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".
PL 107-217 (H.R.2068), enacted 08/21/2002

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 perma-
Aug. 21, 2002 
nent laws, related to public buildings, property, and works, as title 40, United 
[HR 2068] 
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, 
40 u s e note 
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, £ind 
enacted as title 40, United States Code, "Public Buildings, Property, 
and Works", as follows: 
TITLE 40—PUBLIC BUILDINGS, 
PROPERTY, AND WORKS 
SUBTITLE 
S^C 
I. FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES 
101 
II. PUBLIC BUILDINGS AND WORKS 
3101 
IIL 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. 
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 serv-
ices, 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 Govern-
ment 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 inven-
tory" means— 
(A) property, in excess of amoimts 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 establish-
ment 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 performEince of duties. 
(8) NONPERSONAL SERVICES.—The term "nonpersonal serv-
ices" means contractual services designated by the Adminis-
trator 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 imder 
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 Adminis-
trator, 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 12 l(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 direc-
tives 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 trans-
ferred 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 con-
j stituent 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 PROCURE-
MENT 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 o
f
— 
(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 con-
ducted 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 pro-
gram 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 require-
ments of this subtitle and with policies and regulations pre-
scribed under this subtitle; 
(3) an executive agency naimed 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 administra-
tion 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 Fanners 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 o
f
— 
(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 mort-
gages, 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 nonper-
sonal 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 Com-
merce with respect to the disposEd 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 MEuitime Administration with respect to the acquisi-
tion, 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 ship-
yard, ship site, terminal, pier, dock, warehouse, or other 
installation necessary or appropriate for carr)dng out a program 
of the Administration authorized by law or nonadministrative 
activities incidental to a program of the Administration author-
ized 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 activi-
ties, coordinate its operations with the requirements of this 
subtitle and with policies and regulations prescribed under 
this subtitle; 
(16) the Centrsd 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 £ind 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 nec-
essary to carry out this subtitle. The policies must be consistent 
with this subtitle. 
(b) ACCOUNTING PRINCIPLES AND STANDARDS.— 
(1) PRESCRIPTION.—The Comptroller General, after consid-
ering the needs and requirements of executive agencies, shall 
prescribe principles and standards of accounting for property. 
(2) PROPERTY ACCOUNTING SYSTEMS.—The Comptroller Gen-
eral 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 estab-
lished by executive agencies to determine the extent of compli-
ance 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 £uid 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 redelega-
tion 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 allo-
cated amounts from one component of the Administration 
to another under psiragraphs (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, main-
tain or repair the building or facility. The department or agency 
shall directly expend the retained amounts to operate, main-
tain, 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 trans-
fers a function from one component of the Administration 
to another, the Administrator may also provide for the 
transfer of appropriate allocated amounts from the compo-
nent that previously carried out the function to the compo-
nent 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 execu-
tive 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 commit-
tees shall serve without compensation but are entitled to transpor-
tation 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 peirticipation, denied benefits, or other-
wise discriminated against based on sex. 
(b) ENFORCEMENT.—Subsection (a) shall be enforced through 
agency provisions £ind 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 discrimi-
nation. 
§ 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 Gtovernment an amount equal to the 
sum o
f
— 
(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 Gk)vemment 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 fi"audulently obtained, with the Govern-
ment retaining as liquidated damages, the money, property, 
or other consideration given to the Govemment. 
(b) ADDITIONAL REMEDIES AND CRIMINAL PENALTIES.—The civil 
remedies provided in this section are in addition to all other civil 
remedies and crimined penalties provided by law. 
(c) IMMUNITY OF GOVERNMENT OFFICL^S.—An officer or employee 
of the Gk)vernment is not liable (except for an individual's own 
fraud) or accountable for collection of a purchase price that is 
determined to be imcollectible by the federal agency responsible 
for property if the property is transferred or disposed of in accord-
ance 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 em action arising under this section, and venue is proper, 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1071 
if at least one defendgint 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 Adminis-
trator 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 Adminis-
trator 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 
S U B C H A P T E R 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 Genersd Services Administration is an agency in the executive 
branch of the Federal Government. 
99-194 O - 03 -10 : QL 3 Part 2 
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 Adminis-
trator shall perform functions designated by the Administrator. 
The Deputy Administrator is Acting Administrator of General Serv-
ices 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 func-
tions related to the Bureau of Federal Supply in the Depart-
ment of the Treasury that, immediately before July 1, 1949, 
were functions o
f
— 
(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 o
f
— 
(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 federgd 
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 Serv-
ices 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 megor equipment 
acquisitions 
(a) IN GENERAL.—Subject to subsection (b), unobligated bedances 
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 msmagement and management information sys-
tems needed to implement the Chief Financial Officers Act 
of 1990 (PubHc Law 101-576, 104 Stat. 2838) and other laws 
or regulations. 
(b) REQUIREMENTS AND AVAILABILITY.— 
(1) TIME FOR TRANSFER.—Transfer of an smaount 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 pro-
ducer 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 deter-
mines 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 Genereil Supply Fund is a special fund in 
the Treasury. 
(b) COMPOSITION.— 
(1) IN GENERAL.—The Fund is composed of amounts appro-
priated to the Fund and the value, as determined by the 
Administrator of General Services, of personal property trems-
ferred from executive agencies to the Administrator under sec-
tion 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 tile 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 fi-om 
or through the Public Printer, for warehouse issue, 
of standard forms, blankbook work, standard specifica-
tions, and other printed material in common use by 
federal agencies and not available through the Super-
intendent 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 conver-
sion of personal property; and 
(C) paying other direct costs of, and indirect costs that 
are reasonably related to, contracting, procurement, inspec-
tion, storage, management, distribution, and accountability 
of property and nonpersonal services provided by the Gen-
eral 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 trans-
ferred 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 piu-chase 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 o
f
— 
(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 oper-
ation of the Fund, the Administrator may retain amounts nec-
essary 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 deter-
mined that purchase is the least costly alternative) informa-
tion processing and transmission equipment, software, sys-
tems, 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 require-
ments 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 proc-
essing and transmission equipment, software, systems, oper-
ating facilities, supplies, and related services including mainte-
nance 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 with-
out fiscal year limitation. 
(d) CHARGES TO AGENCIES.—If the Director approves plans sub-
mitted 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 Fimd, the Administrator 
may enter into multiyear contracts, not longer than 5 years, 
to provide information technology hardware, software, or serv-
ices if— 
(A) amounts are available and adequate to pay the costs 
of the contract for the first fiscal year cuid 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 jdeld 
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 
fiscEd 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 ciny 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 Informa-
tion Center activities; 
(2) user fees from the pubhc; 
(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 appro-
priation 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, pub-
lishing, 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 manage-
ment 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 transpor-
tation 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 Serv-
ices 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 nonper-
sonal 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 classi-
fication, transportation and traffic management, mgmage-
ment of public utility services, and repairing and con-
verting. 
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 agen-
cies to operate the facilities. 
§ 502. Services for other entities 
(a) FEDERAL AGENCIES, MIXED-OWNERSHIP GOVERNMENT COR-
PORATIONS, AND THE DISTRICT OF COLUMBIA.—On request, the 
Administrator of General Services shall provide, to the extent prac-
ticable, 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 handi-
capped (as defined in section 5(4) of the Javits-Wagner-
O'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 Grovernment. 
§ 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 Genersil 
Services prescribes, subject to regulations prescribed by the 
Administrator for Federal Procm-ement 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 con-
ducted in the same manner and subject to the SEime conditions 
as are applicable to the sale of property under section 545(d) 
of this title. 
§ 504. ^ e n c y 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 
personsQ 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.—Mediced 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 pur-
poses; Etnd 
(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 eind use of medical 
materials or supplies before their shelf life expires cind they 
are rendered unfit for human use. 
(b) TRANSFER OR EXCHANGE.— 
(1) IN GENERAL.—In accordance with regulations the Adminis-
trator of General Services prescribes, medical materials or sup-
plies 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 sup-
plies 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 prop-
erty management practices. 
(B) INVENTORY LEVELS.—Cooperate with executive agen-
cies 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 pre-
scribes 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 Serv-
ices 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 Eire 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 expendi-
tures 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 reimburse-
ment 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 Adminis-
trator to be suitable for distribution through the supply centers 
of the General Services Administration sh^l 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 OklaJioma 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 miscella-
neous receipts. 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1085 
(2) TITLE.—Title to excess property obtained under this sub-
section 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 Smith-
Lever 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 Pohcy 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 Assist-
ance 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 connec-
tion 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 Serv-
ices may temporarily assign or reassign space in excess real prop-
erty to a federal agency, for use as office or storage space or 
for a related purpose, if the Administrator determines that assign-
ment 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 appropria-
tion 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 pubHc 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 Adminis-
trator of General Services determines that requirements can reason-
ably 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 personsJ 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 cat-
egories 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 Adminis-
trator 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 Gen-
eral Services Administration or, when the Administrator of General 
Services decides, by the executive agency in possession of the prop-
erty or by any other executive agency that agrees. 
