of the Federal Communications Commission and the Governor of Alaska (or a designee

of the Governor) to ensure consideration of all public interest

factors associated with the transfer.

(d) APPLICABILITY OF ANTITRUST PROVISIONS.—The requirements

of section 559 of this title apply to transfers under this chapter.

§ 17703. National defense considerations and qualification

of transferee

A transfer under this chapter shall not be made unless the

Secretary of Defense determines that—

(1) the Federal Government does not need to retain the

property involved in the transfer for national defense purposes;

(2) the transfer is in the public interest;

(3) the person to whom the transfer is made is prepared

and qualified to provide the communication service involved

in the transfer without interruption; and

(4) the long-lines communication facilities will not directly

or indirectly be owned, operated, or controlled by a person

116 STAT. 1288 PUBLIC LAW 107–217—AUG. 21, 2002

that would legally be disqualified from holding a radio station

license by section 310(a) of the Communications Act of 1934

(47 U.S.C. 310(a)).

§ 17704. Contents of agreements for transfer

An agreement by which a transfer is made under this chapter

shall provide that—

(1) subject to regulations of the Federal Communications

Commission and of any body or commission established by

Alaska to govern and regulate communications services to the

public and all applicable statutes, treaties, and conventions,

the person to whom the transfer is made shall provide the

communication services involved in the transfer without interruption, except those services reserved by the Federal Government in the transfer;

(2) the rates and charges for those services applicable at

the time of transfer shall not be changed for a period of one

year from the date of the transfer unless approved by a governmental body or commission having jurisdiction; and

(3) the transfer will not be final until the transferee receives

the requisite license and certificate of convenience and necessity

to operate interstate and intrastate commercial communications

in Alaska from the appropriate governmental regulatory bodies.

§ 17705. Approval of Federal Communications Commission

A transfer under this chapter does not require the approval

of the Federal Communications Commission except to the extent

that the approval of the Commission is necessary under section

17704(3) of this title.

§ 17706. Gross proceeds as miscellaneous receipts in the

Treasury

The gross proceeds of each transfer shall be deposited in the

Treasury as miscellaneous receipts.

§ 17707. Reports

The Secretary of Defense shall report to the Congress and the

President—

(1) in January of each year, the actions taken under this

chapter during the preceding 12 months; and

(2) not later than 90 days after completion of each transfer

under this chapter, a full account of that transfer.

§ 17708. Nonapplication

This chapter does not modify in any manner the Communications

Act of 1934 (47 U.S.C. 151 et seq.).

CHAPTER 179—ALASKA FEDERAL-CIVILIAN ENERGY

EFFICIENCY SWAP

Sec.

17901. Definitions.

17902. Sale of electric energy.

17903. Purchase of electric power.

17904. Implementation powers and limitations.

§ 17901. Definitions

In this chapter, the following definitions apply:

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1289

(1) FEDERAL AGENCY.—The term ‘‘federal agency’’ means a

department, agency, or instrumentality of the Federal Government.

(2) FEDERALLY GENERATED ELECTRIC ENERGY.—The term ‘‘federally generated electric energy’’ means any electric power generated by an electric generating facility owned and operated

by a federal agency.

(3) NON-FEDERAL PERSON.—The term ‘‘non-federal person’’

means a corporation, cooperative, municipality, or other nonfederal entity that generates electric energy through a facility

other than a federally owned electric generating facility.

§ 17902. Sale of electric energy

(a) IN GENERAL.—To conserve oil and natural gas and better

utilize coal, the head of a federal agency may sell, or enter into

a contract to sell, to any non-federal person electric energy generated by coal-fired electric generating facilities of that agency

in Alaska without regard to any provision of law that precludes

the sale when the electric energy to be sold is available from

other local sources, if the head of the federal agency determines

that—

(1) the electric energy to be sold is generated by an existing

coal-fired generating facility;

(2) the electric energy to be sold is surplus to the federal

agency’s needs and is in excess of the electric energy specifically

generated for consumption by, or necessary to serve the requirements of, another federal agency;

(3) the cost to the ultimate consumers of the electric energy

to be sold is less than the cost that, in the absence of the

sale, would be incurred by those consumers for the purchase

of an equivalent amount of energy; and

(4) the sale will reduce the total consumption of oil or natural

gas by the non-federal person purchasing the electric energy

below the level of consumption that would occur in the absence

of the sale.

(b) PRICING POLICIES.—Federally generated electric energy sold

by the head of a federal agency under subsection (a) shall be

priced to recover the fuel and variable operation and maintenance

costs of the facility generating the energy that are attributable

to that sale, plus an amount equal to one-half the difference

between—

(1) the costs of producing the electric energy by coal generation; and

(2) the costs of producing electric energy by the oil or gas

generation being displaced.

§ 17903. Purchase of electric power

For purposes of economy, efficiency, and conserving oil and natural gas, the head of a federal agency, when practicable and consistent with other laws and requirements applicable to that agency,

shall endeavor to purchase electric energy from a non-federal person

for consumption in Alaska by a facility of that agency when (taking

into account the remaining useful life of any facility available

to that agency to generate electric energy for that agency and

the cost of maintaining the facility on a standby basis) the purchase

will result in—

116 STAT. 1290 PUBLIC LAW 107–217—AUG. 21, 2002

(1) a savings to other consumers of electric energy sold by

that non-federal person without increasing the cost incurred

by any federal agency for electric energy; or

(2) a cost savings to the federal agency purchasing the electric

energy without increasing costs to other consumers of electric

energy.

§ 17904. Implementation powers and limitations

(a) ACCOMMODATION OF NEEDS FOR ELECTRIC ENERGY.—This

chapter does not require or authorize a federal agency to construct

a new electric generating facility or related facility, to modify an

existing facility, or to employ reserve or standby equipment to

accommodate the needs of a non-federal person for electric energy.

(b) AVAILABILITY OF REVENUE FROM SALES.—Revenue received

by a federal agency pursuant to section 17902 of this title from

the sale of electric energy generated from a facility of that agency

is available to the agency without fiscal year limitation to purchase

fuel and for operation, maintenance, and other costs associated

with that facility.

(c) EXERCISE OF AUTHORITIES.—The authority under this chapter

shall be exercised for those periods and pursuant to terms and

conditions that the head of the federal agency concerned decides

are necessary consistent with— (1) this chapter; and

(2) responsibilities of the head of the federal agency under

other law.

(d) NEGOTIATION AND EXECUTION OF CONTRACTS AND OTHER

AGREEMENTS.—A contract or other agreement executed under this

chapter shall be negotiated and executed by the head of the federal

agency selling or purchasing electric energy under this chapter.

CHAPTER 181—TELECOMMUNICATIONS ACCESSIBILITY

FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED INDIVIDUALS

Sec.

18101. Definitions.

18102. Federal telecommunications system.

18103. Research and development.

18104. TTY installation by Congress.

§ 18101. Definitions

In this chapter—

(1) FEDERAL AGENCY.—The term ‘‘federal agency’’ has the

same meaning given that term in section 102 of this title.

(2) TTY.—The term ‘‘TTY’’ means a text-telephone used in

the transmission of coded signals through the nationwide telecommunications system.

§ 18102. Federal telecommunications system

(a) REGULATIONS TO ENSURE ACCESSIBILITY.—The Administrator

of General Services, after consultation with the Architectural and

Transportation Barriers Compliance Board, the Interagency Committee on Computer Support of Handicapped Employees, the Federal Communications Commission, and affected federal agencies,

shall prescribe regulations to ensure that the federal telecommunications system is fully accessible to hearing-impaired and speechimpaired individuals, including federal employees, for communications with and within federal agencies.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1291

(b) FEDERAL RELAY SYSTEM.—The Administrator shall provide

for the continuation of the existing federal relay system for users

of TTY’s.

(c) DIRECTORY.—The Administrator shall assemble, publish, and

maintain a directory of TTY’s and other devices used by federal

agencies to comply with regulations prescribed under subsection

(a).

(d) PUBLICATION OF ACCESS NUMBERS.—The Administrator shall

publish access numbers of TTY’s and such other devices in federal

agency directories.

(e) LOGO.—After consultation with the Board, the Administrator

shall adopt the design of a standard logo to signify the presence

of a TTY or other device used by a federal agency to comply

with regulations prescribed under subsection (a).

§ 18103. Research and development

(a) SUPPORT FOR RESEARCH.—The Administrator of General Services, in consultation with the Federal Communications Commission,

shall seek to promote research by federal agencies, state agencies,

and private entities to reduce the cost and improve the capabilities

of telecommunications devices and systems that provide accessibility

to hearing-impaired and speech-impaired individuals.

(b) PLANNING TO ASSIMILATE TECHNOLOGICAL DEVELOPMENTS.— In planning future alterations to and modifications of the federal

telecommunications system, the Administrator shall take into

account—

(1) modifications that the Administrator determines are necessary to achieve the objectives of section 18102(a) of this

title; and

(2) technological improvements in telecommunications devices

and systems that provide accessibility to hearing-impaired and

speech-impaired individuals.

§ 18104. TTY installation by Congress

Each House of Congress shall establish a policy under which

Members of the House of Representatives and the Senate may

obtain TTY’s for use in communicating with hearing-impaired and

speech-impaired individuals, and for the use of hearing-impaired

and speech-impaired employees.

CHAPTER 183—NATIONAL CAPITAL AREA INTEREST

ARBITRATION STANDARDS

Sec.

18301. Findings and purposes.

18302. Definitions.

18303. Standards for arbitrators.

18304. Procedures for enforcement of awards.

§ 18301. Findings and purposes

(a) FINDINGS.—Congress finds that—

(1) affordable public transportation is essential to the economic vitality of the national capital area and is an essential

component of regional efforts to improve air quality to meet

environmental requirements and to improve the health of both

residents of and visitors to the national capital area as well

as to preserve the beauty and dignity of the Nation’s capital;

(2) use of mass transit by both residents of and visitors

to the national capital area is substantially affected by the

116 STAT. 1292 PUBLIC LAW 107–217—AUG. 21, 2002

prices charged for mass transit services, prices that are substantially affected by labor costs, since more than two-thirds of

operating costs are attributable to labor costs;

(3) labor costs incurred in providing mass transit in the

national capital area have increased at an alarming rate and

wages and benefits of operators and mechanics currently are

among the highest in the Nation;

(4) higher operating costs incurred for public transit in the

national capital area cannot be offset by increasing costs to

patrons, since this often discourages ridership and thus undermines the public interest in promoting the use of public transit;

(5) spiraling labor costs cannot be offset by the governmental

entities that are responsible for subsidy payments for public

transit services since local governments generally, and the District of Columbia government in particular, are operating under

severe fiscal constraints;

(6) imposition of mandatory standards applicable to arbitrators resolving arbitration disputes involving interstate compact

agencies operating in the national capital area will ensure

that wage increases are justified and do not exceed the ability

of transit patrons and taxpayers to fund the increase; and

(7) federal legislation is necessary under section 8 of Article

I of the United States Constitution to balance the need to

moderate and lower labor costs while maintaining industrial

peace.

(b) PURPOSE.—The purpose of this chapter is to adopt standards

governing arbitration that must be applied by arbitrators resolving

disputes involving interstate compact agencies operating in the

national capital area in order to lower operating costs for public

transportation in the Washington metropolitan area.

§ 18302. Definitions

In this chapter, the following definitions apply:

(1) ARBITRATION.—The term ‘‘arbitration’’—

(A) means the arbitration of disputes, regarding the

terms and conditions of employment, that is required under

an interstate compact governing an interstate compact

agency operating in the national capital area; but

(B) does not include the interpretation and application

of rights arising from an existing collective bargaining

agreement.

(2) ARBITRATOR.—The term ‘‘arbitrator’’ refers to either a

single arbitrator, or a board of arbitrators, chosen under

applicable procedures.

(3) INTERSTATE COMPACT AGENCY OPERATING IN THE NATIONAL

CAPITAL AREA.—The term ‘‘interstate compact agency operating

in the national capital area’’ means any interstate compact

agency that provides public transit services and that was established by an interstate compact to which the District of

Columbia is a signatory.

§ 18303. Standards for arbitrators

(a) DEFINITION.—In this section, the term ‘‘public welfare’’

includes, with respect to arbitration under an interstate compact—

(1) the financial ability of the individual jurisdictions participating in the compact to pay for the costs of providing public

transit services; and

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1293

(2) the average per capita tax burden, during the term of

the collective bargaining agreement to which the arbitration

relates, of the residents of the Washington metropolitan area,

and the effect of an arbitration award rendered under that

arbitration on the respective income or property tax rates of

the jurisdictions that provide subsidy payments to the interstate

compact agency established under the compact.

(b) FACTORS IN MAKING ARBITRATION AWARD.—An arbitrator rendering an arbitration award involving the employees of an interstate

compact agency operating in the national capital area may not

make a finding or a decision for inclusion in a collective bargaining

agreement governing conditions of employment without considering

the following factors:

(1) The existing terms and conditions of employment of the

employees in the bargaining unit.

(2) All available financial resources of the interstate compact

agency.

(3) The annual increase or decrease in consumer prices for

goods and services as reflected in the most recent consumer

price index for the Washington metropolitan area, published

by the Bureau of Labor Statistics.

(4) The wages, benefits, and terms and conditions of the

employment of other employees who perform, in other jurisdictions in the Washington standard metropolitan statistical area,

services similar to those in the bargaining unit.

(5) The special nature of the work performed by the employees

in the bargaining unit, including any hazards or the relative

ease of employment, physical requirements, educational qualifications, job training and skills, shift assignments, and the

demands placed upon the employees as compared to other

employees of the interstate compact agency.

(6) The interests and welfare of the employees in the bargaining unit, including—

(A) the overall compensation presently received by the

employees, having regard not only for wage rates but also

for wages for time not worked, including vacations, holidays, and other excused absences;

(B) all benefits received by the employees, including previous bonuses, insurance, and pensions; and

(C) the continuity and stability of employment.

(7) The public welfare.

(c) ABILITY TO FINANCE SALARIES AND BENEFITS PROVIDED IN

AWARD.—An arbitrator rendering an arbitration award involving

the employees of an interstate compact agency operating in the

national capital area may not, with respect to a collective bargaining

agreement governing conditions of employment, provide for salaries

and other benefits that exceed the ability of the interstate compact

agency, or of any governmental jurisdiction that provides subsidy

payments or budgetary assistance to the interstate compact agency,

to obtain the necessary financial resources to pay for wage and

benefit increases for employees of the interstate compact agency.

(d) REQUIREMENTS FOR FINAL AWARD.—

(1) WRITTEN AWARD.—In resolving a dispute submitted to

arbitration involving the employees of an interstate compact

agency operating in the national capital area, the arbitrator

shall issue a written award that demonstrates that all the

116 STAT. 1294 PUBLIC LAW 107–217—AUG. 21, 2002

factors set forth in subsections (b) and (c) have been considered

and applied.

(2) PREREQUISITES.—An award may grant an increase in

pay rates or benefits (including insurance and pension benefits),

or reduce hours of work, only if the arbitrator concludes that

any costs to the agency do not adversely affect the public

welfare.

(3) SUBSTANTIAL EVIDENCE.—The arbitrator’s conclusion

regarding the public welfare must be supported by substantial

evidence.