§ 543. Method of disposition 
An executive agency designated or authorized by the Adminis-
trator of General Services to dispose of surplus property may do 
so by sale, exchemge, lease, permit, or transfer, for cash, credit, 
or other property, with or without warranty, on terms and condi-
tions 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 con-
cerning 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 regu-
lations the Administrator prescribes. 
(B) EXCEPTIONS.—This subsection does not apply to dis-
posal 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 com-
petition consistent with the value and nature of the property 
involved. 
(3) PUBLIC DISCLOSURE.—Bids must be pubhcly 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, con-
forming 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 competi-
tion 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, £ind 
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 con-
tracts 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 trans-
actions under regulations the Administrator prescribes. The regula-
tions 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 nego-
tiated 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 oflered first 
to an entity specified in subsection (b)(8) that has expressed 
an interest in the property. 
(e) EXPLANATORY STATEMENTS FOR NEGOTL\TED DISPOSALS.— 
(1) REQUIREMENT.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), an explanatory statement of the circumsteuices 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 prop-
erty 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 sub-
section (d), or for a disposal of real or personal property 
authorized by any other law to be made without adver-
tising. 
(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 esti-
mated feiir 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 disposed 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 ^o retain or dispose of contractor inventory. 
§ 547. Agricultural commodities, foods, and cotton or woolen 
goods 
(a) POLICIES.—The Administrator of General Services shall con-
sult with the Secretary of Agriculture to formulate policies for 
the disposal of surplus agricultural commodities, surplus foods proc-
essed from agricultural commodities, and surplus cotton or woolen 
goods. The policies shall be formulated to prevent surplus agricul-
tural commodities, or surplus foods processed fi'om agricultural 
commodities, from being dumped on the market in a disorderly 
manner and disrupting the market prices for agricultural commod-
ities. 
(b) TRANSFERS TO DEPARTMENT OF AGRICULTURE.— 
(1) IN GENERAL.—The Administrator shall transfer without 
charge to the Department of Agriculture any surplus agricul-
tural commodities, foods, and cotton or woolen goods for dis-
posal, when the Secretary determines that a transfer is nec-
essary for the Secretary to carry out responsibilities for price 
support or stabilization. 
(2) DEPOSIT OF RECEIPTS.—Receipts resulting from disposal 
by the Depsirtment under this subsection shall be deposited 
pursuant to any authority available to the Secretsiry. When 
applicable, however, net proceeds from the sale of surplus prop-
erty transferred under this subsection shgJl be credited pursu-
ant to section 572(a) of this title. 
(3) LIMITATION OF SALES.—Surplus farm commodities trans-
ferred 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 trans-
ferred 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 with-
out 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 pro-
moting, 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 individueJs 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 Fed-
eral Communications Commission as an educational 
radio or educational television station; 
(vii) a museum attended by the public; or 
(viii) a librEu-y serving free all residents of a commu-
nity, 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 deter-
mine whether surplus personal property under the control of 
the Department of Defense is usable and necessary for edu-
cational 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 allo-
cate 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 ACTIVI-
TIES.—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 accordsince with this subsection and with state 
law. 
(2) PROCEDURE.— 
(A) CONSIDERATION OF NEEDS AND RESOURCES.—In devel-
oping 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 teiken 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 Eimendment 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, compli-
ance and use reviews, equitable distribution Eind prop-
erty disposal, determination of eligibility, and assist-
ance through consultation with advisory bodies and 
public and private groups. 
(B) EQUITABLE DISTRIBUTION.—The state plan of oper-
ation 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 £ind their abilities to use the 
property. 
(C) MANAGEMENT CONTROL AND ACCOUNTING SYSTEMS.— 
The state plan of operation shall require, for donable prop-
erty 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 state-
owned 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.—TTie 
state plan of operation shall require the state agency to 
provide for the return and redistribution of donable prop-
erty 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, res-
ervations, 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 pas-
senger 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 pro-
vide that surplus personal property which the state 
agency determines cannot be used by eligible recipients 
shall be disposed o
f
— 
(I) subject to the disapproval of the Adminis-
trator within 30 days after notice to the Adminis-
trator, 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 sub-
chapter 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 prop-
erty, 
(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 pro-
vide 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 pa3anent 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 other-
wise be made. 
(4) SURPLUS PROPERTY TRANSFERRED TO STATE AGENCY.— 
(A) IN GENERAL.—Under the cooperative agreement, sur-
plus property transferred to a state agency for distribution 
pursuEuit 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 
b y -
(i) the Administrator; 
(ii) the Secretary of Education, for property trans-
ferred 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 posses-
sions 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 prop-
erty transferred pursuant to section 549 of this title, the official 
specified in paragraph (2) shall determine and enforce compli-
ance with the terms, conditions, reservations, and restrictions 
contained in an instrument by which a transfer under this 
section is m^ade. 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 instrimient, if the officigJ 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 
(l)is— 
(A) the Secretary of Education, for property transferred 
under subsection (c) for school, classroom, or other edu-
cational 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 equip-
ment 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 Adminis-
trator 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 edu-
cational institution that has been held exempt from teixation 
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 prop-
erty 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 institu-
tion. 
(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 Adminis-
trator 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 pubhc 
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 med-
ical 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 prop-
erty 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 Secreteiry of the Interior for dis-
posal surplus real property, including buildings, fixtures, and 
equipment situated on the property, that the Secretary rec-
ommends as needed for use as a public peirk or recreation 
area. 
(2) SALE OR LEASE.—Subject to disapproval by the Adminis-
trator within 30 days after notice to the Administrator by 
the Secretary of the Interior of a proposed transfer, the Sec-
retary, for public park or recreation area use, may sell or 
lease property assigned to the Secretary under pgiragraph (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 prop-
erty 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 instrumen-
tality, 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, restric-
tions, and conditions the Secretary of the Interior deter-
mines 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 Adminis-
trator 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 prop-
erty assigned to the Secretary under paragraph (1) to a State, 
a political subdivision or instrumentality of a State, or a non-
profit organization that exists for the primary purpose of pro-
viding 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 refur-
bished through use of the property shall be quality 
dwellings that comply with local building and safety 
codes and standards and shall be avgdlable at prices 
below prevailing market prices. 
(B) GUIDELINES FOR CONSIDERING DISABILITIES.—For pur-
poses 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 consid-
eration 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 £ind 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 Adminis-
trator 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 prop-
erty disposed of under paragraph (2), the Chief Executive 
Officer shall take into consideration gmy 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 monetsuy consideration to the 
Government, the Administrator may convey to a State, 
a political subdivision or instrumentality of a State, or 
a miHiicipality, the right, title, and interest of the Govern-
ment 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 suit-
able 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 preserva-
tion and proper observation of the property's historic fea-
tures 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 revenue-
producing 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, rehabilita-
tion, 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 finan-
cial 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 periodi-
cally 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, restric-
tions, and conditions the Administrator determines are nec-
essary 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 pre-
scribe, may donate to the American National Red Cross for chari-
table 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 Serv-
ices 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 Adminis-
trator 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 Grovernment, 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 deter-
mined 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 regu-
lations that the Administrator may prescribe, may transfer or 
convey to a State, or political subdivision or instrumentality of 
a State, surplus re£il and related personal property that— 
(1) the Attorney General determines is required by the trans-
feree 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 trans-
feree 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 sur-
plus real and related personal property disposed of under this 
section— 
(1) shall provide that all of the property be used and main-
tained 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 deter-
mine and enforce compliance with the terms, conditions, reserva-
tions, and restrictions contained in an instrument by which a 
transfer or conveyance under this section is made. The Adminis-
trator shall reform, correct, or amend the instrument if necessary 
to correct the instrument or to conform the transfer to the require-
ments 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 Govern-
ment 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 quit-
claim 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 Closiu*e 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 Serv-
ices, 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 prop-
erty located at a mihtary 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 oper-
ation 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 Transpor-
tation 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 sub-
mitted 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 sec-
tion 545(e) of this title. 
(d) No MONETARY CONSIDERATION.—^A conveyance under this sec-
tion 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, £uid 
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 regula-
tion 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 instrimaent or to conform the transfer to the require-
ments 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 Grovemment 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 CEinine 
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, pursu-
ant 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) shgJl 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 imder 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 Govern-
ment 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 
progreim. 
(4) DOCUMENTATION.—If the vessel is eligible to be docu-
mented, it must be documented by the institution as a vessel 
of the United States under chapter 121 of title 46. The require-
ments of paragraph (5) must be noted on the permanent record 
of the vessel. 
(5) DISPOSAL.—The institution must obtain prior approval 
fi'om 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.— 
99-1940-03-11 :QL3Part2 
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 mgdntain a situa-
tion 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) personed property (other than a patent, process, tech-
nique, 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 dis-
posing of property to a private interest shall promptly transmit 
notice of the proposed disposal, including probable terms and 
conditions, to the Attorney Greneral. 
(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 Einy 
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 appro-
priate or necessary to— 
(1) give advice required by this section; or 
(2) determine whether any other disposition or proposed dis-
position 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 sub-
chapter, 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 bro-
kers, 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 gind Budget each 
quarter shall determine the maximum Eimount 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 trans-
fers 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 DEPART-
MENT.— 
(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 prop-
erty, 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— 
y 
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 Sec-
retary of Defense shall provide that property described in para-
graph (2) is available for transfer, without reimbursement, 
to other military depsirtments within the Department of 
Defense. 
(4) ALTERNATIVE DISPOSITION BY ADMINISTRATOR OF GENERAL 
SERVICES.—If property is not transferred pursuEuit 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 res-
toration 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 res-
toration by the military department that had jmisdic-
tion over the property before the closure of the military 
inst£dlation. 
(ii) In the case of property located at £uiy other 
military installation— 
(I) 50 percent of the eimount is available for 
facility maintenauice and repgiir or environmental 
restoration at the militeuy installation where the 
property was located before it was disposed of or 
transferred; and 
(II) 50 percent of the aunount is available for 
facility maintenance and repair and for environ-
mental 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 dis-
posal 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 
fi"om 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 pro-
ceeds 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 con-
ducting 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 appro-
priation; or 
(B) paid to the federal agency that determined the prop-
erty to be excess. 
(3) CALCULATION OF NET PROCEEDS.—For purposes of this 
suibsection, 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 prop-
erty 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 pre-
vailing market price when the cash pa5nnent becomes due. 
(e) MANAGEMENT OF CREDIT, LEASES, AND PERMITS.—For a dis-
position 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 sire 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, £ind settle any right of the Govern-
ment with respect to the credit, lease, or permit. 
SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED 
ACTIVITIES 
§ 581. General authority of Administrator of General Serv-
ices 
(a) APPLICABILITY.—To the extent that the Administrator of Gen-
eral Services by law, other than this section, may msdntain, 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 greuited 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 meiintains. 
(c) ACQUISITION AND MANAGEMENT OF PROPERTY.— 
(1) REAL ESTATE.—The Administrator may acquire, by pur-
chase, 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 pay-
ment 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 pursu-
ant to section 545 of this title. 
(2) NEGOTL\TION 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 Adminis-
trator 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 oper-
ations and functions. Assistance and services under this subsection 
may include— 
(1) emplo3anent of personal services without regard to chap-
ters 33 and 51 and subchapter III of chapter 53 of title 5; 
(2) providing Government-owned and leased space for per-
sonnel 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 corpora-
tion 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 serv-
ices under this subsection to an applicable appropriation of 
the Administration, 
(g) OBTAINING PAYMENTS.—The Administrator may— 
(1) obtain pajonents, through advances or otherwise, for serv-
ices, space, quarters, mainteneince, repair, or other facilities 
furnished, on a reimbursable basis, to a federal agency, a 
mixed-ownership 
Grovemment 
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 COMMERCL^ 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 commercisd, cultural, 
educational, or recreational activity (as defined in section 
3306(a) of this title). The Administrator shall establish a rental 
rate for leased space equiv£ilent 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 shedl contain terms and conditions 
and be negotiated pursuant to procedures that the Adminis-
trator considers necessary to promote competition and to protect 
the public interest. 
(2) OCCASIONAL USE OF SPACE FOR NON-COMMERCIAL PUR-
POSES.—The Administrator may make available, on occasion, 
or lease at a rate and on terms and conditions that the Adminis-
trator 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, edu-
cational, or recreationeJ 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 smiount shall be credited to the 
appropriation from the Fund applicable to the operation of 
the building. 
(4) FURNISHING UTILITIES AND MAINTENANCE.—^The Adminis-
trator may furnish utilities, maintenance, repair, and other 
services to a person, firm, or organization leasing space pursu-
ant to paragraph (1) or (2). The services may be provided 
during and outside of reguleir 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 corpora-
tion (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 Manage-
ment and Budget determines that it is in the interest of 
economy or efficiency, the Director shall tremsfer 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 Govern-
ment 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 post-
office building, unless the Director determines that the building 
is not used predominantly for post-office purposes. The Adminis-
trator 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 Depart-
ment 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 mixed-
ownership 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 Con-
gress; 
(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 trans-
ferred, in advance, to the General Services Administration for pur-
poses the Administrator determines are necesssiry, including pay-
ment of salaries and expenses for preparing pl£ins 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 execu-
tive 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 £ind directives the Presi-
dent 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 Govern-
ment 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 prac-
ticable, give priority to federal activities requiring regular contact 
with the public. If the space is not available, the Administrator 
shall provide space with meiximum 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 accommoda-
tion 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 accommoda-
tion 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 pajmients 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 Govern-
ment'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 pa3anent 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, deter-
mine 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 compsirable 
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 Adminis-
trator determines that charges would be infeasible or imprac-
tical. 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 £uid 
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 
£uid maintenance costs shall be credited to miscelleuieous 
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). Pa3anents shall be deposited into the Federal Buildings Fund. 
The Administration may use amounts received under this sub-
section, 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 cen-
ters" means flexiplace work telecommuting centers. 
(b) TELECOMMUTING CENTERS ESTABLISHED BY ADMINISTRATOF 
OF GENERAL SERVICES.— 
116 STAT. 1114 
PUBLIC LAW 107-217—AUG. 21, 2002 
(1) ESTABLISHMENT.—^The Administrator of Greneral Services 
may acquire space for, establish, and equip telecommuting cen-
ters 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 federgd 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 ren-
ovation 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 ret£dn income received by the Greneral 
Services Administration, from federal agencies and non-
federal sources, to defi-ay costs directly associated with 
the functions of telecommuting centers. 
(c) DEVELOPMENT OF ALTERNATIVE WORKPLACE ARRANGEMENTS 
B
Y EXECUTIVE AGENCIES AND OTHERS.— 
(1) DEFINITION.—In this subsection, the term "alternative 
workplace arrangements" includes telecommuting, hoteling, vir-
tual 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 £in 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 work-
place arrangements. 
(d) AMOUNTS AVAILABLE FOR FLEXIPLACE WORK TELECOMMUTING 
PROGRAMS.— 
(1) DEFINITION.—In this subsection, the term "flexiplace work 
telecommuting progrsim" 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 depart-
ments and agencies, in each fiscal year at least $50,000 of 
amounts made available for salaries and expenses is available 
only for canying 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 HeEdth and Human Services. 
(G) Department of Housing £ind 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, Eifter consultation 
with the head of the agency and with due regard for the program 
activities of the agency, that it would not be more economicEil 
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 fur-
nishings for the new controlled space shedl 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 SEune or similar 
items may not be provided from both sources. 
(e) CONTROL OF REPLACEMENT FURNITURE.—If furniture and fur-
nishings for a new controlled space are provided from stocks avail-
able 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 con-
trolled space are provided from stocks available to the Adminis-
trator, 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 fur-
nishings 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 Adminis-
trator 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 Grovemment; 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 accord-
ance with regulations the Administrator of General Services pre-
scribes with the approval of the Director of the Office of Manage-
ment 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 Gen-
eral Services Administration's licensing agreements, the Adminis-
trator of General Services sheill provide guidance, assistance, and 
oversight to federal agencies for the development of child care 
centers to provide economical and effective child care for federed 
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 pro-
vider" means an individual or entity that provides or pro-
poses 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 ceire provider applies to the allotment officer 
in the community or district in which child care services 
are to be provided; 
(B) the space is avedlable; and 
(C) the allotment officer determines that— 
(i) the space will be used to provide child care serv-
ices 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, play-
ground equipment, telephone service (including installation of 
lines and equipment and other expenses associated with tele-
phone 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 pa3anent by 
reimbursement to the miscellaneous receipts or other appro-
priate 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 Adminis-
tration 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 associ-
ated 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 instrumentedity 
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 back-
ground 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 £in agreed 
period. 
(5) NOTIFICATION.—No Eunoimts made available by law may 
be used to implement this subsection without advance notice 
to the Committees on Appropriations of the House of Represent-
atives 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 
luider state statute, state regulation, or state-approved terri-
torial 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 sec-
tion does not preclude the Secretary of a military depairtment 
from— 
(A) entering into a contract under section 2394 of title 
10; or 
(B) purchasing electricity from any provider if the Sec-
retary finds that the utility having the applicable state-
approved franchise (or other service authorization) is 
unwilling or vmable to meet unusual standards of service 
reliability that are necessary for purposes of nationsd 
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 shadl 
be deposited into the Fund: 
(A) User charges under section 586(b) of this title, pay-
able 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 dam-
age to, property belonging to the Fund. 
(2) REIMBURSEMENTS FOR SPECIAL SERVICES.—This sub-
chapter does not preclude the Administrator of General Services 
fromi 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 accumu-
lation 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 
£ire 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 BOR-
ROWING 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 Administra-
tion borrowing from the Federal Financing Bank, if the bor-
rowing is a legal obligation of the Fund. 