§ 18304. Procedures for enforcement of awards

(a) MODIFICATIONS AND FINALITY OF AWARD.—Within 10 days

after the parties receive an arbitration award to which section

18303 of this title applies, the interstate compact agency and the

employees, through their representative, may agree in writing on

any modifications to the award. After the end of that 10-day period,

the award, and any modifications, become binding on the interstate

compact agency, the employees in the bargaining unit, and the

employees’ representative.

(b) IMPLEMENTATION.—Each party to an award that becomes

binding under subsection (a) shall take all actions necessary to

implement the award.

(c) JUDICIAL REVIEW.—Within 60 days after an award becomes

binding under subsection (a), the interstate compact agency or

the exclusive representative of the employees concerned may bring

a civil action in a court that has jurisdiction over the interstate

compact agency for review of the award. The court shall review

the award on the record, and shall vacate the award or any part

of the award, after notice and a hearing, if—

(1) the award is in violation of applicable law;

(2) the arbitrator exceeded the arbitrator’s powers;

(3) the decision by the arbitrator is arbitrary or capricious;

(4) the arbitrator conducted the hearing contrary to the provisions of this chapter or other laws or rules that apply to

the arbitration so as to substantially prejudice the rights of

a party;

(5) there was partiality or misconduct by the arbitrator

prejudicing the rights of a party;

(6) the award was procured by corruption, fraud, or bias

on the part of the arbitrator; or

(7) the arbitrator did not comply with the provisions of section

18303 of this title.

SEC. 2. TRANSFER OF MATERIAL AND EQUIPMENT TO THE ARCHITECT

OF THE CAPITOL.

Chapter 443 of title 10, United States Code, is amended as

follows:

(1) Insert immediately after section 4688 the following new

section:

‘‘§ 4689. Transfer of material and equipment to the Architect

of the Capitol

‘‘The Secretary of the Army is authorized to transfer, without

payment, to the Architect of the Capitol, such material and equipment, not required by the Department of the Army, as the Architect

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1295

may request for use at the Capitol power plant, the Capitol Building,

and the Senate and House Office Buildings.’’. (2) Insert immediately below item 4688 in the analysis of

the chapter the following new item:

‘‘4689. Transfer of material and equipment to the Architect of the Capitol.’’.

SEC. 3. CONFORMING CROSS-REFERENCES.

(a) TITLE 5.—Title 5, United States Code, is amended as follows:

(1) In section 7342(e)(1)— (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Federal’’; and

(B) insert ‘‘(41 U.S.C. 251 et seq.)’’ after ‘‘of 1949’’. (2) In section 9505(b), strike ‘‘division E of the Clinger-Cohen

Act of 1996 (Public Law 104–106; 110 Stat. 679)’’ and substitute ‘‘subtitle III of title 40’’. (3) In section 9508(a)(2)(A), strike ‘‘division E of the ClingerCohen Act of 1996 (Public Law 104–106; 110 Stat. 679)’’ and

substitute ‘‘subtitle III of title 40’’. (b) TITLE 10.—Title 10, United States Code, is amended as follows:

(1) In section 2223— (A) in subsection (a), strike ‘‘section 5125 of the ClingerCohen Act of 1996 (40 U.S.C. 1425)’’ and substitute ‘‘section

11315 of title 40’’;

(B) in subsection (b), strike ‘‘section 5125 of the ClingerCohen Act of 1996 (40 U.S.C. 1425)’’ and substitute ‘‘section

11315 of title 40’’;

(C) in subsection (c)(2), strike ‘‘section 5002 of the

Clinger-Cohen Act of 1996 (40 U.S.C. 1401)’’ and substitute ‘‘section 11101 of title 40’’; and

(D) in subsection (c)(3), strike ‘‘section 5142 of the

Clinger-Cohen Act of 1996 (40 U.S.C. 1452)’’ and substitute ‘‘section 11103 of title 40’’. (2) In section 2302(2)(A), strike ‘‘title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541

et seq.)’’ and substitute ‘‘chapter 11 of title 40’’. (3) In section 2304(h)— (A) before clause (1), strike ‘‘laws’’; and

(B) strike clause (2) and substitute ‘‘(2) Sections 3141– 3144, 3146, and 3147 of title 40.’’. (4) In section 2305a(a), strike ‘‘the Brooks Architect-Engineers

Act (40 U.S.C. 541 et seq.)’’ and substitute ‘‘chapter 11 of

title 40’’. (5) In section 2315(a), strike ‘‘division E of the Clinger-Cohen

Act of 1996 (40 U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle

III of title 40’’. (6) In section 2381(c)— (A) strike ‘‘section 205 of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 486)’’ and

substitute ‘‘section 121 of title 40’’; and

(B) strike ‘‘section 201(a) of that Act (40 U.S.C. 481(a))’’ and substitute ‘‘section 501(a)(2) of title 40’’. (7) In section 2535(b)(1)(G), strike ‘‘title II of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

481 et seq.)’’ and substitute ‘‘chapter 5 of title 40’’.

(8) In subsection 2562(a)(1)—

(A) insert ‘‘subtitle I of title 40 and title III of’’ before

‘‘the Federal’’; and

116 STAT. 1296 PUBLIC LAW 107–217—AUG. 21, 2002

(B) strike ‘‘(40 U.S.C. 472 et seq.)’’ and substitute ‘‘(41

U.S.C. 251 et seq.)’’. (9) In section 2572(d)(1), strike ‘‘section 205 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

486)’’ and substitute ‘‘section 121 of title 40’’.

(10) In section 2576(a)—

(A) insert ‘‘subtitle I of title 40 and title III of’’ before

‘‘the Federal’’; and

(B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

U.S.C. 251 et seq.)’’.

(11) In section 2577(a)(2), strike ‘‘section 203 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

484)’’ and substitute ‘‘sections 541–555 of title 40’’.

(12) In section 2667—

(A) in subsection (a)(2), strike ‘‘section 3 of the Federal

Property and Administrative Services Act of 1949 (40

U.S.C. 472)’’ and substitute ‘‘section 102 of title 40’’;

(B) in subsection (b)(5), strike ‘‘section 321 of the Act

of June 30, 1932 (40 U.S.C. 303b)’’ and substitute ‘‘section

1302 of title 40’’; and

(C) in subsection (f)(1)—

(i) insert ‘‘subtitle I of title 40 and title III of’’ before

‘‘the Federal’’; and

(ii) strike ‘‘such Act is’’ and substitute ‘‘subtitle I

and title III are’’.

(13) In section 2667a(a)(3), strike ‘‘section 3 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

472)’’ and substitute ‘‘section 102 of title 40’’.

(14) In section 2676(a)—

(A) insert ‘‘subtitle I of title 40 and title III of’’ before

‘‘the Federal’’; and

(B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘41

U.S.C. 251 et seq.)’’.

(15) In section 2691(b)—

(A) insert ‘‘subtitle I of title 40 and title III of’’ before

‘‘the Federal’’; and

(B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

U.S.C. 251 et seq.)’’.

(16) In section 2696—

(A) in subsection (a)—

(i) insert ‘‘subtitle I of title 40 and title III of’’ before

‘‘the Federal’’; and

(ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute

‘‘(41 U.S.C. 251 et seq.)’’; and

(B) strike subsection (e)(5) and substitute—

‘‘(5) Chapter 5 of title 40.’’.

(17) In section 2701(i)(1)—

(A) strike ‘‘the Miller Act (40 U.S.C. 270a et seq.)’’ and

substitute ‘‘sections 3131 and 3133 of title 40’’;

(B) strike ‘‘the Act of April 29, 1941 (40 U.S.C. 270e–

270f)’’ and substitute ‘‘section 3134 of title 40’’; and

(C) strike ‘‘the Miller Act’’ and substitute ‘‘sections 3131

and 3133’’.

(18) In section 2814(j)(3), strike ‘‘Sections 202 and 203 of

the Federal Property and Administrative Services Act of 1949

(40 U.S.C. 483, 484)’’ and substitute ‘‘Subchapter II of chapter

5 and sections 541–555 of title 40’’.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1297

(19) In section 2831(b)(3), strike ‘‘section 204(b) of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

485(b))’’ and substitute ‘‘section 572(a) of title 40’’. (20) In section 2852(b)(1), strike ‘‘section 355 of the Revised

Statutes (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title

40’’.

(21) In section 2854a(d)(1)—

(A) strike ‘‘The’’ and substitute ‘‘Subtitle I of title 40

and title III of the’’; and

(B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

U.S.C. 251 et seq.)’’.

(22) In subsection 2855(a), strike ‘‘title IX of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

541 et seq.)’’ and substitute ‘‘chapter 11 of title 40’’.

(23) In section 2878(d)—

(A) in clause (2)—

(i) strike ‘‘The’’ and substitute ‘‘Subtitle I of title

40 and title III of the’’; and

(ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute

‘‘(41 U.S.C. 251 et seq.)’’; and

(B) strike clause (3) and substitute—

‘‘(3) Section 1302 of title 40.’’.

(24) In section 4681, strike ‘‘section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)’’

and substitute ‘‘section 121 of title 40’’.

(25) In section 4682, strike ‘‘section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)’’

and substitute ‘‘section 121 of title 40’’.

(26) In section 4684, strike ‘‘section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)’’

and substitute ‘‘section 121 of title 40’’.

(27) In section 4686, strike ‘‘section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)’’

and substitute ‘‘section 121 of title 40’’.

(28) In section 7305(d)—

(A) insert ‘‘subtitle I of title 40 and title III of’’ before

‘‘the Federal’’;

(B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

U.S.C. 251 et seq.)’’; and

(C) strike ‘‘that Act’’ and substitute ‘‘subtitle I of title

40 and title III’’.

(29) In section 7306(a), strike ‘‘subsections (c) and (d) of

section 602 of the Federal Property and Administrative Services

Act of 1949 (40 U.S.C. 474)’’ and substitute ‘‘section 113 of

title 40’’.

(30) In section 7422(c)(1), strike ‘‘the Act of February 26,

1931 (40 U.S.C. 258a–258e)’’ and substitute ‘‘sections 3114–

3116 and 3118 of title 40’’.

(31) In section 7541, strike ‘‘section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)’’

and substitute ‘‘section 121 of title 40’’.

(32) In section 7541a, strike ‘‘section 205 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

486)’’ and substitute ‘‘section 121 of title 40’’.

(33) In section 7542(a), strike ‘‘section 205 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

486)’’ and substitute ‘‘section 121 of title 40’’.

116 STAT. 1298 PUBLIC LAW 107–217—AUG. 21, 2002

(34) In section 7545(a), strike ‘‘section 205 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

486)’’ and substitute ‘‘section 121 of title 40’’.

(35) In section 9444(b)(1)—

(A) insert ‘‘subtitle I of title 40 and title III of’’ before

‘‘the Federal’’; and

(B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

U.S.C. 251 et seq.)’’.

(36) In section 9681, strike ‘‘section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)’’

and substitute ‘‘section 121 of title 40’’.

(37) In section 9682, strike ‘‘section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)’’

and substitute ‘‘section 121 of title 40’’.

(38) In section 9684, strike ‘‘section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)’’

and substitute ‘‘section 121 of title 40’’.

(39) In section 9686, strike ‘‘section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)’’

and substitute ‘‘section 121 of title 40’’.

(40) In section 9781—

(A) in subsection (b)(2)(D), strike ‘‘title II of the Federal

Property and Administrative Services Act of 1949 (40

U.S.C. 481 et seq.)’’ and substitute ‘‘chapter 5 of title 40’’;

(B) in subsection (d), strike ‘‘title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C.

481 et seq.)’’ and substitute ‘‘chapter 5 of title 40’’; and

(C) in subsection (g)—

(i) insert ‘‘subtitle I of title 40 and subtitle III of’’

before ‘‘the Federal’’; and

(ii) add at the end of the subsection ‘‘(41 U.S.C.

251 et seq.)’’.

(41) In section 12603(d), strike ‘‘section 201(a) of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

481(a))’’ and substitute ‘‘section 501 of title 40’’.

(42) In section 18239(b)(1), strike ‘‘section 355 of the Revised

Statutes (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title

40’’.

(c) TITLE 14.—Title 14, United States Code, is amended as follows:

(1) In section 92—

(A) insert ‘‘subtitle I of title 40 and title III of’’ before

‘‘the Federal’’; and

(B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

U.S.C. 251 et seq.)’’.

(2) In section 93(h)—

(A) insert ‘‘subtitle I of title 40 and title III of’’ before

‘‘the Federal’’; and

(B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

U.S.C. 251 et seq.)’’.

(3) In section 641—

(A) in subsection (a)—

(i) insert ‘‘subtitle I of title 40 and title III of’’ before

‘‘the Federal’’; and

(ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute

‘‘(41 U.S.C. 251 et seq.)’’; and

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1299

(B) in subsection (c)(2), strike ‘‘section 203 of the Federal

Property and Administrative Services Act of 1949 (40

U.S.C. 484)’’ and substitute ‘‘sections 541–555 of title 40’’. (4) In section 685(c)—

(A) in clause (1), strike—

(i) ‘‘The’’ and substitute ‘‘Subtitle I of title 40 and

title III of the’’; and

(ii) ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

U.S.C. 251 et seq.)’’; and

(B) strike clause (2) and substitute—

‘‘(2) Section 1302 of title 40.’’.

(d) TITLE 18.—Section 3668(c) of title 18, United States Code,

is amended by striking ‘‘sections 304f–304m of Title 40’’ and substituting ‘‘section 1306 of title 40’’. (e) TITLE 23.—Title 23, United States Code, is amended as follows:

(1) In section 112(b)(2)(A), strike ‘‘title IX of the Federal

Property and Administrative Services Act of 1949’’ and substitute ‘‘chapter 11 of title 40’’. (2) In section 113(a), strike ‘‘the Act of March 3, 1931, known

as the Davis-Bacon Act (40 U.S.C. 276a)’’ and substitute ‘‘sections 3141–3144, 3146, and 3147 of title 40’’. (f) THE INTERNAL REVENUE CODE OF 1986.—Section

7608(c)(1)(A)(i)(IV) of the Internal Revenue Code of 1986 (26 U.S.C.

7608(c)(1)(A)(i)(IV)) is amended by striking ‘‘section 34 of title 40,

United States Code’’ and substituting ‘‘section 8141 of title 40’’.

(g) TITLE 28.—Title 28, United States Code, is amended as follows:

(1) In section 604(g)(3)(B), strike ‘‘section 203 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

484)’’ and substitute ‘‘sections 541–555 of title 40’’.

(2) In section 612(f), strike ‘‘section 201 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481)’’

and substitute ‘‘sections 501–505 of title 40’’.

(3) In section 1499, strike ‘‘section 104 of the Contract Work

Hours and Safety Standards Act’’ and substitute ‘‘section 3703

of title 40’’. (h) TITLE 31.—Title 31, United States Code, is amended as follows:

(1) In section 781(a), strike ‘‘section 7 of the Public Buildings

Act of 1959, as amended (40 U.S.C. 606)’’ and substitute ‘‘section

3307 of title 40’’.

(2) In section 782, strike ‘‘(as defined in section 105 of the

Public Buildings Cooperative Use Act of 1976 (40 U.S.C. 612a))’’

and substitute ‘‘(as defined in section 3306(a) of title 40)’’.

(3) In section 1105(g)(2)(B)(ii), strike ‘‘section 901 of the

Brooks Architect-Engineers Act (40 U.S.C. 541)’’ and substitute

section ‘‘1102 of title 40’’.