(4) BUILDINGS DEEMED FEDERALLY OWNED.—For purposes of 
amounts authorized to be expended from the Fund, the fol-
lowing are deemed to be federally owned buildings: 
(A) A building constructed pursuant to the purchase con-
tract authority of section 5 of the Public Buildings Amend-
ments of 1972 (Public Law 92-313, 86 Stat. 219). 
(B) A building occupied pursuant to an installment pur-
chase contract. 
(C) A building under the control of a department or 
agency, if alterations of the building are required in connec-
tion 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 under-
write 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 Fimd 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 pro-
grams; and 
(B) encourage employees to participate in recycling pro-
grams 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, £iny 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 necessEiry. 
§ 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 emplo3dng the severely handi-
capped 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 con-
sistent with section 101 of this title, the purposes of this subchapter 
are— 
(1) to establish procedures to ensure Scife 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 Govern-
ment motor vehicles to official purposes; 
(4) to reduce the nimiber 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 Govern-
ment personnel and property. 
§602. Authority 
to 
establish 
motor 
vehicle 
pools 
and 
transportation systems 
(a) IN GENERAL.—Subject to section 603 of this title, £ind regula-
tions issued under section 603, the Administrator of General Serv-
ices 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 sys-
tems; and 
(3) furnish motor vehicles and related services to executive 
agencies for the treinsportation of property and passengers. 
(b) METHODS OF PROVIDING VEHICLES AND SERVICES.—^As deter-
mined 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 arrange-
ments, 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 analj^ical 
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 £iny deter-
mination 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 determina-
tion; 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 Serv-
ices 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 Govern-
ment 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 retiuTis prop-
erty of a similar kind under section 610 of this title, the 
Government corporation or the fund shgJl 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. Pajnment of costs 
(a) USE OF GENERAL SUPPLY FUND TO COVER COSTS.—The Gen-
eral 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 fur-
nishing 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 Administra-
tor's discretion, prices may include an increment for the esti-
mated replacement cost of motor vehicles and related equip-
ment and supplies. Notwithstanding section 321(f)(1) of this 
title, the increment may be retEuned 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, £ind any increment for estimated replace-
ment cost, shall be recovered only through charges for the cost 
of amortization. Costs shall be determined, and finainciail reports 
prepared, in accordance with the accrusd accounting method. 
§ 606. Regulations related to operation 
(a) IN GENERAL.—The Director of the Office of Personnel Manage-
ment shall prescribe regulations to govern executive agencies in 
authorizing civilian personnel to operate Federal Government-
owned 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 pre-
scribe standards of physical fitness for authorized operators. The 
regidations may require operators and prospective operators to 
obtain state and locsil 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 regula-
tions. The orders and directives shadl 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 Adminis-
trator of G^eneral 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, cor-
poration, or agency that uses the vehicle and the service for 
which the vehicle is used; or 
(B) a title that readily identifies the depgirtment, establish-
ment, 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 viola-
tion 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 investiga-
tion and either appropriate disciplinary action under section 1343, 
1344, or 1349(b) or, if appropriate, referral to the Attorney General 
for prosecution imder 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 con-
ferred 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 agree-
ments. Foreign currencies or credits the Secretary of State 
acquires under the agreements shall be administered in accord-
ance 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 pursuEint to sub-
section (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 Adminis-
trator of Generail 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 pedd 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 sub-
chapter III of chapter 5 of this title. 
(b) IN GENERAL.—^An executive agency may donate mediced mate-
rials 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 materieds 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 warrEinty, under terms £ind 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 prop-
erty has no commercial value or if estimated costs of care 
£uid handling exceed the estimated proceeds from sede. 
(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 Govern-
ment 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 prop-
erty. 
§ 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 disposi-
tions 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 wEirranty. 
(2) WITHDRAWALS.—^A federal agency that deposits proceeds 
in a special accoimt 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. 
Defmitions. 
903. 
Acquisition and use. 
904. 
Disposal. 
905. 
Waiver. 
§ 901. Purpose and policy 
The purpose of this chapter is to promote harmonious intergovern-
mental relations and encourage sound planning, zoning, and land 
use practices by prescribing uniform policies £ind 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 Administra-
tion 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 8ind 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 juris-
diction 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 squEire mile; and 
(C) that portion of a geographical area having a popu-
lation density of at least 1,500 inhabitants per square 
mile and situated adjacent to the boundary of an incor-
porated unit of general local government which has a popu-
lation 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 acquisi-
tion, 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 imit 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 sub-
section (c). 
(b) NOTICE TO PROSPECTIVE PURCHASERS.—TO the greatest extent 
practicable, the Administrator shsdl furnish to all prospective pur-
chasers of real property situated in an urban area complete informa-
tion concerning— 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1129 
(1) current zoning regulations, prospective zoning require-
ments, 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 transpor-
tation facilities) and other government services; £uid 
(C) the effective development and use of human and 
natural resources. 
(2) Preparing long-range physical and fiscal plans for govern-
ment 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 sup-
port 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 nationail 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 
edl 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 fsiir 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 
"architecturgJ 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 associ-
ated 
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, part-
nership, 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.—Tlie 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 antici-
pated 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 dereUct 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 poUce. 
§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 Grovemment in pay-
ment 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 secu-
rity 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 pajnnent 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 pa3rment 
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 prop-
erty as a part of the consideration for the rent to be pedd 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, 
bo£ird, bureau, division, or office in the executive branch, or other 
agency of the Federal Government, including wholly owned Govern-
ment 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 Adminis-
trator 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 prop-
erty referred to in subsection (b) should be used for the accommoda-
tion of a federal agency, the Administrator may make any repairs 
or alterations that the Administrator considers necessary or advis-
able and may maintain and operate the property. 
(e) PAYMENT BY FEDERAL AGENCIES.— 
(1) ASSIGNED REAL PROPERTY.—TO the extent that the appro-
priations 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 sunount 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. Pa3anent 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 prop-
erty, 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 con-
siders 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 para-
graph (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 deter-
mines is no longer needed by the Government. 
(3) PRICE.—Tlie 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 reason-
able. 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 
estabhshment 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 tremsfer of real property 
of the Government in connection with £ui 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 Govern-
ment. 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 sub-
section. 
(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 sub-
section. 
§ 1305. Disposition of land acquired by devise 
The Greneral Services Administration may take custody, for dis-
posal 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 prop-
erty 
(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 prop-
erty, including vessels, vehicles, and surcraft. 
(b) VOLUNTARILY ABANDONED PROPERTY.—Property volimtarily 
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 Adminis-
trator, 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 prop-
erty 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 Adminis-
trator believes should be given the property; or 
(B) on order of the Administrator given within a reason-
able 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 Adminis-
trator 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 Adminis-
trator 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 imder 
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 reason-
able 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). 
99-194O-03-12:QL3Part2 
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.—Reten-
tion 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 for-
feiture. Property acquired under this section when no longer needed 
for official use shall be disposed of in the seune manner as other 
surplus property. 
(f) PAYMENT OF COSTS RELATED TO PROPERTY.— 
(1) AVAILABILITY OF APPROPRIATIONS.—The appropriation 
avEiilable to an agency for the purchase, hire, operation, mainte-
nance, 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 para-
graph (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 approved of the Secretary of the Treasury, 
the Administrator may require an agency to msike 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 aban-
doned property, except provisions of those laws directly in con-
flict with this section which were enacted prior to August 
27, 1935. 
(3) PROPERTY NOT SUBJECT TO ALLOCATION UNDER THIS SEC-
TION.—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 Sub-
stances Act (21 U.S.C. 801 et seq.). 
(B) firegmtns, 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 disposed of 
which the Administrator, with the approval of the Sec-
retary, 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 behgdf of 
the Federal Governm^ent 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 pajrment 
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 £ind 
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 Grovernment or those belonging to financially sound and rep-
utable 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, aban-
doned, or derelict property 
The Administrator of Greneral 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 Grovern-
ment and the property is within the jurisdiction of the United 
States Eind 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 aimounts reeilized 
and received by the Government. 
§ 1310. Sale of war supplies, land, and buildings 
(a) IN GENERAL.—The President, through the head of any execu-
tive department and on terms the head of the department considers 
expedient, may sell to a person, another department of the FedersJ 
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 agsdnst 
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 FedereJ 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 Federsd Government in pa3anent of a debt which afterward 
is fully paid in money and received by the Government may be 
conveyed by the Administrator of GenereJ 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.—TTiis section does not apply to real estate 
the Government acquires in payment of £uiy 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, surested, 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, not-
withstanding 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 pur-
poses; 
(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 leind; and 
(iv) land the Government acquires primarily for fish 
and wildlife conservation piu-poses 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 connec-
tion 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-yesir 
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, Eind 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 Greneral Services, or 
an official of the General Services Administration authorized by 
the Administrator, may appoint uniformed gu£irds of the Adminis-
tration 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 £in official of the Administration authorized 
by the Administrator for property imder 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 depsirtment 
or agency of the Grovernment having property of the Government 
under its administration and control, the Administrator or an offi-
cial of the Administration authorized by the Administrator may 
detail special police for the protection of the property £ind, 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 enforce-
ment 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 with-
out 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. 
if) ADMINISTRATIVE.—The Administrator or £in 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 reason-
able 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 maximima 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, 
6301 
AND JOHN F. KENNEDY CENTER FOR THE PERFORMING 
ARTS. 
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 MEMORL\LS AND 
COMMEMORATIVE 
8901 
WORKS. 
9L COMMISSION OF FINE ARTS 
9101 
93. THEODORE ROOSEVELT ISLAND 
9301 
95. WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE 
9501 
DISTRICT OF COLUMBIA. 
PART A—GENERAL 
CHAPTER 31—GENERAL 
SUBCHAPTER I—OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS 
Sec. 
3101. Public buildingjs 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 drapedf 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 existmg 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 prop-
erty 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 ac-
tivities. 
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 out-
side of military reservations purchased or erected out of any appro-
priation under the control of the Administrator of General Services, 
and the sites of the public buildings, are under the exclusive juris-
diction 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 Greneral 
Services Administration, regardless of whether it was previously 
n£uned by statute. 
§3103. Admission of guide dogs or other service animals 
accompanying individuals with disabilities 
(a) IN GENERAL.—Gmde dogs or other service animals accom-
panying 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 regula-
tions, as generally govern the admission of the public to the prop-
erty. 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 con-
siders necessary in the public interest to carry out this section 
as it applies to any building or other property subject to the individ-
ual's jurisdiction. 
§ 3104. Furniture for new buildings 
Furniture for all new public buildings shall be acquired in accord-
ance 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 FedereJ 
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 agen-
cies 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 depart-
ment or agency of the Gevernment 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 vedidity 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 inay 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 Grovemment. 
(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, firom 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 Grovernor 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 condemna-
tion, under judicial process, when the officer beheves that it is 
necessary or advantageous to the Government to do so. The 
Attorney General, on application of the officer, shall have condemna-
tion proceedings begun within 30 days from receipt of the applica-
tion 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 decleiration 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 teiking, 
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 posses-
sion to the petitioner; and 
(2) may make just and equitable orders in respect of encum-
brances, liens, rents, taxes, assessments, insurance, and other 
chsirges. 
(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 Govern-
ment to the payment of the ultimate award shsdl 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 Govern-
ment 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 )deld, as published by the Bo£u-d 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 para-
graph (1) and interest for each additional year shall be cal-
culated 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 3deld, 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 posses-
sion 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 satisfac-
tory 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 
fi-om wages the contractor pays in canying 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 attrib-
utable 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 eifter 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 pajonent 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 perform-
ance 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 pro-
vide alternatives to pa3anent bonds as pa3nnent 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 FedergJ 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 secreteuy or agency head of the con-
tracting agency shall furnish a certified copy of a payment bond 
and the contract for which it was given to any person appl3dng 
for a copy who submits an affidavit that the person has supplied 
labor or material for work described in the contract and pa3nnent 
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. Applic£ints 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 unpeiid 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 rela-
tionship with a subcontractor but no contractual relationship, 
express or implied, with the contractor furnishing the pa5nnent 
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 Transpor-
tation 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 Federed 
Government and with respect to contracts for manufacturing, pro-
ducing, 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, dis-
ability and sickness insurance, or accident insurance, for 
vacation and holiday pay, for defrajdng the costs of 
apprenticeship or other similEu- progreims, or for other bona 
fide fringe benefits, but only where the contractor or sub-
contractor 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 bene-
fits to laborers and mechanics pursuant to an enforce-
able commitment to carry out a financially responsible 
plan or progrsun 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 £uid 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 shsJl pay all mechanics 
and laborers employed directly on the site of the work, uncondi-
tionally 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 con-
tractor 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, mider this sub-
chapter and other laws incorporating this subchapter by reference, 
may be discharged by making payments in cash, by making con-
tributions 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 combina-
tion 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 pa3anents, 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 pajnnents 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 pa)anents withheld 
under the terms of the contract are insufficient to reimburse 
all the laborers and mechanics who have not been peiid 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 sub-
contractors. 
(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 subcontrac-
tors 
(a) IN GENERAL.—The Secretary of Labor shall prescribe reason-
able regulations for contractors and subcontractors engaged in con-
structing, carrying out, completing, or repairing public buildings, 
public works, or buildings or works that at least partly are financed 
by a loan or grgmt 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 state-
ments. 
§ 3146. Effect on other federal laws 
This subchapter does not supersede or impair any authority other-
wise 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 apphes 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 chari-
table organizations in the construction, repair, or alteration 
(including painting and decorating) of public buildings and public 
works that at least partly are fineinced with federal financial assist-
ance authorized under certain federal programs and that otherwise 
might not be possible without the use of volunteers. 
§3162. Waiver for individuals who perform volunteer serv-
ices 
(a) CRITERIA FOR RECEIVING WAIVER.—The requirement that cer-
tain laborers £ind mechanics be paid in accordance with the wage-
setting 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 Develop-
ment 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 compensa-
tion for services rendered, except as provided in subsection 
(b); £ind 
(D) freely £uid 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 volun-
teering; and 
(4) who otherwise is not employed by the same public sigency 
or recipient of federal assistance to perform the same tj^pe 
of services as those for which the individual proposes to voliui-
teer. 
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 pay-
ments of expenses, reasonable benefits, or a nominal fee only 
in accordance with regulations the Secretary of Labor pre-
scribes. Volunteers who are performing services directly to a 
public or private nonprofit entity may not receive those pay-
ments. 
(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, bene-
fits, or fees) in the context of the economic realities. The regula-
tions 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-of-
pocket 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 shedl decide what con-
stitutes 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 £in expense, ben-
efit, 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 standeirds 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 Gen-
eral 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 aweirds 
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 Govern-
ment 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 dupli-
cating 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 deter-
mined by the Administrator on the basis of estimated or actual 
charges for personed 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 
mechanicsd and other equipment and for accrued euinual leave 
of employees engaged in this work by the establishment of reserves 
for those purposes, shall be deposited in the Treasury as miscella-
neous 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 communica-
tions 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, sur-
veys, 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 prelimineuy 
planning, engineering, architectural, legal, fiscal, and economic 
investigations and studies, surveys, designs, pleins, 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 FedersJ 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 
appur-
tenances, 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) simileu* federal facilities; and 
(xii) Einy other buildings or construction projects the 
inclusion of which the President considers to be justi-
fied 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 euid other purposes); 
(ii) that is on property of the Government in foreign 
coiuitries; 
(iii) that is on Indian £ind native Eskimo property 
held in trust by the Grovemment; 
(iv) that is on land used in connection with federal 
programs for agricultursd, recreational, and conserva-
tion purposes, including research in connection with 
the progrsims; 
(v) that is on or used in connection with river, harbor, 
flood control, recl£imation or power projects, for chem-
ical 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 insteillations (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 pur-
poses; 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 Jime 26, 1930 (19 U.S.C. 68) appHes. 
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 accordeoice with this chapter. 
§3303. Continuing 
investigation 
and survey of public 
buildings 
(a) CONDUCTED BY ADMINISTRATOR.—The Administrator of Gen-
eral Services shall— 
(1) make a continuing investigation and survey of the public 
buildings needs of the Federal Grovemment so that the Adminis-
trator 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 ceurying 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; £ind 
(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 canying 
out the duties of the Administrator under this chapter as deter-
mined necessary by the Administrator to CEirry 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, Eirchitecturgd, 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 pgirticular building. In developing plans for new buildings, 
the Administrator shsQl 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 other-
wise, 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) 
m a y -
CD 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 accord-
ance 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 accord-
ance 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 csirry out the alteration. 
(2) COMMITTEE APPROVAL NOT REQUIRED.— 
(A) THRESHOLD AMOUNT.—^Approval under section 3307 
of this title is not required for £uiy alteration and acquisi-
tion 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 ceilendar 
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 Com-
mittee on Transportation and Infrastructure of the House 
of Representatives. 
(c) CONSTRUCTION OR ALTERATION BY CONTRACT.—The Adminis-
trator 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 activi-
ties" includes the operations of restaurants, food stores, craft 
stores, dry goods stores, financial institutions, and display facili-
ties. 
(2) CULTURAL ACTIVITIES.—The term "cultural activities" 
includes film, dramatic, dance, and musical presentations, £uid 
fine art exhibits, whether or not those activities are intended 
to make a profit. 
(3) EDUCATIONAL ACTIVITIES.—The terms "educational activi-
ties" includes the operations of libraries, schools, day care cen-
ters, laboratories, and lecture and demonstration facilities. 