(4) In section 3126—

(A) in subsection (a), strike ‘‘section 2 of the Government

Losses in Shipment Act (40 U.S.C. 722)’’ and substitute

‘‘section 17303(a) of title 40’’; and

(B) in subsection (b), strike ‘‘Section 3 of the Government

Losses in Shipment Act (40 U.S.C. 723) (related to finality

of decisions of the Secretary)’’ and substitute ‘‘Section

17304(c) of title 40’’.

(5) In section 3511(c)(1), strike ‘‘section 205(b) of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

486(b))’’ and substitute ‘‘section 121(b) of title 40’’.

116 STAT. 1300 PUBLIC LAW 107–217—AUG. 21, 2002

(6) In section 3551(3), strike ‘‘section 3 of the Federal Property

and Administrative Services Act of 1949 (40 U.S.C. 472)’’ and

substitute ‘‘section 102 of title 40’’.

(7) In section 3905(f)(1), strike ‘‘section 2 of the Act of August

24, 1935 (40 U.S.C. 270b)’’ and substitute ‘‘section 3133(b)

of title 40’’.

(8) In section 6703(d)(5)—

(A) strike ‘‘the Act of March 3, 1931 (commonly known

as the Davis-Bacon Act); as amended (40 U.S.C. 276a–

276a–5)’’ and substitute ‘‘sections 3141–3144, 3146, and

3147 of title 40’’; and

(B) strike ‘‘section 2 of the Act of June 1, 1934 (commonly

known as the Copeland Anti-Kickback Act), as amended

(40 U.S.C. 276c, 48 Stat. 948)’’ and substitute ‘‘section

3145 of title 40’’.

(9) In section 9303—

(A) in subsection (d), before clause (1)—

(i) strike ‘‘the Act of August 24, 1935 (known as

the Miller Act) (40 U.S.C. 270a–270d)’’ and substitute

‘‘sections 3131 and 3133 of title 40’’; and

(ii) strike ‘‘section 3 of the Act (40 U.S.C. 270c)’’

and substitute ‘‘section 3133(a) of title 40’’;

(B) in subsection (d)(1)—

(i) strike ‘‘the Act of August 24, 1935 (known as

the Miller Act) (40 U.S.C. 270a–270d)’’ and substitute

‘‘sections 3131 and 3133 of title 40’’; and

(ii) strike ‘‘section 2 of the Act (40 U.S.C. 270b)’’

and substitute ‘‘section 3133(b) of title 40’’; and

(C) in subsection (e)(2)(A), strike ‘‘the Act of August

24, 1935 (known as the Miller Act) (40 U.S.C. 270a–270d)’’

and substitute ‘‘sections 3131 and 3133 of title 40’’.

(i) TITLE 36.—Title 36, United States Code, is amended as follows:

(1) In section 2103(a)(1), strike ‘‘section 355 of the Revised

Statutes (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title

40’’.

(2) In section 220314(b), strike ‘‘section 451 of the Legislative

Reorganization Act of 1970 (40 U.S.C. 193m–1)’’ and substitute

‘‘section 5108 of title 40’’.

(j) TITLE 38.—Title 38, United States Code, is amended as follows:

(1) In section 115(1), strike ‘‘section 355 of the Revised Statutes (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.

(2) In section 310(b), strike ‘‘division E of the Clinger-Cohen

Act of 1996 (40 U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle

III of title 40’’.

(3) In section 8122(a)(1), strike ‘‘section 321 of the Act of

June 30, 1932 (40 U.S.C. 303b)’’ and substitute ‘‘section 1302

of title 40’’.

(4) In section 8135(a)(8), strike ‘‘the Act of March 3, 1931

(40 U.S.C. 276a—276a–5) (known as the Davis-Bacon Act)’’

and substitute ‘‘sections 3141–3144, 3146, and 3147 of title

40’’.

(5) In section 8162(a)—

(A) in paragraph (1), strike ‘‘section 321 of the Act of

June 30, 1932 (40 U.S.C. 303b), sections 202 and 203

of the Federal Property and Administrative Services Act

of 1949 (40 U.S.C. 483, 484)’’ and substitute ‘‘subchapter

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1301

II of chapter 5 of title 40, sections 541–555 and 1302

of title 40’’; and

(B) in paragraph (3), strike ‘‘the Act of March 3, 1931

(40 U.S.C. 276a et seq.)’’ and substitute ‘‘sections 3141–

3144, 3146, and 3147 of title 40’’.

(6) In section 8165(c), strike ‘‘section 204 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

485) or the Act of June 8, 1896 (40 U.S.C. 485a)’’ and substitute

‘‘subchapter IV of chapter 5 of title 40’’.

(7) In section 8201(e), strike ‘‘section 321 of the Act of June

30, 1932 (40 U.S.C. 303b)’’ and substitute ‘‘section 1302 of

title 40’’.

(k) TITLE 39.—Section 410(b)(4) of title 39, United States Code,

is amended to read as follows: ‘‘(4) the following provisions of title 40: ‘‘(A) sections 3114–3116, 3118, 3131, 3133, and 3141– 3147; and ‘‘(B) chapters 37 and 173;’’. (l) TITLE 44.—Title 44, United States Code, is amended as follows:

(1) In section 311(a), strike ‘‘the Federal Property and

Administrative Services Act, approved June 30, 1949, as

amended,’’ and substitute ‘‘subtitle I of title 40 and title III

of the Federal Property and Administrative Services Act of

1949 (41 U.S.C. 251 et seq.)’’.

(2) In section 2901(13), strike ‘‘section 3(a) of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

472(a))’’ and substitute ‘‘section 102 of title 40’’.

(3) In section 3501(8)(B), strike ‘‘the Computer Security Act

of 1987 (Public Law 100–235)’’ and substitute ‘‘section 11332

of title 40’’.

(4) In section 3502(9)—

(A) strike ‘‘section 5002 of the Clinger-Cohen Act of 1996

(40 U.S.C. 1401)’’ and substitute ‘‘section 11101 of title

40’’; and

(B) strike ‘‘section 5142 of that Act (40 U.S.C. 1452)’’ and substitute ‘‘section 11103 of title 40’’.

(5) In section 3504—

(A) in subsection (g)(2), strike ‘‘section 5131 of the

Clinger-Cohen Act of 1996 (40 U.S.C. 1441), and sections

5 and 6 of the Computer Security Act of 1987 (40 U.S.C.

759 note)’’ and substitute ‘‘sections 11331 and 11332(b)

and (c) of title 40’’;

(B) in subsection (g)(3), strike ‘‘section 5131 of the

Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and sections

5 and 6 of the Computer Security Act of 1987 (40 U.S.C.

759 note)’’ and substitute ‘‘sections 11331 and 11332(b)

and (c) of title 40’’;

(C) in subsection (h)(1)(B), strike ‘‘section 5131 of the

Clinger-Cohen Act of 1996 (40 U.S.C. 1441)’’ and substitute

‘‘section 11331 of title 40’’; and

(D) in subsection (h)(2)—

(i) strike ‘‘division E of the Clinger-Cohen Act of

1996 (40 U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle

III of title 40’’; and

(ii) strike ‘‘section 110 of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 757)’’

and substitute ‘‘section 322 of title 40’’.

116 STAT. 1302 PUBLIC LAW 107–217—AUG. 21, 2002

(6) In section 3506—

(A) in subsection (g)(2), strike ‘‘the Computer Security

Act of 1987 (40 U.S.C. 759 note)’’ and substitute ‘‘section

11332 of title 40’’; and

(B) in subsection (g)(3), strike ‘‘the Computer Security

Act of 1987 (40 U.S.C. 759 note)’’ and substitute ‘‘section

11332 of title 40’’.

(7) In section 3518(d), strike ‘‘section 5131 of the ClingerCohen Act of 1996 (40 U.S.C. 1441) and the Computer Security

Act of 1987 (40 U.S.C. 759 note)’’ and substitute ‘‘sections

11331 and 11332 of title 40’’.

(m) TITLE 46.—Title 46, United States Code, is amended as

follows:

(1) In section 2101(17), strike ‘‘section 13 of the Coast Guard

Authorization Act of 1986’’ and substitute ‘‘section 558 of title

40’’.

(2) In section 3305(c), strike ‘‘section 13 of the Coast Guard

Authorization Act of 1986’’ and substitute ‘‘section 558 of title

40’’.

(n) TITLE 49.—Title 49, United States Code, is amended as follows:

(1) In section 103(e)—

(A) insert ‘‘subtitle I of title 40 and title III of’’ before

‘‘the Federal Property’’; and

(B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

U.S.C. 251 et seq.)’’.

(2) In section 5325(b), strike ‘‘title IX of the Federal Property

and Administrative Services Act of 1949 (40 U.S.C. 541 et

seq.)’’ and substitute ‘‘chapter 11 of title 40’’.

(3) In section 5333(a)—

(A) strike ‘‘the Act of March 3, 1931 (known as the

Davis-Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute

‘‘sections 3141–3144, 3146, and 3147 of title 40’’; and

(B) strike ‘‘section 2 of the Act of June 13, 1934 (40

U.S.C. 276c)’’ and substitute ‘‘section 3145 of title 40’’.

(4) In section 24312—

(A) in subsection (a)—

(i) strike ‘‘the Act of March 3, 1931 (known as the

Davis-Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute ‘‘sections 3141–3144, 3146, and 3147 of title

40’’; and

(ii) strike ‘‘section 107 of the Contract Work Hours

and Safety Standards Act (40 U.S.C. 333)’’ and substitute ‘‘section 3704 of title 40’’; and

(B) in subsection (b), strike ‘‘the Act of March 3, 1931

(known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–

5)’’ and substitute ‘‘sections 3141–3144, 3146, and 3147

of title 40’’

(5) In section 40110(c)(2)—

(A) in subclause (C), strike ‘‘(as defined in section 13

of the Public Buildings Act of 1959 (40 U.S.C. 612))’’ and

substitute ‘‘(as defined in section 3301(a) of title 40)’’; and

(B) in subclause (F), strike ‘‘title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C.

481 et seq.)’’ and substitute ‘‘sections 121, 123, and 126

and chapter 5 of title 40’’.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1303

(6) In section 44305(a)(1), strike ‘‘sections 1 and 2 of the

Government Losses in Shipment Act (40 U.S.C. 721, 722)’’ and substitute ‘‘sections 17302 and 17303 of title 40’’. (7) In section 47107(a)(17), strike ‘‘title IX of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C.

541 et seq.)’’ and substitute ‘‘chapter 11 of title 40’’.

(8) In section 47112(b), strike ‘‘the Act of March 3, 1931

(known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)’’

and substitute ‘‘sections 3141–3144, 3146, and 3147 of title

40’’.

(9) In section 49111(d)(1), strike ‘‘section 5 of the Act of

June 6, 1924 (40 U.S.C. 71d),’’ and substitute ‘‘section 8722

of title 40’’.

(o) VETERANS’ BENEFITS PROGRAMS IMPROVEMENT ACT OF 1991.— Section 403(e) of the Veterans’ Benefits Programs Improvement

Act of 1991 (Pub. L. 102–86, 105 Stat. 424) is amended by striking ‘‘section 303b of title 40, sections 483 and 484 of title 40’’ and

substituting ‘‘subchapter II of chapter 5 of title 40, sections 541– 555 and 1302 of title 40’’.

SEC. 4. REPEAL OF TITLE V OF THE FEDERAL PROPERTY AND

ADMINISTRATIVE SERVICES ACT OF 1949.

Title V of the Federal Property and Administrative Services Act

of 1949 (ch. 288), as added by section 6(d) of the Act of September

5, 1950 (ch. 849, 64 Stat. 583), is repealed.

SEC. 5. LEGISLATIVE PURPOSE AND CONSTRUCTION.

(a) PURPOSE.—The purpose of this Act is to revise, codify, and

enact without substantive change the general and permanent laws

of the United States related to public buildings, property, and

works, in order to remove ambiguities, contradictions, and other

imperfections and to repeal obsolete, superfluous, and superseded

provisions.

(b) NO SUBSTANTIVE CHANGE.—

(1) IN GENERAL.—This Act makes no substantive change in

existing law and may not be construed as making a substantive

change in existing law.

(2) DEEMED DATE OF ENACTMENT FOR CERTAIN PURPOSES.—

For purposes of determining whether one provision of law

supersedes another based on enactment later in time, and

otherwise to ensure that this Act makes no substantive change

in existing law, the date of enactment of a provision restated

in section 1 or 2 of this Act is deemed to remain unchanged,

continuing to be the date of enactment of the underlying provision of public law that is being restated.

(3) INCONSISTENT LAWS ENACTED AFTER MARCH 31, 2002.—

This Act restates certain laws enacted before April 1, 2002.

Any law enacted after March 31, 2002, that is inconsistent

with this Act, including any law purporting to amend or repeal

a provision that is repealed by this Act, supersedes this Act

to the extent of the inconsistency.

(c) REFERENCES.—A reference to a law replaced by section 1

or 2 of this Act, including a reference in a regulation, order, or

other law, is deemed to refer to the corresponding provision enacted

by this Act.

(d) CONTINUING EFFECT.—An order, rule, or regulation in effect

under a law replaced by section 1 or 2 of this Act continues in

40 USC note

prec. 101.

44 USC note

prec. 101.

38 USC 2400

note.

116 STAT. 1304 PUBLIC LAW 107–217—AUG. 21, 2002

effect under the corresponding provision enacted by this Act until

repealed, amended, or superseded.

(e) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An action taken

or an offense committed under a law replaced by section 1 or

2 of this Act is deemed to have been taken or committed under

the corresponding provision enacted by this Act.

(f) INFERENCES.—An inference of a legislative construction is not

to be drawn by reason of the location in the United States Code

of a provision enacted by this Act or by reason of a caption or

catch line of the provision.

(g) SEVERABILITY.—If a provision enacted by this Act is held

invalid, all valid provisions that are severable from the invalid

provision remain in effect. If a provision enacted by this Act is

held invalid in any of its applications, the provision remains valid

for all valid applications that are severable from any of the invalid

applications.

SEC. 6. REPEALS.

(a) INFERENCES OF REPEAL.—The repeal of a law by this Act

may not be construed as a legislative inference that the provision

was or was not in effect before its repeal.

(b) REPEALER SCHEDULE.—The laws specified in the following

schedule are repealed, except for rights and duties that matured,

penalties that were incurred, and proceedings that were begun

before the date of enactment of this Act:

Schedule of Laws Repealed

Statutes at Large

Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

1822

May 7 96 ............. 3 ....................................................... 3 692 ............. 307

1874

Feb. 4 22 ............. .......................................................... 18 14 ............... 28

Mar. 7 50 ............. (proviso) ........................................... 18 20 ............... 29

1876

July 31 246 ........... (proviso (related to report) in 1st

par. on p. 115).

19 115 ............. 27

1877

Mar. 3 105 ........... (proviso (related to report) in 16th

par. on p. 359).

19 359 ............. 27

106 ........... (words after 2d semicolon in 3d

par. under heading ‘‘Miscellaneous’’).

19 370 ............. 34

1878

June 20 359 ........... (proviso in 2d par. under heading ‘‘Building and Grounds in and

Around Washington and the Executive Mansion’’).

20 220 ............. 103

1879

Mar. 3 182 ........... 1 (words after semicolon in 5th

par. on p. 388).