(4) 
HISTORICAL, 
ARCHITECTURAL, 
OR CULTURAL 
SIGNIFI-
CANCE.—The term "historical, eu-chitectural, or cultural signifi-
cance" 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 activi-
ties" includes the operations of gymnasiums £uid related facili-
ties. 
(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 Greneral 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 £uid 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, edu-
cational, 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 aroimd, 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 £ind 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, etreawide 
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 APPROPRL\TIONS MAY BE 
MADE.—The following appropriations may be made only if the Com-
mittee on Environment and Public Works of the Senate and the 
Committee on Transportation £uid 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 annueJ 
rental in excess of $1,500,000 for use for public piu"poses. 
(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 Govern-
ment 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 Govern-
ment-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 max-
imum 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 fi-om 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 Representa-
tives 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 emer-
gency 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 
coxulroom, 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) appHes if the Administrator— 
(A) decides, for reasons set forth in writing, that leasing 
the space is necessary to meet requirements which CEinnot 
be met in public buildings; and 
(B) submits the reasons to the Committee on Environ-
ment and Public Works of the Senate and the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives. 
(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 Transpor-
tation and Infrastructure of the House of Representatives. 
§ 3308. Architectural or engineering services 
(a) EMPLOYMENT BY ADMINISTRATOR.—When the Administrator 
of CJeneral 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 cor-
poration, 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 materi^ and 
workmanship supplied under a construction contract, approval of 
changes in the construction contract, certification of vouchers for 
pa)maents 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 sdleys become part of 
the site. 
(c) CONSULTATIONS PRIOR TO ACQUISITIONS.— 
(1) WITH HOUSE OFFICE BUILDING COMMISSION.—The Adminis-
trator 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 Adminis-
trator 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 Colimibia 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 Sta-
dium. 
§ 3310. Special rules for leased buildings 
For any building to be constructed for lease to, and for predomi-
nant use by, the Federal Government, the Administrator of General 
Services— 
(1) notwithstanding section 585(a)(1) of this title, shall not 
mEike any agreement or undertake any commitment which will 
result in the construction of the building until the Adminis-
trator 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 estab-
lish 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 specifica-
tions 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 complieince with the 
specifications. 
§3311. State administration of criminal and health and 
safety laws 
When the Administrator of General Services considers it desir-
able, 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 fiscsd 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 Genered 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 £ind 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 edtered by the 
Administration or any other federal agency shall be constructed 
or altered only after consideration of all requirements (except proce-
dural requirements) of the following laws of a State or a political 
subdivision of a State, which woiild apply to the building if it 
were not a building constructed or gdtered by a federal agency: 
(1) 2^ning laws. 
(2) Laws relating to Isindscaping, open space, minimum dis-
tance 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 federsd agency 
authorized to construct or alter the building— 
(A) in preparing plans for the building, shall consult 
with appropriate officials of the State or politicsd subdivi-
sion 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) shsdl 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.—^Appro-
priate officials of a State or politicad subdivision of a State may 
make recommendations to the Administrator or the head of the 
federal agency authorized to construct or ailter 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 meas-
ures which should be taken in the construction or edteration of 
the building to take into account loced 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 pensdty may not 
be imposed against the Government for failure to meet the require-
ments of subsection (b), (c), or (d) or for failure to carry out any 
recommendation under subsection (e). 
(g) LIMITATION ON LIABILITY.—The Government Eind its contrac-
tors shall not be required to pay any amount for any action a 
State or a political subdivision of a State takes to c£irry 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 conteiined in sec-
tion 3305(b) of this title, the carrying out of the duties and powers 
of the Administrator of Genered Services imder 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 pro-
mote efficiency £ind economy. 
(b) No EXEMPTION FROM OTHER PROVISIONS OF CHAPTER.—Dele-
gation 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 COM-
MITTEE.—Within a reasonable time eifter 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 vmcompleted 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.—TTie 
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 Representa-
tives, 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) £ind (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 pleuined with 
the £dd of that advance. Outstanding advances to public agencies 
and Indian tribes in a State shedl not exceed 12.5 percent of the 
aggregate then authorized to be appropriated to the revolving fxuid 
established under section 3503 of this title. 
99.194O-03-13:QL3Part2 
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 pl8inned 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 appro-
priated 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 amoimt 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 Sec-
retary, may use or act through any department or agency of the 
Federal Government, with the consent of the depsirtment 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 liq-
uidated 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 Grovernment" 
has the same meaning that the term "United States" had in the 
Contract Work Hours and Safety Standards Act (PubHc Law 87-
581, 76 Stat. 357). 
(b) APPLICATION.— 
(1) CONTRACTS.—This chapter appHes to— 
(A) any contract that may require or involve the employ-
ment 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 
emplojrment of laborers or mecheinics if the contract is 
one— 
(i) to which 
the 
Government, 
£in agency 
or 
instrumentality of the Grovemment, a territory, or the 
District of Columbia is a party; 
(ii) which is made for or on behgJf of the Government, 
an agency or instrumentality, a territory, or the Dis-
trict of Columbia; or 
(iii) which is a contract for work financed at least 
in part by loans or grants fi'om, 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 subcon-
tractor 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 Coliunbia; but 
(B) not including an employee employed as a seaman. 
(3) EXCEPTIONS.— 
(A) Tins 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 avedlable 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) fi-om the (jovernment or an agency or instrumen-
tality is only a lo£in 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 employ-
ment 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 unpsud 
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 £ind shall be equal to 
$10 for each calendar day on which the individual was required 
or permitted to work in excess of the standeird workweek without 
payment of the overtime wages required by this chapter. 
(d) AMOUNTS WITHHELD TO SATISFY LIABILITIES.—Subject to sec-
tion 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 Govern-
ment, 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 indi-
vidual whose duty it is to approve the pa3nnent of money 
by the Government, territory, or District of Columbia in connec-
tion with the performance of the contract work shall direct 
the amount o
f
— 
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 underpay-
ments 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 £ui amount 
is withheld as liquidated damages, any contractor or subcon-
tractor 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 assistEuice 
for the work, or to the Mayor of the District of Columbia 
in the case of liquidated dsunages 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 liq-
uidated 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 subcon-
tractor 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, notwith-
standing the exercise of due care by the contractor or subcon-
tractor 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 (efif. 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 contrac-
tors 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 con-
tractor 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 dan-
gerous 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 sec-
tion, 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 Sec-
retary, 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)(l)(B)(i) or (ii) of this title, the govern-
mental 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)(l)(B)(iii) of this title, the govern-
mental 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 con-
tractor 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 Grovernment. Unless the Secretary 
otherwise recommends, the contractor, subcontractor, or any 
person in which the contractor or subcontractor has a substan-
tial interest may not be awarded a contract subject to this 
section until three years have elapsed fi*om the date the name 
is transmitted to the Comptroller General. The Secret£iry 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 Comp-
troller 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 imme-
diately 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 covirt 
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 mem-
bers 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 construc-
tion industry engaged in carrying out contracts to which 
this section applies. 
(C) Three members shall be public representatives who 
shedl 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 stand-
ards 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 trgiining 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, 
tolergmces from, and exemptions from, this chapter that the Sec-
retary 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 acquisi-
tion of commercial items not required 
In a contract to acquire a commercial item (as defined in section 
4 of the Ofiice 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 them 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 con-
necting two or more of those structures, and the real property 
underl5dng 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 Lou-
isiana Avenue to the intersection of C Street and Wash-
ington Avenue Southwest, Pennsylvania Avenue Northwest 
from First Street Northwest to Third Street Northwest, 
Maryland Avenue Southwest from First Street Southwest 
to TTiird Street Southwest, Second Street Northeast fi-om 
F Street Northeast to C Street Southeast; C Street South-
east fi-om Second Street Southeast to First Street South-
east; that portion of Maryland Avenue Northeast fi*om Sec-
ond 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 South-
west fi*om 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 Wash-
ington 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 msiintain 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 personsil prop-
erty. 
(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 merchan-
dise, except to or from the United States Capitol on Federal Govern-
ment 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, fountEiin, 
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 INCEN-
DIARY DEVICES.—An individu£d 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 dischairge a fireeirm 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 remeiin 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 Con-
gress 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 pursuEint to rules adopted, or an authorization 
given, by that House; 
(B) enter or remsdn 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 authoriza-
tion 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 Con-
gress; 
(D) utter loud, threatening, or abusive language, or 
engage in disorderly or disruptive conduct, at any place 
in the Grounds or in £iny 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 officigJ 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 p£irty, 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 Grovem-
ment 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 £ind entertainment of Congress, the Presi-
dent 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 assem-
blages, 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 ade-
quate arrangements have been made to maintain suitable order 
and decorum in the proceedings Euid 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 Spesiker 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 politicgJ 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 Comp-
troller General shall conduct the audit £uid 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 Covirt Building and groimds. 