20 388 ............. 30

July 1 62 ............. .......................................................... 21 47 ............... 307

1882

Aug. 5 389 ........... 1 (2d sentence in 8th par. on p.

241).

22 241 ............. 35

40 USC note

prec. 101.

40 USC note

prec. 101.

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1305

Schedule of Laws Repealed—Continued

Statutes at Large

Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

1883

Jan. 16 27 ............. 4 ....................................................... 22 405 ............. 42

1888

Aug. 1 728 ........... .......................................................... 25 357 ............. 257, 258

1890

Aug. 30 837 ........... 3 ....................................................... 26 412 ............. 120

1892

July 29 320 ........... 15 ..................................................... 27 325 ............. 101

Aug. 1 352 ........... 3 ....................................................... 27 340 ............. 323

1893

Mar. 3 211 ........... 3 ....................................................... 27 715 ............. 286

1895

Mar. 2 189 ........... (words after last comma in 1st

par. on p. 959).

28 959 ............. 190a

1896

June 8 373 ........... .......................................................... 29 268 ............. 485a

1898

July 1 543 ........... 5 ....................................................... 30 570 ............. 79

546 ........... 1 (6th complete par. on p. 614) ...... 30 614 ............. 285

July 7 571 ........... (last par. under catchline ‘‘Capitol

and Grounds’’).

30 672 ............. 164

1899

Mar. 3 458 ........... 2 (2d par.) ........................................ 30 1378 ........... 89

1900

Apr. 17 192 ........... (words between 1st and 2d semicolons (related to absence, disability, or vacancy) under catchline ‘‘Office of the Architect of

the Capitol’’).

31 125 ............. 164

1901

Mar. 3 830 ........... 1 (words between 1st and 2d semicolons (related to absence, disability, or vacancy) under catchline ‘‘Office of the Architect of

the Capitol’’).

31 1000 ........... 164

1902

Apr. 28 594 ........... 1 (6th, last pars. on p. 152) ........... 32 152 ............. 19, 31

1903

Feb. 25 755 ........... 1 (7th par. on p. 865) ...................... 32 865 ............. 484–1

Mar. 3 1007 ......... 1 (4th complete par. on p. 1112) .... 32 1112 ........... 304

1905

Mar. 3 1483 ......... 1 (words before ‘‘namely’’ in last

sentence of 9th par. on p. 1161).

33 1161 ........... 279

1908

May 27 200 ........... 1 (7th complete par. on p. 327, 1st

complete par. on p. 356, proviso

on p. 358).

35 327, 356,

358.

43 note, 64,

283

May 30 228 ........... 34 ..................................................... 35 545 ............. 261

1909

Feb. 9 101 ........... (3d par. under heading ‘‘War Department’’).35 615 ............. 43 note

Mar. 4 299 ........... 1 (proviso in 2d par. on p. 997) ..... 35 997 ............. 43

1910

May 17 243 ........... .......................................................... 36 371 ............. 104, 106

116 STAT. 1306 PUBLIC LAW 107–217—AUG. 21, 2002

Schedule of Laws Repealed—Continued

Statutes at Large

Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

June 25 384 ........... 1 (8th complete par. on p. 728

(less appropriations)).

36 728 ............. 105

1912

Aug. 23 350 ........... 1 (2d complete par. on p. 375) ....... 37 375 ............. 251

Aug. 24 355 ........... 1 (last proviso in last par. on p.

432, 10th par. on p. 444).

37 432, 444 ..... 68, 280

Aug. 26 408 ........... 1 (last par. on p. 605) ..................... 37 605 ............. 174

1913

Mar. 3 106 ........... 1 ‘‘Sec. 3’’, 4 ..................................... 37 727 ............. 323

Mar. 4 142 ........... 1 (words after 4th comma in last

par. on p. 771).

37 771 ............. 38.

June 23 3 ............... 1 (proviso on p. 17, last proviso in

2d complete par. on p. 22, 1st,

3d pars. under heading ‘‘Central

Heating and Power Plant’’).

38 17, 22, 25 ... 22, 253, 281

1914

Aug. 1 223 ........... 1 (last par. on p. 633) ..................... 38 633 ............. 82

1916

May 10 117 ........... 1 (last par. under catchline ‘‘Contingent Expenses’’, last par. less

proviso under catchline ‘‘Rent’’).

39 109, 118 ..... 39, 40

1917

June 12 27 ............. 1 (words before 10th comma in 4th

par. on p. 112, last par. on p.

133).

40 112, 133 ..... 22, 91

1918

July 9 143 ........... (last par. on p. 850) ........................ 40 850 ............. 314

Aug. 31 164 ........... 1 (6th par., words before ‘‘and over’’ in last par. under heading ‘‘Washington Aqueduct.’’).40 951 ............. 100

1919

Feb. 25 39 ............. 3 ....................................................... 40 1173 ........... 314

Aug. 25 52 ............. .......................................................... 41 281 ............. 271

1920

Feb. 28 91 ............. 213 ................................................... ........ .................... 316

Mar. 6 94 ............. (proviso in last par. under heading ‘‘Public Buildings’’).41 507 ............. 272

May 29 214 ........... 1 (1st complete par. on p. 642,

words in par. under heading

‘‘Independent Treasury’’).

41 642, 654 ..... 42, 285

June 5 235 ........... (2d complete par. on p. 913) .......... 41 913 ............. 113

253 ........... 1 (1st par. under heading ‘‘Legislative’’).41 1035 ........... 186

1921

Mar. 3 123 ........... .......................................................... 41 1251 ........... 307

1922

Feb. 17 55 ............. (last proviso in 2d par. and 3d par.

under heading ‘‘General Supply

Committee’’, last proviso in 1st

complete par. on p. 387, 1st proviso on p. 388).

42 369, 387,

388.

25, 284,

312, 313

Mar. 20 103 ........... (last par. (related to inspection) on

p. 430).

42 430 ............. 26

1923

Jan. 3 22 ............. (last proviso in 2d par. and 3d par.

under heading ‘‘General Supply

Committee’’, last proviso in 2d

par. on p. 1108, 1st proviso on p.

1109).

42 1090, 1108,

1109.

25, 284,

312, 313

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1307

Schedule of Laws Repealed—Continued

Statutes at Large

Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

Jan. 24 42 ............. (proviso in 1st complete par. on p.

1211).

42 1211 ........... 115

Feb. 20 98 ............. (par. (related to inspection) under

catchline ‘‘Capitol Power Plant’’).

42 1273 ........... 26

1924

Apr. 4 84 ............. (proviso in 1st par. and 1st complete par. on. p. 67, last proviso

in 2d par. under heading ‘‘Public

Buildings, Operating Expenses’’,

1st proviso on p. 83).

43 67, 82, 83 ... 25, 284,

312, 313

June 5 264 ........... (proviso in 2d complete par. on p.

422).

43 422 ............. 115

June 6 270 ........... 1–4(a), (d), (e), 5, 7–13 ................... 43 463 ............. 71–71d,

71f–72,

73, 74

June 7 303 ........... 1(words between 1st and 2d semicolons (related to inspection) in

9th par. under heading ‘‘Capitol

Buildings and Grounds’’).

43 587 ............. 26

1925

Jan. 22 87 ............. (last proviso in 2d par. and 3d par.

under heading ‘‘General Supply

Committee’’, last proviso in complete par. and 1st proviso in last

par. on p. 781)).

43 766, 781 ..... 25, 284,

312, 313

Feb. 26 339 ........... .......................................................... 43 983 ............. 2–6

Mar. 3 462 ........... (proviso in 1st par. on p. 1176) ...... 43 1176 ........... 115

Mar. 4 549 ........... 1 (words between 1st and 2d semicolons (related to inspection) in

1st par. on p. 1296).

43 1296 ........... 26

556 ........... 1 (1st par. under heading ‘‘Public

Buildings and Grounds’’).

43 1323 ........... 91

1926

Mar. 2 43 ............. 1 (proviso in 1st par. and 1st complete par. on p. 139, last proviso

in 2d par. under heading ‘‘Public

Buildings, Operating Expenses’’, 1st proviso on p. 154).

44 139, 153,

154.

25, 284,

312, 313

Mar. 3 44 ............. 1 (last par. under heading ‘‘Department of the Interior, Contingent Expenses’’).44 173 ............. 117

Apr. 29 195 ........... (proviso in 3d complete par. on p.

368).

44 368 ............. 115

Apr. 30 198 ........... .......................................................... 44 374 ............. 71

May 13 294 ........... 1 (words between 1st and 2d semicolons (related to inspection) in

1st par. and 4th complete par.

on p. 547).

44 547 ............. 26, 222

May 25 380 ........... 3, 5 (related to ‘‘amendment’’ by

Act of Feb. 16, 1931 (ch. 203, 46

Stat. 1164)), 8.

44 632, 633,

635.

343, 345a

1927

Jan. 26 58 ............. 1 (last proviso in 1st par. and 1st

complete par. on p. 1030, last

proviso in 2d par. under heading

‘‘Public Buildings, Operating Expenses’’, 1st proviso on p. 1045).

44 1030, 1044,

1045.

25, 284,

312, 313

Feb. 23 168 ........... 1 (words between 1st and 2d semicolons (related to inspection) in

5th par. on p. 1156).

44 1156 ........... 26

Feb. 24 189 ........... (provisos in 3d par. on p. 1219) ..... 44 1219 ........... 115, 115a

1928

Feb. 15 57 ............. (provisos in 3d complete par. on p.

103).

45 103 ............. 115, 115a

116 STAT. 1308 PUBLIC LAW 107–217—AUG. 21, 2002

Schedule of Laws Repealed—Continued

Statutes at Large

Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

Mar. 5 126 ........... 1 (last proviso in 1st par. and 1st

complete par. on p. 165, last

proviso in 2d par. under heading

‘‘Public Buildings, Operating Expenses’’, provisos and last sentence in 1st par. on p. 186).

45 165, 185,

186.

25, 112a,

284, 312,

313

May 14 551 ........... 1 (words between 1st and 2d semicolons (related to inspection) in

last par. on p. 526).

45 526 ............. 26

May 24 726 ........... .......................................................... 45 726 ............. 71

May 29 901 ........... 1(8), (85) .......................................... 45 986, 992 ..... 174, 314

Dec. 20 39 ............. 1 (1st par. on p. 1031, 2d proviso

and provisos in 1st complete

par. on p. 1048).

45 1031, 1048 25, 30a,

284, 313

Dec. 22 48 ............. .......................................................... 45 1070 ........... 72a, 72b

1929

Jan. 25 102 ........... (provisos in 4th par. on p. 1133) ... 45 1133 ........... 115, 155a

Feb. 28 367 ........... 1 (words between 1st and 2d semicolons (related to inspection) in

8th par. on p. 1396).

45 1396 ........... 26

Mar. 1 423 ........... .......................................................... 45 1425 ........... 271

June 20 33 ............. 6 (words after 1st comma) ............. 46 39 ............... 161a

1930

Apr. 18 184 ........... (provisos in 2d complete par. on p.

212).

46 212 ............. 115, 115a

May 15 289 ........... 1 (5th par. under heading ‘‘Division of Supply’’, 1st proviso and

provisos in 1st complete par. on

p. 358).

46 337, 358 ..... 25, 30a,

284, 313

May 16 291 ........... .......................................................... 46 366 ............. 121, 121

note

June 6 407 ........... 1 (words between 5th and 6th

semicolons (related to inspection) in 1st par. under heading

‘‘Capitol Buildings and

Grounds’’, 1st complete par. on

p. 514 (related to care and operation of Senate Office Building)).

46 513, 514 ..... 26, 174a

June 28 710 ........... .......................................................... 46 828 ............. 255

1931

Feb. 16 203 ........... 1 ....................................................... 46 1164 ........... 345a

Feb. 20 234 ........... 1 (words between 5th and 6th

semicolons (related to inspection) in 1st par. under heading

‘‘Capitol Buildings and

Grounds’’, 1st complete par. on

p. 1184 (related to care and operation of Senate Office Building)).

46 1183, 1184 26, 174a

Feb. 23 277 ........... 1 (3d par. on p. 1219, last proviso

in complete par. and proviso in

last par. on p. 1234, proviso in

1st par. on p. 1235).

46 1219, 1234,

1235.

25, 30a,

284, 313

280 ........... 1 (provisos in 3d par. on p. 1349) .. 46 1349 ........... 115, 115a

Feb. 26 307 ........... .......................................................... 46 1421 ........... 258a—

258e–1

Mar. 3 411 ........... .......................................................... 46 1494 ........... 276a— 276a–6

1932

May 20 197 ........... .......................................................... 47 161 ............. 122, 123

May 21 200 ........... .......................................................... 47 163 ............. 124–126

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1309

Schedule of Laws Repealed—Continued

Statutes at Large

Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

June 30 314 ........... 1 (words between 5th and 6th

semicolons (related to inspection) in 1st par. under heading

‘‘Capitol Buildings and

Grounds’’, 1st par. on p. 392 (related to care and operation of

Senate Office Building)), 320,

321.

47 391, 392,

412.

26, 174a,

267a,

303b

July 1 361 ........... 1 (2d, last provisos in 1st par. on

p. 517).

47 517 ............. 115, 115a

July 5 430 ........... 1 (1st complete par. on p. 582, last

proviso in 1st complete par. and

provisos in last par. on p. 596).

47 582, 596 ..... 25, 30a,

284, 313

1933

Feb. 11 48 ............. 1 ....................................................... 47 799 ............. 124, 125

Feb. 28 134 ........... 1 (words between 5th and 6th

semicolons (related to inspection) in 1st par. under heading

‘‘Capitol Buildings and

Grounds’’, last par. on p. 1360

(related to care and operation of

Senate Office Building)).

47 1360 ........... 26, 174a

Mar. 1 144 ........... 1 (provisos in 4th par. on p. 1406) 47 1406 ........... 115, 115a

Mar. 3 212 ........... (2d par. under heading ‘‘General

Supply Committee’’, last proviso

in complete par. and last proviso

on p. 1505, proviso in 1st par.

on p. 1506).

47 1491, 1505,

1506.

25, 30a,

284, 313

June 16 90 ............. 202–210, 220, 303, 304 ................... 48 201, 210,

211.

402–411,

413, 414

101 ........... 7 ....................................................... 48 305 ............. 315

1934

Jan. 24 4 ............... 34 ..................................................... 48 336 ............. 191

Feb. 15 13 ............. 1 (words before 1st proviso (related to continuation of CivilWorks program)).48 351 ............. 411a

Mar. 15 70 ............. 1 (1st complete par. on p. 438, last

proviso in 2d par. under heading

‘‘Public Buildings, Operating Expenses’’, provisos in 1st par. on

p. 442, last proviso in 4th par.

under heading ‘‘Public Buildings, Maintenance and Operation’’).

48 438, 441,

442, 449.

25, 30a,

284, 313

May 7 222 ........... 1–3 ................................................... 48 668 ............. 13a–13c

May 30 372 ........... 1 (words between 5th and 6th

semicolons (related to inspection) in 1st par. and 5th complete par. on p. 827 (related to

care and operation of Senate Office Building)).

48 827 ............. 26, 174a

June 13 482 ........... 2 ....................................................... 48 948 ............. 276c

June 19 648 ........... (last par. on p. 1044) ...................... 48 1044 ........... 22a

1935

May 14 110 ........... 1 (last proviso in 3d par. on p.

233, last proviso and last par.

on p. 234).

49 233, 234 ..... 284, 313,

313a

June 27 320 ........... .......................................................... 49 425 ............. 22b, 22b

note, 22c

July 8 374 ........... (3d complete par. on p. 470 (related to care and operation of

Senate Office Building)).

49 470 ............. 174a

Aug. 24 642 ........... .......................................................... 49 793 ............. 270, 270a,

270a

notes,

270b— 270d–1

116 STAT. 1310 PUBLIC LAW 107–217—AUG. 21, 2002

Schedule of Laws Repealed—Continued

Statutes at Large

Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

Aug. 26 684 ........... .......................................................... 49 800 ............. 345b, 345c

Aug. 27 740 ........... 301–308 ........................................... 49 879 ............. 304f–304m

744 ........... .......................................................... 49 885 ............. 304a–304e

Aug. 30 825 ........... .......................................................... 49 1011 ........... 276a—

276a–6

1936

June 23 725 ........... 1 (last proviso in 2d complete par.

on p. 1843, last proviso and last

par. on p. 1844).

49 1843, 1844 284, 313,

313a

June 25 822 ........... .......................................................... 49 1938 ........... 290

June 29 860 ........... .......................................................... 49 2025 ........... 421–425

1937

May 14 180 ........... 1 (last proviso in 2d complete par.

on p. 153, last proviso and last

par. on p. 154, last proviso in

1st par. on p. 163).

50 153, 154,

163.

284, 313,

313a

May 18 223 ........... (last par. on p. 179 (related to care

and operation of Senate Office

Building)).

50 179 ............. 174a

July 8 444 ........... 1–7, 10, 11 ....................................... 50 479, 484 ..... 721, 721

notes,

722–729

1938

Mar. 28 55 ............. 1 (last proviso on p. 137, last proviso and 1st complete par. on p.

139, last proviso in 1st complete

par. on p. 147).

52 137, 139,

147.

284, 313,

313a

May 17 236 ........... (1st par. under catchline ‘‘Senate

Office Building’’ (related to care

and operation of Senate Office

Building)).

52 391 ............. 174a

June 15 400 ........... .......................................................... 52 693 ............. 311b

June 20 534 ........... 16 ..................................................... 52 802 ............. None

1939

May 6 115 ........... 1 (last proviso in 2d complete par.

on p. 672, 4th and last provisos

and 1st complete par. on p. 674,

last proviso in 1st complete par.

on p. 682).

53 672, 674,

682.

109a, 284,

313, 313a

June 3 176 ........... .......................................................... 53 808 ............. 311b

July 15 281 ........... (3d par. under heading ‘‘Department of Vehicles and Traffic’’).53 1033 ........... 60a

July 31 400 ........... .......................................................... 53 1144 ........... 121

Aug. 5 449 ........... .......................................................... 53 1211 ........... 72c, 72c

note, 72d,

72d note,

72e, 72e

note, 74a,

74a note,

74b, 74c

Aug. 10 665 ........... 1–3 ................................................... 53 1358 ........... 723–725,

729

1940

Feb. 1 18 ............. .......................................................... 54 19 ............... 255

Mar. 25 71 ............. (6th and last provisos on p. 69, 1st

par. on p. 70, last proviso in 2d

complete par. on p. 77).

54 69, 70, 77 ... 109a, 284,

313, 313a

June 12 333 ........... (3d par. under heading ‘‘Department of Vehicles and Traffic’’).54 334 ............. 60a

June 15 373 ........... .......................................................... 54 399 ............. 276a, 276a

note

June 18 396 ........... (last par. under heading ‘‘Office of

the Architect of the Capitol’’).

54 472 ............. 166a

July 18 634 ........... .......................................................... 54 764 ............. 109, 109a

635 ........... .......................................................... 54 764 ............. 304a–304d

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1311

Schedule of Laws Repealed—Continued

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Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

Aug. 13 666 ........... .......................................................... 54 788 ............. 316

Sept. 9 717 ........... (3d proviso under heading ‘‘Military Posts’’).54 873 ............. 269a

Oct. 8 756 ........... (1st proviso on p. 968) .................... 54 968 ............. 269a

Oct. 9 793 ........... .......................................................... 54 1083 ........... 255

Oct. 22 908 ........... 6 ....................................................... 54 1208 ........... 13e

1941

Mar. 23 26 ............. (last proviso in 5th complete par.

on p. 53).

55 53 ............... 276a–7

Apr. 29 81 ............. .......................................................... 55 147 ............. 270e, 270f

May 31 156 ........... 1 (6th and last provisos on p. 226,

2d par. under heading ‘‘Procurement Division’’, last proviso in

1st complete par. on p. 234).

55 226, 234 ..... 109a, 284,

313, 313a

June 30 262 ........... (2d proviso under heading ‘‘Military Posts’’).55 375 ............. 269a

July 1 268 ........... (last par. under heading ‘‘Office of

the Architect of the Capitol’’).

55 457 ............. 166a

271 ........... (1st par. on p. 529) ......................... 55 529 ............. 60a

Aug. 21 395 ........... (last proviso in 14th par. on p.

664).

55 664 ............. 276a–7

Dec. 10 563 ........... .......................................................... 55 796 ............. 291

1942

Feb. 21 108 ........... (words after last comma in 1st

par. on p. 109).

56 109 ............. 313

Mar. 10 178 ........... (5th and 6th provisos and 1st complete par. on p. 161, 2d proviso

on p. 169).

56 161, 169 ..... 109a, 284,

313, 313a

Apr. 28 249 ........... .......................................................... 56 247 ............. 278b

June 8 396 ........... (last par. under heading ‘‘Office of

the Architect of the Capitol’’).

56 341 ............. 166a

June 27 450 ........... (1st proviso in 2d complete par.

and last par. on p. 407).

56 407 ............. 277a, 284

452 ........... (1st complete par. on p. 451) ......... 56 451 ............. 60a

Oct. 21 618 ........... .......................................................... 56 797 ............. 258f

1943

June 26 145 ........... 101 (proviso in par. under heading ‘‘Office of the Administrator’’, last proviso on p. 177, 1st and

2d complete pars. on p. 178).

57 176, 177,

178.

7a, 265a,

277a, 284

June 28 173 ........... (1st complete par. on p. 232) ......... 57 232 ............. 166a

June 30 179 ........... (5th and 6th provisos and 1st complete par. on p. 262), 201 (last

proviso).

57 262, 269 ..... 109a, 284,

313, 313a

July 1 184 ........... (3d par. under heading ‘‘Department of Vehicles and Traffic’’).57 338 ............. 60a

1944

Apr. 1 152 ........... (words before proviso in last par.

under heading ‘‘Treasury Department’’).

58 162 ............. 756 note

Apr. 22 175 ........... (7th proviso and 1st complete par.

on p. 206, last proviso in 1st

complete par. on p. 214).

58 206, 214 ..... 284, 313,

313a

June 26 277 ........... 101 (last par. under heading ‘‘Office of the Architect of the Capitol’’).58 346 ............. 166a

June 27 286 ........... 101 (1st proviso on p. 367, 1st proviso in 2d complete par. and last

par. on p. 368, 1st complete par.

on p. 369).

58 367, 368,

369.

7a, 265a,

277a,284

June 28 300 ........... (last proviso on p. 526) ................... 58 526 ............. 60a

116 STAT. 1312 PUBLIC LAW 107–217—AUG. 21, 2002

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Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

1945

Apr. 24 92 ............. (2d proviso and 1st complete par.

on p. 67, last proviso in 3d par.

under heading ‘‘Public Buildings, Maintenance and Operation’’).

59 67, 74 ......... 284, 313,

313a

May 3 106 ........... 101 (proviso in 1st par. under

heading ‘‘Office of the Administrator’’, proviso in 1st and 2d

complete pars., last complete

par., and last par. on p. 114, 1st

and 2d complete pars. on p. 115).

59 112, 114 ..... 7a, 265a,

277a, 284,

292, 293

June 13 189 ........... 101 (2d par. under heading ‘‘Office

of the Architect of the Capitol’’).

59 251 ............. 166a

June 30 209 ........... (4th proviso in 1st complete par.

on p. 289).

59 289 ............. 60a

1946

Mar. 28 113 ........... 101 (proviso in 1st par. under

heading ‘‘Office of the Administrator’’, proviso in 1st and 2d

pars. and 3d–last pars. on p. 67).

60 65, 67 ......... 7a, 265a,

277a, 284,

292

June 14 404 ........... 1–4, 7–9 ........................................... 60 257, 258 ..... 128, 295,

296, 304b,

304c, 341

note

July 1 530 ........... 101 (2d par. under heading ‘‘Office

of the Architect of the Capitol’’).

60 400 ............. 166a

July 9 544 ........... (4th proviso in 1st complete par.

on p. 518).

60 518 ............. 60a

July 20 588 ........... 101 (5th proviso and 1st complete

par. on p. 579, last proviso in 3d

par. under heading ‘‘Public

Buildings, Maintenance and Operation’’).

60 579, 585 ..... 284, 313,

313a

589 ........... 302 ................................................... 60 595 ............. 33a

July 31 707 ........... 1–8, 10–13, 15, 16(a) ...................... 60 718, 719,

720.

193a–193h,

193h

note,

193i– 193m,

194–205,

213

Aug. 7 770 ........... (55) ................................................... 60 870 ............. 314

1947

July 1 186 ........... (last proviso and 1st complete par.

on p. 224, last proviso in 1st

complete par. on p. 233).

61 224, 233 ..... 284, 313,

313a

July 17 262 ........... 101 (2d par. under heading ‘‘Office

of the Architect of the Capitol’’).

61 369 ............. 166a

July 25 324 ........... (4th proviso in 1st par. on p. 443) 61 443 ............. 60a

327 ........... 2(a) (5th par.) .................................. 61 451 ............. 101 note

July 30 358 ........... 302 ................................................... 61 583 ............. 33a

359 ........... 101 (proviso in last complete par.

and last par. on p. 593, 1st and

2d complete pars. on p. 594).

61 593, 594 ..... 277a, 284,

292

Aug. 5 493 ........... 2 (1st sentence) ............................... 61 774 ............. 303

1948

Apr. 20 219 ........... 101 (proviso in 1st and 2d complete pars., last complete par.,

and last par. on p. 183).

62 183 ............. 277a, 284,

292

May 14 290 ........... .......................................................... 62 235 ............. 129a–130a

June 1 359 ........... .......................................................... 62 281 ............. 318–318d

June 14 466 ........... (5th proviso and 1st complete par.

on p. 415, 3d complete par. on p.

416, last proviso on p. 421).

62 415, 416,

421.

284, 313,

313a, 756

note

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1313

Schedule of Laws Repealed—Continued

Statutes at Large

Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

467 ........... 101 (last par. under heading ‘‘Office of the Architect of the Capitol’’).62 430 ............. 166a

June 19 555 ........... (4th proviso in 1st complete par.

on p. 553).

62 553 ............. 60a

June 25 646 ........... 6, 27 ................................................. 62 986, 990 ..... 13c, 257

June 30 773 ........... 302 ................................................... 62 1194 ........... 33a

1949

May 24 139 ........... 134 ................................................... 63 108 ............. 276c

June 16 218 ........... 404, 405, 410–413 ........................... 63 199, 200 ..... 298a, 298a

note,

298b,

298d, 356,

356a

June 22 235 ........... 101 (1st complete par. on p. 224) .. 63 224 ............. 166a

June 29 279 ........... (1st proviso on p. 319) .................... 63 319 ............. 60a

June 30 286 ........... (last proviso in 1st par. under

heading ‘‘Bureau of Federal

Supply’’, 2d–last sentences in

1st complete par. on p. 364, par.

under heading ‘‘General Supply

Fund’’).

63 363, 364 ..... 313–1,

314a, 756

note

288 ........... 1–3, 101–103, 106, 107, 109(a)–(c),

(e)–(g), 110, 112, 201, 202(a)–(e),

(g), (h), 203–212, 401–404, 601,

602(a), (c)–(e), 603, 605, 606,

801–806, 901–905.

63 377, 381,

382, 383,

385, 397,

399, 401,

403.

471, 471

notes,

472–476,

481, 483,

484, 485,

486–490,

491, 492,

511–514,

531, 531

note, 532–

535, 541,

541 note,

542–544,

751–755,

756, 757,

758, 760

Aug. 18 479 ........... .......................................................... 63 616 ............. 13f–13p

Aug. 24 506 ........... 101 (provisos and 3d and 4th complete pars. on p. 640), 307.63 640, 662 ..... 33a, 277a,

284, 292

Oct. 13 685 ........... 1–5, 7, 8 ........................................... 63 841, 842 ..... 451–455,

457, 458

Oct. 26 737 ........... .......................................................... 63 920 ............. 482

1950

July 18 467 ........... (3d proviso on p. 364) ..................... 64 364 ............. 60a

Sept. 5 849 ........... 1–5, 6(a) (related to §§ 601, 602(a)

and (c)–(e), 603, and 605), (b)

(related to §§ 601, 602(a) and

(c)–(e), 603, and 605), (c), 7(a)–

(d), (e)(‘‘Sec. 602(c)’’), (f), (g),

8(a), (b), (c) (related to § 602(e)),

9, 10(b), 11.

64 578, 583,

590, 591.

471 note,

472, 472

note, 473,

474, 475,

481, 484,

486, 490,

491, 492,

752, 756,

756 note,

758

Sept. 6 896 ........... (last par. under heading ‘‘Office of

the Architect of the Capitol’’, 1st

complete par. on p. 706, 1st par.

and 2d–last sentences in last

par. on p. 708, ‘‘Sec. 1207’’).

64 602, 706,

708, 764.

33a, 166a,

278c,

313–1,

756 note

Sept. 27 1052 ......... (par. under heading ‘‘General Supply Fund’’).64 1056 ........... 756 note

1951

Aug. 3 292 ........... (3d proviso in 1st par. on p. 167) .. 65 167 ............. 60a

Aug. 31 376 ........... (1st proviso on p. 275) .................... 65 275 ............. 313–2

116 STAT. 1314 PUBLIC LAW 107–217—AUG. 21, 2002

Schedule of Laws Repealed—Continued

Statutes at Large

Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

Oct. 11 485 ........... (last par. under heading ‘‘Office of

the Architect of the Capitol’’).

65 396 ............. 166a

Oct. 24 559 ........... 1–9, 11 ............................................. 65 634 ............. 193n–193v,

193x

Oct. 31 654 ........... 1(73)–(97), 2(1), (20), (24), 4(8) ...... 65 704, 706,

707, 709.

5a, 7, 8–13,

14, 15–18,

20, 21,

27a, 44,

110–112,

114, 116,

117, 119,

266, 269,

273, 287,

294, 302,

303a, 304,

311b, 312,

484–1,

485a

Nov. 1 664 ........... 1307 ................................................. 65 756 ............. 33a

1952

July 5 576 ........... (3d proviso in 1st complete par. on

p. 385, proviso on p. 400).

66 385, 400 ..... 60a, 313–2

July 9 598 ........... (last par. under heading ‘‘Office of

the Architect of the Capitol’’).

66 472 ............. 166a

July 10 630 ........... 633 ................................................... 66 537 ............. 483a

July 12 703 ........... 1(a)–(l) ............................................. 66 593 ............. 472, 483,

484, 487,

490, 756,

41:259

July 15 758 ........... 1407 ................................................. 66 660 ............. 33a

July 19 949 ........... 1 ‘‘Sec. 1–4(a), (d), (e), 5, 7–10’’, 2 66 781, 787,

789.