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 "offi-
cial 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 North-
east; 
(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 CEirry 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; £ind 
(2) the heading "SUPREME COURT OF THE UNITED STATES" 
and "CARE OF THE BUILDING AND GROUNDS" are available for— 
(A) improvements, maintenance, repairs, equipment, sup-
plies, 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 equip-
ment or under contract); £uid 
(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 sub-
chapter 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 direc-
tion 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 pre-
scribed 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 REQLTIREMENTS RELATED TO SUBSECTION (a)(2).— 
(1) AUTHORIZATION TO CARRY FIREARMS.—Duties under sub-
section (a)(2)(A) with respect to an official guest of the Supreme 
Court in any State (other them the District of Columbia, Mary-
land, and Virginia) shall be authorized in writing by the Chief 
Justice or an Associate Justice, if those duties require the 
C£irr3ang 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 lan-
guage 
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 assem-
blages 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 i
f
— 
(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 pro-
ceedings; 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 yesirs. 
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" 
meEins— 
(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 Nationad 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 Zoolog-
ical Park comprising all the buildings, streets, service 
roads, walks, and other sireas 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 £iny real estate or land 
or interest in land (including temporary use) that the 
Smithsonian Institution acquires 8ind 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 Constitu-
tion 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 Pennsyl-
vania 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 North-
west; 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 Constitu-
tion 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 Madi-
son 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 Theo-
dore 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 Per-
forming 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 av£iilable 
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 animial), equipment, 
seat, wall, fountain, or other erection or architectural feature, 
or any tree, shrub, plant, or turf, within the specified buildings 
or groiuids. 
§ 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 Institu-
tion, the Trustees of the National Gallery of Art, and the Trustees 
of the John F. Kennedy Center for the Performing Arts may pre-
scribe 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 effiective until the expiration of 10 days after the date of 
publication. 
§ 6305. Suspension of regulations 
To allow authorized services, training programs, £ind ceremonies 
in the specified buildings and grounds, the Secretary of the Smithso-
nian 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 pro-
ceedings; 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 SPECL\L POLICE.—Subject to 
section 5375 of title 5, the Secretsiry 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 poHcing of their respective specified buildings 
and grounds. 
(b) POWERS.—The employees designated as specisd 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 Cap-
ital 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 sub-
section 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, B.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 facili-
ties) 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 Govern-
ment 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 improve-
ments 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 con-
structed under this chapter are not subject to any law of the 
District of Columbia relating to real estate and personal prop-
erty 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 Com-
mittee on Transportation and Infrastructure of the House of 
Representative 
s. 
(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 Mar-
shall Federed 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 agree-
ment 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 occupi-
able 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 
pa)nnents 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 mainte-
nance 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 improve-
ments. 
(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 nec-
essary 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 canying out security duties. 
§6506. Allocation of space 
(a) PRIORITY.— 
(1) JuDiCL\L 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 TTiurgood 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 JUDICL\L BRANCH AND OTHER FEDERAL GOVERN-
MENTAL ENTITIES.—Space made available under subsection (a)(1) 
or (2) is subject to— 
(1) terms and conditions necessary to CEirry 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, msdnteneince, 
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 noti-
fies 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 
avEulable 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.—Pajmaents 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 instalHng furniture and fur-
nishings; 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 
sulbsection (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 £in 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 imder 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 pajrments and reimburse-
ments) 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 appro-
priated amounts may not be more than $2,000,000. 
(b) USE OF AMOUNTS.—^Amounts in the account are avedlable 
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 pa5nQaents 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 Cor-
poration. 
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 Pennsyl-
vania 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 RESPONSIBIL-
ITIES.—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 amoimts 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 Pennsyl-
vania Avenue Development Corporation in and to all leases, 
covenants, 
agreements, 
and 
easements 
the 
Corporation 
executed before April 1, 1996, in carr5ring out its powers and 
duties under the Pennsylvania Avenue Development Corpora-
tion Act of 1972 (Public Law 92-578, 86 Stat. 1266) and the 
Federal Triangle Development Act (Pubhc 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 Govern-
ment as a result of real estate sales or lease agreements 
made by the Corporation and private parties, including— 
(i) the Willard Hotel property on SquEire 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 agree-
ments; 
(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 AssistEuice £uid Real Property Acquisition Poli-
cies 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 Develop-
ment 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 Cor-
poration transferred under this section, the Administrator of 
Greneral Services may— 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1195 
(A) acquire land, improvements, and property by pur-
chase, lease or exchange, and sell, lease, or otherwise dis-
pose of any property, as necessary to complete the develop-
ment 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 Representa-
tives 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 £uid 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 pro-
grams; 
(D) make and perform transactions with an agency or 
instrumentality of the Federal Government, a State, the 
District of Columbia, or euiy person as necessary to CEirry 
out the responsibilities of the Corporation luider 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 develop-
ment in Square 457; and 
(F) use all of the amount trsmsferred from the Corpora-
tion 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 Pennsyl-
vania Avenue National Historic Site, including the parks, 
plazas, sidewalks, special lighting, trees, sculpture, and memo-
rials, 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 manage-
ment, 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 instrumentedity 
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—PENNSYLVANM 
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 (PubHc Law 92-578, 86 Stat. 1266) and is the area 
bounded as follows: 
Beginning at a point on the southwest corner of the intersec-
tion 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 PennsylvEuiia 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 north-
east 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 north-
east comer of the intersection of E Street and Seventh Street 
Northwest; 
thence north along the eastern side of Seventh Street to 
the northeast comer of the intersection of Seventh Street and 
F Street Northwest; 
thence west along the northern side of F Street to the north-
west 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 north-
east 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 north-
west 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 Pennsylvginia 
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 North-
west; 
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 Cor-
poration Act of 1972 (Public Law 92-578, 86 Stat. 1266) do not 
preclude other agencies or instrumentalities of the Federal Govern-
ment 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 improve-
ment of existing building, but not including ordinary maintenance 
or remodeling or changes necessaiy to continue occupancy) shall 
not be authorized or conducted within the development area except 
on prior certification by the Administrator of GenergJ 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 (PubUc Law 92-578, 86 Stat. 1269). 
§ 6714. Relocation services 
(a) USE OF DISTRICT OF COLUMBIA GOVERNMENT.—The Adminis-
trator of General Services may use the services of the District 
of Columbia government in the administration of a relocation pro-
gram pursuant to the Uniform Relocation Assistance and Real 
Property Acquisition Pohcies Act of 1970 (42 U.S.C. 4601 et seq.). 
The Administrator shedl 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 pro-
grams. 
(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 hmited 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 IOCEJ needs and desires 
and to locsJ and regional goals and policies as expressed in 
urban renewal, community renewal, and comprehensive land 
use plans and regional pleins; 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 Einy 
project under this subchapter, the Administrator shall comply with 
all District of Columbia laws, ordinances, codes, £ind regulations. 
Section 8722(d) of this title applies to all construction, rehabilita-
tion, alteration, and improvement of all buildings by the Adminis-
trator under this subchapter. Construction, rehabilitation, alter-
ation, and improvement of any project by non-Federal Government 
sources is subject to the District of Colimibia Official Code and 
zoning regulations. 
§6716. Reports 
(a) REPORTS TO PRESIDENT AND CONGRESS.—The Administrator 
of General Services shall transmit comprehensive and detedled 
reports of the Administrator's operations, activities, Eind accomplish-
ments 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 Adminis-
trator considers desirable. 
(b) PROTECTION AND ENHANCEMENT OF SIGNIFICANT HISTORIC 
AND ARCHITECTURAL VALUES.—^A report imder subsection (a) shall 
include a detailed discussion of the actions the Administrator has 
taken in the reporting period to protect £ind enhemce 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 Eirchitectural preservation. 
SUBCHAPTER III—FEDERAL TRIANGLE DEVELOPMENT 
§6731. Definitions 
In this subchapter— 
(1) FEDERAL TRIANGLE DEVELOPMENT AREA.—The term "Fed-
eral 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 comer 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 £uid Constitution Avenue, Northwest; 
thence east along the northern side of Constitution 
Avenue to the northeast comer 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 Tri-
Eingle 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 Cor-
poration acquired under section 3(b) of the Federal Triangle 
Development Act (PubHc 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 Eirea 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 improve-
ments to the property are not subject to real and personed 
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 
99-194 O - 03 -14 : QL 3 Part 2 
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 GenersJ Services from the date 
title to the Federal Triangle property reverts to the Administrator. 
(c) LIMITATIONS.— 
(1) SIZE OF BUILDING.—The Building (including parking facili-
ties) 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 Govern-
ment buildings. 
(3) DESIGN.—The Building shall— 
(A) be designed in harmony with historical and Govern-
ment buildings in the vicinity; 
(B) reflect the S5anbolic 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 
stemdards 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, £uid 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 Inter-
national 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 rentsd 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 (Pubhc 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 Fed-
eral 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 Transpor-
tation 
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 con-
tracts, 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 ease-
ments 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 rehabiHtation, 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 
adriiinistered 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 pro-
ceeds received from activities authorized by this subchapter, 
including operating and leasing income and payments made to 
the Federal Grovernment 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 sub-
chapter. 