71, 71 note,

71a–71d,

71f–72,

73, 74

1953

July 31 299 ........... (4th proviso in 1st complete par.

on p. 290, last proviso on p. 304).

67 290, 304 ..... 60a, 313–2

Aug. 1 304 ........... (last par. under heading ‘‘Office of

the Architect of the Capitol’’).

67 327 ............. 166a

305 ........... 630 ................................................... 67 355 ............. 483a

Aug. 7 340 ........... 1307, 1316 ....................................... 67 436, 439 ..... 33a, 483b

Aug. 8 399 ........... .......................................................... 67 521 ............. 484

1954

June 24 359 ........... (last proviso on p. 282) ................... 68 282 ............. 313–2

June 30 432 ........... 723 ................................................... 68 355 ............. 483a

July 1 449 ........... (last proviso on p. 386) ................... 68 386 ............. 60a

July 2 455 ........... (last par. under heading ‘‘Office of

the Architect of the Capitol’’).

68 405 ............. 166a

July 14 481 ........... .......................................................... 68 474 ............. 484

Aug. 2 649 ........... 702(a), (b), (d)–(g), 703 ................... 68 641 ............. 460, 462

Aug. 26 935 ........... 1307 ................................................. 68 829 ............. 33a

Aug. 30 1076 ......... (20) ................................................... 68 967 ............. 122

Aug. 31 1178 ......... .......................................................... 68 1051 ........... 485

Sept. 1 1211 ......... 1–4 ................................................... 68 1126 ........... 471, 472,

490, 491,

491 note

1955

May 25 76 ............. .......................................................... 69 66 ............... 106

June 3 129 ........... .......................................................... 69 83 ............... 270e

130 ........... .......................................................... 69 83 ............... 484, 484

notes

June 29 226 ........... 207 ................................................... 69 196 ............. 33a

June 30 244 ........... (last proviso on p. 205) ................... 69 205 ............. 313–2

July 5 272 ........... (3d par. under heading ‘‘Department of Vehicles and Traffic’’).69 254 ............. 60a

July 13 358 ........... 622 ................................................... 69 319 ............. 483a

Aug. 1 442 ........... .......................................................... 69 430 ............. 484

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1315

Schedule of Laws Repealed—Continued

Statutes at Large

Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

Aug. 5 568 ........... (2d par. under heading ‘‘Office of

the Architect of the Capitol’’).

69 515 ............. 166a

Aug. 11 783 ........... 112 ................................................... 69 641 ............. 462

Aug. 12 874 ........... 1, 2 ................................................... 69 721 ............. 472

1956

June 13 385 ........... 207 ................................................... 70 281 ............. 33a

June 27 452 ........... (2d par. on p. 344, 3d par. on p.

345).

70 344, 345 ..... 313–2, 756

note

453 ........... (2d par. under heading ‘‘Office of

the Architect of the Capitol’’).

70 365 ............. 166a

June 29 479 ........... (3d par. under heading ‘‘Department of Vehicles and Traffic’’).70 447 ............. 60a

July 2 488 ........... 618 ................................................... 70 471 ............. 483a

July 3 513 ........... 1–3, 5 ............................................... 70 493, 495 ..... 484, 484

note

July 27 748 ........... (par. under heading ‘‘General Supply Fund’’).70 686 ............. 756 note

Aug. 3 942 ........... .......................................................... 70 1020 ........... 484

1957

June 5 85–48 ....... 207 ................................................... 71 54 ............... 33a

June 29 85–69 ....... (3d complete par. on p. 231, 5th

complete par. on p. 232).

71 231, 232 ..... 313–2, 756

note

July 1 85–75 ....... (2d par. under heading ‘‘Office of

the Architect of the Capitol’’).

71 251 ............. 166a

Aug. 2 85–117 ..... 618 ................................................... 71 326 ............. 483a

1958

Feb. 28 85–337 ..... 5 ....................................................... 72 29 ............... 472

June 25 85–468 ..... 207 ................................................... 72 225 ............. 33a

July 2 85–486 ..... .......................................................... 72 288 ............. 484

85–493 ..... .......................................................... 72 294 ............. 304c, 490

July 18 85–542 ..... .......................................................... 72 399 ............. 298d

July 31 85–570 ..... (last par. under heading ‘‘Salaries’’).72 448 ............. 166a

Aug. 19 85–680 ..... .......................................................... 72 631 ............. 488

Aug. 22 85–724 ..... 617 ................................................... 72 727 ............. 483a

Aug. 23 85–726 ..... 1406 ................................................. 72 808 ............. 474

Aug. 27 85–781 ..... .......................................................... 72 936 ............. 481

Aug. 28 85–800 ..... 12 ..................................................... 72 967 ............. 276c

Aug. 28 85–844 ..... (par. under heading ‘‘General Supply Fund’’, last par. on p. 1069).72 1068, 1069 313–2, 756

note

Sept. 2 85–886 ..... 1, 3 ................................................... 72 1709 ........... 490

1959

May 20 86–30 ....... (par. under heading ‘‘General Supply Fund’’).73 43 ............... 756 note

June 25 86–70 ....... 30(a) ................................................. 73 148 ............. 472

July 8 86–79 ....... 207 ................................................... 73 166 ............. 33a

Aug. 4 86–135 ..... .......................................................... 73 279 ............. 270b, 270b

note, 270c

Aug. 18 86–166 ..... 616 ................................................... 73 381 ............. 483a

Aug. 21 86–176 ..... (2d par. under heading ‘‘Salaries’’) 73 407 ............. 166a

Sept. 1 86–215 ..... .......................................................... 73 446 ............. 485

116 STAT. 1316 PUBLIC LAW 107–217—AUG. 21, 2002

Schedule of Laws Repealed—Continued

Statutes at Large

Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

Sept. 9 86–249 ..... 1–17(5), (7)–(23), 19–21 .................. 73 479, 484 ..... 23, 24, 32,

33, 59,

260, 262– 265, 267,

268, 274– 276, 277,

278, 282,

297–298,

298c,

341–342a,

344, 345,

346–350a,

352–354,

490, 601,

601 note,

602, 603– 612, 613– 615, 617– 619

Sept. 14 86–255 ..... (4th par. under heading ‘‘General

Provisions’’).

73 507 ............. 313–2

Sept. 23 86–372 ..... 801 ................................................... 73 686 ............. 462

1960

May 13 86–461 ..... .......................................................... 74 128 ............. 106

June 27 86–527 ..... .......................................................... 74 223 ............. 131, 131

note, 132– 135

July 5 86–591 ..... .......................................................... 74 330 ............. 756

July 7 86–601 ..... 516 ................................................... 74 352 ............. 483a

86–608 ..... .......................................................... 74 363 ............. 345c

July 12 86–624 ..... 26, 27(a)–(c) ..................................... 74 418 ............. 276a, 472,

491, 514

86–626 ..... 101 (3d and 6th complete pars. on

p. 434).

74 434 ............. 313–2, 484a

86–628 ..... (last par. under heading ‘‘Salaries’’).74 455 ............. 166a

86–642 ..... 207 ................................................... 74 478 ............. 33a

Sept. 13 86–764 ..... .......................................................... 74 904 ............. 126

1961

Mar. 31 87–14 ....... (par. under heading ‘‘General Supply Fund’’).75 25 ............... 756 note

June 30 87–70 ....... 502 ................................................... 75 175 ............. 462

July 6 87–82 ....... 2 ....................................................... 75 199 ............. 174j–2

July 20 87–94 ....... .......................................................... 75 213 ............. 484

Aug. 3 87–125 ..... 507 ................................................... 75 283 ............. 33a

Aug. 10 87–130 ..... (last par. under heading ‘‘Salaries’’).75 329 ............. 166a

Aug. 17 87–141 ..... (par. under heading ‘‘General Supply Fund’’, 2d par. on p. 353).75 351, 353 ..... 313–2, 756

note

87–144 ..... 616 ................................................... 75 378 ............. 483a

Sept. 22 87–275 ..... .......................................................... 75 574 ............. 318d

Oct. 4 87–372 ..... .......................................................... 75 802 ............. 756

1962

May 24 87–456 ..... 303(b) ............................................... 76 78 ............... 474

June 8 87–476 ..... .......................................................... 76 92 ............... 607

July 25 87–545 ..... (par. under heading ‘‘General Supply Fund’’).76 212 ............. 756 note

Aug. 6 87–571 ..... .......................................................... 76 307 ............. 193f, 193h

Aug. 9 87–577 ..... 516 ................................................... 76 331 ............. 483a

Aug. 13 87–581 ..... 1, 2, 101–108, 203, 204 .................. 76 357, 360 ..... 321, 321

note, 322,

324–327,

327 notes,

328–334

Aug. 24 87–600 ..... .......................................................... 76 401 ............. 756

Aug. 31 87–619 ..... .......................................................... 76 414 ............. 486

Sept. 14 87–658 ..... 6 ....................................................... 76 544 ............. 462

Sept. 25 87–683 ..... .......................................................... 76 575 ............. 71a

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1317

Schedule of Laws Repealed—Continued

Statutes at Large

Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

Oct. 2 87–730 ..... (last par. under heading ‘‘Salaries’’).76 688 ............. 166a

Oct. 3 87–741 ..... (par. under heading ‘‘General Supply Fund’’, last par. on p. 727).76 725, 727 ..... 313–2, 756

note

Oct. 10 87–786 ..... .......................................................... 76 805 ............. 484

Oct. 23 87–847 ..... .......................................................... 76 1117 ........... 757

87–852 ..... .......................................................... 76 1129 ........... 319c

1963

May 17 88–25 ....... (par. under heading ‘‘General Supply Fund’’).77 26 ............... 756 note

Oct. 17 88–149 ..... 516 ................................................... 77 267 ............. 483a

Dec. 19 88–215 ..... (par. under heading ‘‘General Supply Fund’’, 4th par. on p. 436).77 434, 436 ..... 313–2, 756

note

Dec. 30 88–248 ..... (last par. under heading ‘‘Salaries’’).77 812 ............. 166a

1964

July 2 88–349 ..... 1 ....................................................... 78 238 ............. 276a

Aug. 1 88–391 ..... .......................................................... 78 365 ............. 193r, 193t,

193v,

193x

Aug. 14 88–426 ..... 203(d) (related to Assistant Architect of the Capitol), (e).78 415 ............. 166b, 166b–

1

Aug. 19 88–446 ..... 516 ................................................... 78 477 ............. 483a

Aug. 20 88–454 ..... (last par. under heading ‘‘Salaries’’).78 544 ............. 166a

Aug. 30 88–507 ..... (2d complete par. on p. 655) .......... 78 655 ............. 313–2

88–515 ..... .......................................................... 78 696 ............. 701, 701

note, 702,

703

Sept. 2 88–560 ..... 602 ................................................... 78 799 ............. 462

1965

Mar. 9 89–4 ......... 1, 2, 101–108, 201, 202, 207, 214,

221–226, 301–304, 401–405.

79 5, 17 ........... 40 App.:1,

2, 101– 108, 201,

202, 207,

214, 221– 226, 301– 304, 401– 405

June 2 89–30 ....... 1–4 ................................................... 79 118 ............. 301, 306,

308–310

July 27 89–90 ....... (1st par. on p. 276) ......................... 79 276 ............. 166a

Aug. 10 89–117 ..... 1104 ................................................. 79 503 ............. 462

Aug. 16 89–128 ..... (2d complete par. on p. 531) .......... 79 531 ............. 313–2

Sept. 8 89–173 ..... 1, 5(a), 6 .......................................... 79 663, 665,

666.

684, 685

Sept. 29 89–213 ..... 616 ................................................... 79 876 ............. 483a

Oct. 20 89–276 ..... .......................................................... 79 1010 ........... 490

Nov. 8 89–343 ..... 6 ....................................................... 79 1303 ........... 474

89–344 ..... .......................................................... 79 1304 ........... 490

89–348 ..... 2(4) ................................................... 79 1312 ........... 484

1966

Aug. 27 89–545 ..... (last par. under heading ‘‘Salaries’’).80 364 ............. 166a

Sept. 6 89–555 ..... (4th par. on p. 674) ......................... 80 674 ............. 313–2

Oct. 15 89–670 ..... 8(b) ................................................... 80 942 ............. 40 App.:201

89–687 ..... 616 ................................................... 80 994 ............. 483a

Oct. 29 89–698 ..... 401 ................................................... 80 1072 ........... 214a

Nov. 2 89–719 ..... 105(b) ............................................... 80 1139 ........... 270a

Nov. 7 89–790 ..... .......................................................... 80 1424 ........... 71 note

1967

May 25 90–19 ....... 7, 10(a) (related to § 702), (d) ......... 81 22 ............... 460, 462,

474

May 29 90–21 ....... (par. under heading ‘‘General Supply Fund’’).81 33 ............... 756 note

116 STAT. 1318 PUBLIC LAW 107–217—AUG. 21, 2002

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Section

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(title 40 unless otherwise specified)

Volume Page

July 28 90–57 ....... (last par. under heading ‘‘Salaries’’).81 136 ............. 166a

Sept. 29 90–96 ....... 616 ................................................... 81 245 ............. 483a

Oct. 11 90–103 ..... 101–104, 106, 107, 112, 116–123 .. 81 257, 258,

261, 263.

40 App.:1

note, 102,

105, 106,

201, 202,

207, 214,

221, 223 ,

224, 302,

303, 401,

403

Oct. 20 90–108 ..... .......................................................... 81 275 ............. 101, 193a,

193a note,

193f,

193h,

193m

Nov. 3 90–121 ..... (2d complete par. on p. 349) .......... 81 349 ............. 313–2

Nov. 14 90–135 ..... .......................................................... 81 441 ............. 771, 771

note, 781–

786, 791,

792

Dec. 16 90–206 ..... 219(3), (4) ........................................ 81 639 ............. 166b, 166b–

1

1968

Mar. 12 90–264 ..... 1, 101–107, 109–116(a)(1), (b),

117–120, 201–203.

82 43, 45 ......... 801, 801

note, 802– 804, 804

note, 805– 808, 811– 819a,

821–823

June 19 90–351 ..... 525 ................................................... ........ .................... 484

July 5 90–376 ..... 3 ....................................................... 82 286 ............. 193v

July 23 90–417 ..... (2d par. under heading ‘‘Salaries’’) 82 407 ............. 166a

July 23 90–417 ..... (last par. under heading ‘‘Salaries’’).82 407 ............. 167a note

Aug. 1 90–448 ..... 201(f), 607, 807(f) ............................ 82 502, 534,

544.

462, 612, 40

App.:207

Oct. 4 90–550 ..... (2d complete par. on p. 944) .......... 82 944 ............. 313–2

Oct. 16 90–577 ..... 501 ................................................... 82 1104 ........... 531, 531

note, 532– 535

Oct. 17 90–580 ..... 516 ................................................... 82 1132 ........... 483a

Oct. 22 90–626 ..... .......................................................... 82 1319 ........... 490

1969

June 30 91–34 ....... 2(c) ................................................... 83 41 ............... 193m

Aug. 9 91–54 ....... .......................................................... 83 96 ............... 327 notes,

333

Nov. 25 91–123 ..... 101–104, 106–111 ........................... 83 214, 215 ..... 40 App.:1

note, 105,

201, 202,

207, 214,

302, 401,

403, 405

Nov. 26 91–126 ..... (4th par. under heading ‘‘General

Provisions’’).

83 228 ............. 313–2

Dec. 9 91–143 ..... 8 ....................................................... 83 322 ............. 651, 652,

661, 663– 665, 671,

682–684

Dec. 12 91–145 ..... (last par. under heading ‘‘Salaries’’).83 350 ............. 166a

Dec. 29 91–171 ..... 617 ................................................... 83 483 ............. 483a

1970

May 21 91–258 ..... 52(b)(5) ............................................ 84 235 ............. 40 App.:214

June 30 91–297 ..... 201(c) ............................................... 84 357 ............. 210a note

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1319

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Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

July 29 91–358 ..... 173(a)(1) .......................................... 84 591 ............. 129a note

Aug. 12 91–375 ..... 6(m) .................................................. 84 782 ............. 356, 474,

615, 723,

724

Aug. 18 91–382 ..... (words before proviso (related to

salary of Executive Assistant

Architect of the Capitol) in 1st

par. under heading ‘‘Salaries’’),

1st complete par. on p. 818).

84 817, 818 ..... 166a, 166b–

1

Sept. 1 91–393 ..... 1, 2, 4 ............................................... 84 835 ............. 255, 256,

258e

Sept. 26 91–426 ..... .......................................................... 84 883 ............. 481, 512

Oct. 17 91–466 ..... 2 ....................................................... 84 990 ............. 521–524

Oct. 21 91–469 ..... 39 ..................................................... 84 1036 ........... 270f

Oct. 22 91–485 ..... 2–4 ................................................... 84 1084 ........... 484

Oct. 26 91–510 ..... 451(a) ............................................... 84 1193 ........... 193n–1

Oct. 27 91–513 ..... 1102(o) ............................................. 84 1293 ........... 304m

Dec. 17 91–556 ..... (4th par. under heading ‘‘General

Provisions’’).

84 1448 ........... 313–2

1971

Jan. 11 91–668 ..... 817 ................................................... 84 2033 ........... 483a

July 9 92–49 ....... 611 ................................................... 85 124 ............. 313–2

92–51 ....... (last par. under heading ‘‘Salaries’’).85 137 ............. 166a

Aug. 5 92–65 ....... 201–204, 206, 208, 210–214 ........... 85 168, 169,

171.

40 App.:1

note, 105,

106, 201,

201 note,

202, 207,

214, 223

note, 302,

401, 405

Dec. 18 92–204 ..... 717 ................................................... 85 730 ............. 483a

1972

June 16 92–313 ..... 1–4, 7, 11 ......................................... 86 216, 221,

222.

490, 601

note, 603,

603 notes,

606, 611

June 22 92–317 ..... 3(f) .................................................... 86 235 ............. 14a

July 10 92–342 ..... (last par. under heading ‘‘Salaries’’).86 442 ............. 166a

Aug. 4 92–362 ..... 1 ....................................................... 86 503 ............. 484

Oct. 21 92–520 ..... 1, 41 ................................................. 86 1019, 1026 601 note,

616 note

Oct. 26 92–570 ..... 717 ................................................... 86 1199 ........... 483a

Oct. 27 92–578 ..... 1–14, 16, 17 ..................................... 86 1266, 1274 871, 871

note, 872– 885

92–582 ..... .......................................................... 86 1278 ........... 541–544

1973

July 6 93–62 ....... .......................................................... 87 146 ............. 802, 804

July 10 93–72 ....... .......................................................... 87 169 ............. 607

Aug. 6 93–83 ....... 2 ....................................................... 87 216 ............. 484

Nov. 1 93–145 ..... (last par. under heading ‘‘Salaries’’).87 540 ............. 166a

Dec. 24 93–198 ..... 203, 739(a)–(c), (e)–(g)(2), (7), (8),

(h)–(j).

87 779, 825,

826, 829.

13n, 71a,

71c–71g,

136, 193a

Dec. 29 93–226 ..... .......................................................... 87 943 ............. 193a note

1974

Jan. 2 93–238 ..... 717 ................................................... 87 1041 ........... 483a

Aug. 13 93–371 ..... (last par. under heading ‘‘Salaries’’).88 437 ............. 166a

Aug. 22 93–383 ..... 401(c) ............................................... 88 691 ............. 460

Aug. 30 93–400 ..... 15 ..................................................... 88 800 ............. 474, 487,

581

116 STAT. 1320 PUBLIC LAW 107–217—AUG. 21, 2002

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Date

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Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

Oct. 1 93–427 ..... .......................................................... 88 1170 ........... 873, 876,

885

Oct. 8 93–437 ..... 817 ................................................... 88 1228 ........... 483a

Oct. 26 93–478 ..... .......................................................... 88 1449 ........... 802

Dec. 21 93–529 ..... (par. under heading ‘‘Appalachian

Regional Development Programs’’).

88 1711 ........... 40 App.:208

note

1975

Jan. 2 93–594 ..... .......................................................... 88 1926 ........... 472

93–599 ..... .......................................................... 88 1954 ........... 483

93–604 ..... 701 ................................................... 88 1963 ........... 756

July 25 94–59 ....... (3d par. under heading ‘‘Salaries’’) 89 287 ............. 166a

Aug. 9 94–82 ....... 204(b) ‘‘Sec. 203(d) (related to Assistant Architect of the Capitol)’’.89 421 ............. 166b

94–91 ....... 401 ................................................... 89 452 ............. 490a

Dec. 31 94–188 ..... 101–111, 113, 115–122, 124 ........... 89 1079, 1082,

1083,

1086.

40 App.:1

note, 2, 2

note, 101,

102, 105–

107, 201,

201 note,

202, 207,

214, 223–

225, 302,

303, 401,

405

1976

Feb. 9 94–212 ..... 717 ................................................... 90 171 ............. 483a

Apr. 21 94–273 ..... 2(19), 21 ........................................... 90 375, 379 ..... 74, 756

Aug. 3 94–375 ..... 16(b) ................................................. 90 1076 ........... 461 note

Aug. 14 94–388 ..... .......................................................... 90 1188 ........... 885

Sept. 22 94–419 ..... 717 ................................................... 90 1294 ........... 483a

Oct. 1 94–440 ..... (last par. under heading ‘‘Salaries’’).90 1452 ........... 166a

Oct. 17 94–519 ..... 1–5, 7–9 ........................................... 90 2451, 2456 476, 483,

483c, 484,

484 note,

484c, 512

Oct. 18 94–541 ..... 105 ................................................... 90 2505 ........... 490, 601

note, 606,

611, 612a

1977

Aug. 5 95–94 ....... (2d par. under heading ‘‘Salaries’’) 91 672 ............. 166a

Sept. 21 95–111 ..... 817 ................................................... 91 902 ............. 483a

Nov. 18 95–193 ..... .......................................................... 91 1412 ........... 40 App.:202,

202 note

1978

Sept. 30 95–391 ..... (last par. under heading ‘‘Salaries’’).92 781 ............. 166a

Oct. 10 95–431 ..... (proviso in par. under heading

‘‘Care of the Building and

Grounds’’).

92 1036 ........... 13a, 13b

Oct. 13 95–457 ..... 818 ................................................... 92 1247 ........... 483a

Oct. 20 95–491 ..... .......................................................... 92 1641 ........... 760, 760

note

Oct. 24 95–506 ..... .......................................................... 92 1756 ........... 491

Nov. 2 95–585 ..... .......................................................... 92 2484 ........... 270a

Nov. 6 95–598 ..... 325 ................................................... 92 2679 ........... 316

95–599 ..... 138(a), (b) ........................................ 92 2710 ........... 40 App.:201

Nov. 10 95–629 ..... 101 ................................................... 92 3635 ........... 872–875,

877, 885

1979

July 25 96–38 ....... (par. under heading ‘‘General Supply Fund’’).93 124 ............. 756 note

July 30 96–41 ....... 3(d) ................................................... 93 325 ............. 485

Aug. 15 96–60 ....... 203(c) ............................................... 93 399 ............. 474

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1321

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Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

Oct. 10 96–83 ....... 10 ..................................................... 93 652 ............. 474, 481,

487

Oct. 17 96–88 ....... 509(b) ............................................... 93 695 ............. 40 App.:202

Dec. 14 96–146 ..... 1(2) ................................................... 93 1086 ........... 166b

Dec. 20 96–152 ..... 1(b) ................................................... 93 1099 ...........

Dec. 21 96–154 ..... 718 ................................................... 93 1155 ........... 483a

1980

Oct. 8 96–399 ..... 402 ................................................... 94 1667 ........... 461 note

Oct. 10 96–432 ..... 2, 4, 6(c) ........................................... 94 1852, 1853 193a, 193a

note,

193d note

Oct. 19 96–470 ..... 101(a), 202(a), 211 .......................... 94 2237, 2242,

2246.

50, 514, 610

Dec. 8 96–506 ..... 3 ....................................................... 94 2746 ........... 40 App.:105,

106, 201,

214, 401,

405

Dec. 12 96–514 ..... 108 ................................................... 94 2972 ........... 131 note

96–515 ..... 505 ................................................... 94 3005 ........... 874 note

Dec. 15 96–527 ..... 718 ................................................... 94 3084 ........... 483a

Dec. 16 96–536 ..... 101(c) [H.R. 7593 (related to expenses of travel by the Office of

the Architect of the Capitol)].

94 3167 ........... 166a

Dec. 18 96–545 ..... 2 ....................................................... 94 3215 ........... 40 App.:202

Dec. 22 96–571 ..... 1–5 ................................................... 94 3341 ........... 795, 795

note,

795a– 795c

Dec. 28 96–610 ..... .......................................................... 94 3564 ........... 801 note,

802 note,

809

1981

June 5 97–12 ....... (par. under heading ‘‘General Supply Fund’’).95 75 ............... 756 note,

756a

Aug. 6 97–31 ....... 12(12)–(15) ...................................... 95 154 ............. 270f, 474,

483a, 484

Aug. 13 97–35 ....... 313(b), 1404, 1822(a) ...................... 95 398, 749,

767.

461, 40

App.:105,

201, 401

Oct. 1 97–51 ....... 101(c) [H.R. 4120 (related to expenses of travel by the Office of

the Architect of the Capitol)].

95 959 ............. 166a

Dec. 4 97–88 ....... (par under heading ‘‘Appalachian

Regional Development Programs’’).

95 1146 ........... 40 App.:401

note

Dec. 22 97–98 ....... 1443 ................................................. 95 1321 ........... 483

Dec. 29 97–114 ..... 717 ................................................... 95 1581 ........... 483a

97–125 ..... 1–3(2), (3) ‘‘Secs. 111–116(a)(1),

(b), 117–119’’, 4.

95 1667, 1671 801 note,

802, 811,

811 note,

812–819

1982

Apr. 2 97–164 ..... 160(a)(13) ........................................ 96 48 ............... 330

Oct. 2 97–276 ..... 101(e) [S. 2939 (related to expenses of travel by the Office of

the Architect of the Capitol)].

96 1189 ........... 166a

Dec. 21 97–377 ..... 101(c) [title VII, § 717], (f) (related

to programs authorized by the

Appalachian Regional Development Act of 1965), 120.

96 1853, 1906,

1913.

483a, 490c

note, 40

App.:401

note

Dec. 29 97–390 ..... 1 ....................................................... 96 1957 ........... 13f, 13l,

13n, 13p

1983

July 14 98–50 ....... (par under heading ‘‘Appalachian

Regional Development Programs’’).

97 259 ............. 40 App.:401

note

98–51 ....... (par. under heading ‘‘Travel’’) ........ 97 273 ............. 166a

116 STAT. 1322 PUBLIC LAW 107–217—AUG. 21, 2002

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Section

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(title 40 unless otherwise specified)

Volume Page

July 30 98–63 ....... 101 (1st–9th sentences in par.

under heading ‘‘Consumer Information Center Fund’’).

97 321 ............. 761

Oct. 31 98–141 ..... 8 ....................................................... 97 910 ............. 872, 874,

875, 880,

885

Nov. 14 98–151 ..... 112 ................................................... 97 976 ............. 490c note

Nov. 30 98–181 ..... 126(a)(1) .......................................... 97 1175 ........... 484b

Dec. 1 98–191 ..... 8(d), 9(a)(2,), (3) .............................. 97 1331 ........... 474, 481,

487

Dec. 8 98–212 ..... 716 ................................................... 97 1441 ........... 483a

1984

Apr. 18 98–269 ..... .......................................................... 98 156 ............. 270c

July 16 98–360 ..... (par under heading ‘‘Appalachian

Regional Development Programs’’).

98 418 ............. 40 App.:401

note

July 17 98–367 ..... (par. under heading ‘‘Travel’’) ........ 98 482 ............. 166a

July 18 98–369 ..... 2713(b) ............................................. 98 1184 ........... 759 note

Oct. 12 98–473 ..... 101(h) [title VIII, § 8013], (j) [H.R.

5798, title IV, § 6, title V, § 507],

701, 702.

98 1925, 1963,

2129.

483a, 484,

490c note,

490d note

Oct. 19 98–524 ..... 4(e)(2) ............................................... 98 2489 ........... 40 App.:214

1985

Nov. 1 99–141 ..... (par under heading ‘‘Appalachian

Regional Development Programs’’).

99 577 ............. 40 App.:401

note

Nov. 8 99–145 ..... 1241(a) ............................................. 99 734 ............. 328

Nov. 13 99–151 ..... (par. under heading ‘‘Travel’’) ........ 99 800 ............. 166a

Dec. 19 99–190 ..... 101(h) [H.R. 3036, title IV, § 6,

title V, § 507], 139.

99 1291, 1323 490b, 490c

note,

490d note

Dec. 26 99–218 ..... .......................................................... 99 1729 ........... 13n

1986

Apr. 7 99–272 ..... 15301–15313 ................................... 100 335 ............. 901–913

Aug. 22 99–386 ..... 201, 207 ........................................... 100 822, 823 ..... 484

Oct. 16 99–492 ..... 1 ....................................................... 100 1240 ........... 13n

Oct. 18 99–500 ..... 101(e) [title IV, par. under heading ‘‘Appalachian Regional Commission’’], (j) [H.R. 5203 (related

to use of appropriations for travel expenses)], (m) [title IV, § 6,

title V, § 507, title VI, § 616, title

VIII, §§ 821(a)(1), 832], 151.

100 1783–210,

1783–287,

1783–321,

1783–324,

1783–331,

1783–340,

1783–345,

1783–352.

166a, 490b,

490c note,

490d

note, 751,

756b, 757,

40

App.:401

note

Oct. 30 99–591 ..... 101(e) [title IV, par. under heading ‘‘Appalachian Regional Commission’’], (j) [H.R. 5203 (related

to use of appropriations for travel expenses)], (m) [title IV, § 6,

title V, § 507, title VI, § 616, title

VIII, §§ 821(a)(1), 832], 151.

100 3341–210,

3341–287,

3341–321,

3341–324,

3341–331,

3341–340,

3341–345,

3341–355.

166a, 490b,

490c note,

490d

note, 751,

756b, 757,

40

App.:401

note

Nov. 7 99–627 ..... 3 ....................................................... 100 3509 ........... 512, 512

notes

Nov. 10 99–640 ..... 13(a)–(c) ........................................... 100 3551 ........... 484d

Nov. 14 99–652 ..... .......................................................... 100 3650 ........... 1001, 1001

note,

1002– 1010

99–656 ..... 1 ....................................................... 100 3668 ........... 258a, 258e– 1

Nov. 17 99–662 ..... 945 ................................................... 100 4200 ........... 483d

1987

July 22 100–77 ..... 502(a) ............................................... 101 510 ............. 484

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1323

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Date

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Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

Aug. 21 100–113 ... 1–6, 10 ............................................. 101 735, 747 ..... 1101, 1101

note,

1102– 1105,

1109

Dec. 22 100–202 ... 101(b) [title VIII, § 8093], (d) [title

IV, par. under heading ‘‘Appalachian Regional Commission’’],

(f) [title II, § 3], (i) [title I, § 4

and par. under heading ‘‘Travel’’], (m) [title IV, § 5, title V,

§ 507, title VI, §§ 616, 619].

101 1329–79,

1329–127,

1329–196,

1329–294,

1329–301,

1329–410,

1329–415,

1329–423,

1329–427.

166a, 490

note,

490b,

490c note,

490d

note, 756

notes,

756b,

1003, 40

App.:401

note

1988

Jan. 5 100–230 ... 3 ....................................................... 101 1564 ........... 1003

Jan. 8 100–235 ... 1, 2, 5–8 ........................................... 101 1724, 1729 1441 note

Feb. 5 100–242 ... 524 ................................................... 101 1939 ........... 462

July 19 100–370 ... 1(k)(3) .............................................. 102 849 ............. 483a

100–371 ... (par. under heading ‘‘Appalachian

Regional Commission’’).

102 871 ............. 40 App.:401

note

Aug. 22 100–415 ... .......................................................... 102 1104 ........... 885

Aug. 23 100–418 ... 5115(c) ............................................. 102 1433 ........... 490

Sept. 22 100–440 ... 5, 11, 507 ......................................... 102 1741, 1742,

1747.

490a–1

note, 490c

note,

490d note

Oct. 1 100–458 ... (par. under heading ‘‘Travel’’) ........ 102 2169 ........... 166a

Oct. 7 100–480 ... .......................................................... 102 2328 ........... 816, 1201,

1201 note,

1202– 1208

Oct. 28 100–542 ... .......................................................... 102 2721 ........... 762, 762

note,

762a– 762d

Nov. 5 100–612 ... .......................................................... 102 3180 ........... 471 note,

481, 484,

485, 488,

493

Nov. 15 100–656 ... 742 ................................................... 102 3897 ........... 541

Nov. 17 100–678 ... 1–8 ................................................... 102 4049 ........... 278a, 318– 318b, 601

note, 603,

606, 617– 619, 619

note

100–679 ... 8 ....................................................... 102 4068 ........... 541

Nov. 18 100–690 ... 2081(b) ............................................. 102 4216 ........... 484

1989

Aug. 9 101–73 ..... 744(f), (g) ......................................... 103 438 ............. 474, 612

Sept. 29 101–101 ... (par. under heading ‘‘Appalachian

Regional Commission’’).

103 663 ............. 40 App.:401

note

Nov. 3 101–136 ... 5, 7, 9, 22, 25, 506 .......................... 103 802, 803,

807, 808,

812.

490a–1,

490c note,

490d,

490e, 491

note, 757

Nov. 21 101–162 ... (proviso in par. under heading ‘‘Care of the Building and

Grounds’’).

103 1010 ........... 13a note

101–163 ... (par. under heading ‘‘Travel’’),

106(a), (b).

103 1055, 1056 166a, 166b– 1

1990

Oct. 15 101–427 ... .......................................................... 104 927 ............. 40 App.:221

116 STAT. 1324 PUBLIC LAW 107–217—AUG. 21, 2002

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Section

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Volume Page

Oct. 17 101–434 ... .......................................................... 104 985 ............. 40 App.:403

Oct. 25 101–462 ... .......................................................... 104 1079 ........... 13n

Nov. 5 101–509 ... 8, 15, 507 ......................................... 104 1414, 1415,

1423.

490c note,

490f, 490g

note

101–510 ... 2805 ................................................. 104 1786 ........... 485

101–514 ... (par. under heading ‘‘Appalachian

Regional Commission’’).

104 2095 ........... 40 App.:401

note

101–520 ... (par. under heading ‘‘Travel’’) ........ 104 2266 ........... 166a

1991

June 13 102–54 ..... 13(o) ................................................. 105 278 ............. 612

Aug. 14 102–90 ..... (par. under heading ‘‘Travel’’),

312(f).

105 458, 469 ..... 166a, 184b–

184f

Aug. 17 102–104 ... (par. under heading ‘‘Appalachian

Regional Commission’’).

105 533 ............. 40 App.:401

note

Oct. 28 102–141 ... 7, 11, 505 ......................................... 105 856, 862 ..... 490c note,

490f, 490g

note

Dec. 11 102–216 ... .......................................................... 105 1666 ........... 1010, 1010

note

102–219 ... 1 ....................................................... 105 1673 ........... 885

Dec. 18 102–240 ... 1087 ................................................. 105 2022 ........... 40 App.:403

1992

Aug. 7 102–336 ... .......................................................... 106 864 ............. 193v

Oct. 2 102–377 ... (par. under heading ‘‘Appalachian

Regional Commission’’).

106 1339 ........... 40 App.:401

note

Oct. 6 102–392 ... (par. under heading ‘‘Travel’’), 311,

318, 324.

106 1714, 1723,

1724,

1726.

166a, 193a

note,

1204,

1205,

1207

102–393 ... 5, 13, 505, 528 ................................. 106 1750, 1751,

1757,

1760.

490b, 490c

note,

490f, 490g

Oct. 23 102–439 ... 1 ....................................................... 106 2223 ........... 885

Oct. 24 102–486 ... 153 ................................................... 106 2851 ........... 490

1993

Feb. 8 103–4 ....... 1 ....................................................... 107 30 ............... 1201 note

Aug. 11 103–69 ..... (par. under heading ‘‘Travel’’) ........ 107 702 ............. 166a

Sept. 21 103–82 ..... 202(f) ................................................ 107 888 ............. 484

Oct. 28 103–123 ... 5, 7, 505 ........................................... 107 1246, 1247,

1252.

485, 490c

note, 755a

103–126 ... (par. under heading ‘‘Appalachian

Regional Commission’’).

107 1331 ........... 40 App.:401

note

Nov. 30 103–160 ... 2927 ................................................. 107 1932 ........... 484

Dec. 14 103–193 ... .......................................................... 107 2293 ........... 13n

1994

July 21 103–279 ... 9 ....................................................... 108 1416 ........... 193r, 193u,

193v

July 22 103–283 ... (par. under heading ‘‘Travel’’) ........ 108 1434 ........... 166a

Aug. 26 103–316 ... (par. under heading ‘‘Appalachian

Regional Commission’’).

108 1720 ........... 40 App.:401

note

103–321 ... 2 ....................................................... 108 1793 ........... 1001 note,

1002,

1003,

1006– 1010

Sept. 30 103–329 ... (par. under heading ‘‘Payment of

Government Losses in Shipment’’), 505, 611.

108 2387, 2409,

2418.

486a, 490c

note, 722a

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1325

Schedule of Laws Repealed—Continued

Statutes at Large

Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

Oct. 13 103–355 ... 1555, 4104(b), (c), 7301–7306,

8301(b), 10005(a)(2), (b)(2),

(f)(1), (2).

108 3300, 3341,

3382,

3396,

3406,

3408.

270a, 270a

notes,

270d–1,

276d,

276d

notes,

276d–1—

276d–3,

329, 333,

334, 471

notes,

481, 541

note

Nov. 2 103–437 ... 14(b), (d), (e) .................................... 108 4590, 4591 606, 610,

874, 40

App.:403

1995

Nov. 13 104–46 ..... (par. under heading ‘‘Appalachian

Regional Commission’’).

109 416 ............. 40 App.:401

note

Nov. 15 104–50 ..... 401–405 ........................................... 109 463 ............. 1301, 1301

note,

1302– 1304

Nov. 19 104–52 ..... 5, 503, 611 ....................................... 109 486, 491,

499.

486a, 490c,

490h

104–53 ..... (par. under heading ‘‘Travel’’) ........ 109 527 ............. 166a

Dec. 21 104–66 ..... 2091(a) ............................................. 109 730 ............. 484

Dec. 22 104–68 ..... 1 ....................................................... 109 766 ............. 1101 note

1996

Feb. 10 104–106 ... 1502(f)(7), 2818(b), 4321(i)(8),

5001, 5002, 5101, 5111–5113,

5121–5124, 5125(b)–(d), 5126–

5128, 5131(a)–(d), 5132, 5141,

5142, 5201, 5301–5305, 5311,

5312, 5401–5403, 5607(b),

5608(a), 5701.

110 510, 555,

676, 679,

685, 686,

689, 691,

701, 702.

270a note,

485, 759,

1401,

1401

notes,

1411–

1413,

1421–

1428,

1441,

1441 note,

1442,

1451,

1452,

1461,

1471–

1475,

1491,

1492,

1501–

1503

Apr. 24 104–132 ... 803 ................................................... 110 1305 ........... 137

Apr. 26 104–134 ... 101(c) [title I, proviso in 1st par.

under heading ‘‘John F. Kennedy Center for the Performing

Arts’’, title III, § 313].

110 1321–193,

1321–198.

193n, 872,

872 note

Aug. 6 104–182 ... 306 ................................................... 110 1685 ........... 45 note

Aug. 20 104–186 ... 221(15), (18) .................................... 110 1750 ........... 756b, 1003

Sept. 16 104–197 ... (par. under heading ‘‘Travel’’) ........ 110 2404 ........... 166a

Sept. 23 104–201 ... 823, 1067 ......................................... 110 2609, 2654 318c, 490

Sept. 26 104–204 ... (2d proviso under heading ‘‘Consumer Information Center

Fund’’).

110 2916 ........... 761a

Sept. 30 104–206 ... (par. under heading ‘‘Appalachian

Regional Commission’’).

110 3000 ........... 40 App.:401

note

Sept. 30 104–208 ... 101(f) [title VI, § 640] ..................... 110 3009–365 ... 1411 note

116 STAT. 1326 PUBLIC LAW 107–217—AUG. 21, 2002

Schedule of Laws Repealed—Continued

Statutes at Large

Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

104–208 ... 101(e) [title VII, § 709(a)(4), (5)],

(f) [title IV, 3d-6th provisos on

p. 3009–335, § 407, title VI,

§ 611, title VIII, § 808(b)].

110 3009–312,

3009–335,

3009–337,

3009–355,

3009–394.

276d–3,

486a, 490,

612, 872

note, 1401

note, 40

App.:214

Oct. 9 104–280 ... 1 ....................................................... 110 3359 ........... 13n

Oct. 19 104–316 ... 120 ................................................... 110 3836 ........... 485a, 490

Nov. 12 104–333 ... 814(d)(1)(G) ..................................... 110 4196 ........... 805

1997

July 18 105–27 ..... 1 ....................................................... 111 244 ............. 484

Oct. 6 105–50 ..... .......................................................... 111 1167 ........... 484

Oct. 10 105–61 ..... (proviso related to buildings considered to be federally owned),

413.

111 1297, 1300 481, 490i

note

Oct. 13 105–62 ..... (par. under heading ‘‘Appalachian

Regional Commission’’).

111 1336 ........... 40 App.:401

note

Oct. 27 105–65 ..... (last proviso in par. under heading

‘‘Consumer Information Center

Fund’’).

111 1377 ........... 761a

Nov. 14 105–83 ..... (last proviso in par. under heading ‘‘National Capital Planning

Commission’’).

111 1589 ........... 71a note

Nov. 18 105–85 ..... 850(f)(2), 852, 1073(h)(4) ................ 111 1849, 1851,

1907.

1441 note,

1492,

1501

Nov. 19 105–95 ..... 4 (related to section 9(3) of the Act

of October 24, 1951).

111 2149 ........... 193v

105–100 ... 157(f) ................................................ 111 2187 ........... 138

Nov. 26 105–119 ... 118 ................................................... 111 2468 ........... 484

1998

June 9 105–178 ... 1117(c), 1211(b), 1212(a)(2)(B)(iii),

1222.

112 160, 188,

193, 223.

819a, 40

App.:201,

403, 405,

405 note

Aug. 7 105–220 ... 199(a)(4) .......................................... 112 1059 ........... 40 App.:211

Oct. 7 105–245 ... (par. under heading ‘‘Appalachian

Regional Commission’’).

112 1854 ........... 40 App.:401

note

Oct. 21 105–277 ... 101(h) [title IV, 6th and 9th provisos on p. 2681–502, title VI,

§§ 603, 630], 1335(h).

112 2681–502,

2681–513,

2681–522,

2681–788.

490 note,

490b note,

490i, 1106

Oct. 31 105–332 ... 3(g) ................................................... 112 3126 ........... 40 App.:214

Nov. 10 105–362 ... 401(g) ............................................... 112 3282 ........... 795d

Nov. 13 105–393 ... 201–220(c)(1), 221, 222 .................. 112 3618, 3625 40 App.:1

note, 2,

101, 105,

106, 202– 208, 211– 214, 224,

226, 302,

401, 405

1999

Aug. 17 106–49 ..... .......................................................... 113 231 ............. 270a, 270a

notes,

270b

Sept. 29 106–60 ..... (par. under heading ‘‘Appalachian

Regional Commission’’).

113 498 ............. 40 App.:401

note

Oct. 5 106–65 ..... 1067(18) ........................................... 113 775 ............. 485

Oct. 22 106–78 ..... 752(b)(14) ........................................ 113 1170 ........... 474

Nov. 29 106–113 ... 1000(a)(5) [§ 233(a)] ........................ 113 1501A–301 484

Dec. 12 106–168 ... 301 ................................................... 113 1821 ........... 484

2000

Oct. 27 106–377 ... 1(a)(2) (par. under heading ‘‘Appalachian Regional Commission’’).114 1441A–82 ... 40 App.:401

note

PUBLIC LAW 107–217—AUG. 21, 2002 116 STAT. 1327

LEGISLATIVE HISTORY—H.R. 2068:

HOUSE REPORTS: No. 107–479 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 148 (2002):

June 11, considered and passed House.

Aug. 1, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):

Aug. 23, Presidential statement.

Æ

Schedule of Laws Repealed—Continued

Statutes at Large

Date

Chapter or

Public

Law

Section

Statutes at Large U.S. Code

(title 40 unless otherwise specified)

Volume Page

Oct. 30 106–398 ... 1 [§§ 809, 2814] ............................... 114 1654A–208,

1654A– 419.

484, 1492

Nov. 13 106–518 ... 313 ................................................... 114 2421 ........... 13n

Dec. 21 106–554 ... 1(a)(3) [§ 643], (7) [§ 307(a)] ........... 114 2763A–169,

2763A– 635.

258e–1,

490b

2001

Nov. 12 107–67 ..... 630 ................................................... 115 552 ............. 490b–1

Dec. 28 107–107 ... 2812 ................................................. 115 1307 ........... 485

2002

Mar. 12 107–149 ... 116 ................................................... 66 40 App.:1

note, 2, 2

note, 101,

102, 104,

106, 202–

205, 207,

214, 224,

225, 302,

303, 401,

403, 405.

Approved August 21, 2002.