(b) BAN ON USING AMOUNTS FOR HELIPORT.—Amounts appro-
priated luider 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 sub-
chapter may be appropriated to the Secretary of Trsuisportation. 
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 Govern-
ment, 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 mem-
bers 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 visi-
tors 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 canying 
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 draw-
ings 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 oth-
erwise 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 Dy Administrator of General Services. 
8106. 
Buildings on reservations, parks, or public grounds. 
8107. 
Advertisements and sales in or arovmd Wasnington Monument. 
8108. 
Use of public buildings for public ceremonies. 
SUBCHAPTER H-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 authori-
ties. 
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 Dis-
trict 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 cheu^ge of those public buildings and grounds, decides 
that an individual is unlawfully occup3dng 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 unlaw-
ful occupation. 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1205 
(c) EJECTION OF TRESPASSER.—The marshal shall have the tres-
passer 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 Dis-
trict 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, hydreint, 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 Colmnbia. 
§ 8104. Regulation of private and semipublic buildings adja-
cent 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 connec-
tion with establishing the seat of the National Government, and 
the solicitude shown and the efforts exerted by President Wash-
ington 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 architec-
ture 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 Commis-
sion 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 Pennsyl-
vania 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 feiils 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 Plan-
ning Commission and the Commission of Fine Arts, only the 
Administrator of Greneral Services is required to approve sketches, 
plans, and estimates for buildings to be constructed by the Adminis-
trator, 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 Wash-
ington 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-^URISDICTION 
§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, squaire, or reservation in the District 
of Columbia that belongs to the Federal Government; 
(2) reclaim the street, avenue, square, or reservation if unlaw-
fully appropriated; 
(3) prevent the erection of any permanent building on prop-
erty 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, £ind by what authority, the property is occupied or claimed. 
(b) APPLICATION.—This section does not interfere with the tem-
porary 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 acceptcince 
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 Colimibia 
authorities administering properties in the District that are owned 
by the Federal Government or by the District may transfer jurisdic-
tion 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 
Eill 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 .^riculture 
(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 improve-
ment. 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 pur-
poses 
(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 Aque-
duct. 
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 Coliunbia 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 depeulment 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 deter-
mines; and 
(2) connect the building with the Federal Government mains 
in a mEumer 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 Grovemment 
m£iins 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 author-
ized 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 appropria-
tions for that fiscal year. 
SUBCHAPTER IV—MISCELLANEOUS 
§8161. Reservation of parking spaces for Members of Con-
gress 
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 propaga-
tion of trees, shrubs, and plants suitable for plsmting 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 Colimabia, is under the control of the Administrator 
of General Services. 
(b) ALLOCATION OF SPACE.—The allocation of space in the Court-
house 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 Cotul 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 metropoli-
tan 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 Marylemd, and the coiuities 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 metropolit8in region, the necessity for the 
continued and effective performance of the functions of the Govern-
ment 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 activi-
ties of the departments, agencies, Eind instrumentalities of the 
Government which may be carried out in, or in relation to, the 
other areas of the Washington metropolitan region, shall be coordi-
nated 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 Wash-
ington metropolitan area shall be developed and their public affisiirs 
shall be managed so as to contribute effectively towEird the solution 
of the commimity development problems of the Washington metro-
politan 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 Govern-
ment, 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 Wash-
ington metropolitan region, shsill be that the fxmctions, 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 facili-
tate the attainment of the coordinated development of the areas 
of the Washington metropolitan area and the coordinated manage-
ment 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 dis-
posal, 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, legis-
lative, and judicial office buildings located adjacent to the Mall 
and the Capitol Building, and is more particuleirly 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 riuining 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 Constitu-
tion 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 Pennsyl-
vania Avenue Northwest; 
116 STAT. 1212 
PUBLIC LAW 107-217—AUG. 21, 2002 
thence east on Pennsylvania Avenue Northwest to Fif-
teenth Street Northwest; 
thence south on Fifteenth Street Northwest to Pennsyl-
vania 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 North-
west; 
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 intersec-
tion 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 North-
east; 
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 Park-
way; 
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 South-
west; 
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 Foiuleenth Street Southwest to the 
middle of the Washington Channel; 
thence generally south and east along the mid-channel 
of the Washington Ch£innel 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 meem 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 £dong 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 Virginia-
District of Columbia boundary; 
thence generally north and west up the Potomac River 
along the Virginia-District of Colimibia 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 ABLITTED 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 McNsdr, the Wash-
ington Navy Yard, the Anacostia Naval Annex, the United 
States Naval Station, Boiling 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 peirt 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 Rep-
resentatives, 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 £ind all 
laws enacted by the Congress and applicable exclusively to 
the District of Columbia, including regulations and rules pre-
scribed 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 super-
seded. 
(c) AVAILABILITY OF SERVICES AND FACILITIES.—AS far as prac-
ticable, any service or facility authorized by the District of Columbia 
Home Rule Act (Pubhc 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 com-
mittee, commission, or board of the Senate, the House of Represent-
atives, 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 Einy 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 Execu-
tive Ofifice 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. 
S U B C H A P T E R 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 per-
manent 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 metropoli-
t£ui 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 certeiin 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 responsi-
bility 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 char-
acter, 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 sec-
tions 8733-8736) are— 
(A) to secure comprehensive planning for the physicsd 
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 FedergJ 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 £aid 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 £ind future 
needs, best promote public health, seifety, 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 sur-
rounding 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 Mary-
land; 
(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 Plan-
ning 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 Cap-
ital, 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 i^chitect of the Capitol, 
(b) COMPOSITION.— 
(1) MEMBERSHIP.—The National Capital Planning Commis-
sion 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 plan-
ning, 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 per-
forming 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 regEird 
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 Cap-
ital Plgmning Commission include— 
(1) preparing, adopting, and amending a comprehensive plgin 
for the federal activities in the National Capital and meiking 
related recommendations to the appropriate developmental 
agencies; and 
(2) serving as the central planning agency for the Government 
within the National Capital region £ind reviewing the develop-
ment 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 £ind 
Planning Commission, including those formerly vested in the High-
way Commission established by the Act of March 2, 1893 (ch. 
197, 27 Stat. 532), and those formerly vested in the Nationgd Capital 
Park Commission by the Act of June 6, 1924 (ch. 270, 43 Stat. 
463). 
(g) ESTIMATE.—The National Capital Planning Commission shgJl 
sulDmit to the Office of Management £ind Budget before December 
16 of each year its estimate of the total eimount 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 prepeiring 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 multiyeeir 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 comprehen-
sive, consistent, and coordinated plan for the National Capital. 
The plan shall include the Commission's recommendations or pro-
posals 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 recommenda-
tions 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 comprehen-
sive plan, and any amendment, to the Council for revision or modi-
fication, 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 federsil 
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 imple-
mented. 
(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 rec-
ommendations to the Council. 
(B) RESPONSE OF COUNCIL.—On receipt of the Commis-
sion'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 £ind 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 establish-
ment in the Nationed 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 Commis-
sion, 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 shedl 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 th£ui 
one year from the day it was last rejected by the Commission 
is deemed to be a new element or amendmient 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 rec-
ommendations. The Commission may present the proposed revi-
sions annually in a consolidated form. Recommendations by 
federal and District of Columbia authorities Eire 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 com-
ments 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 Commis-
sion, 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 mean-
ingful continuing consultation throughout the planning process 
for the National Capital. 
(2) GOVERNMENT AGENCIES.—In order that the National Cap-
ital may be developed in accordance with the comprehensive 
plan, the Commission, with the consent of each agency con-
cerned as to its representation, may establish advisory £uid 
coordinating committees composed of representatives of agen-
cies of the Federal and District of Columbia Governments as 
may be necessary or helpful to obteiin the maximum amount 
of cooperation and correlation of effort among the various agen-
cies. 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 FedersJ 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, £ind 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 commit-
ment 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 £ind 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 prelimi-
nary 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 responsibil-
ities 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 plan-
ning of the surrounding area. 
(B) ADVANCE DECISIONS OF COMMISSION.—The Commis-
sion 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, gen-
eral plans showing the location, chsiracter, and extent of, and 
intensity of use for, proposed federeil 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 inten-
sity of an existing use in the environs, the Commission shedl 
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 nec-
essary 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 dis-
approval 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 six-
year 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 NationeJ Capital and its envi-
rons. 
(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 (Pubhc 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 Commis-
sion, 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 COMMIS-
SION.— 
(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 pur-
pose. 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 addi-
tion. 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 appro-
priated 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 pur-
poses 
(a) AUTHORITY TO ACQUIRE LAND.—The National Capitol Plan-
ning 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 develop-
ment of the National Capital park, parkway, and playground sys-
tem. 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 COLUMBL\.—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 (PubHc Law 88-241, 77 Stat. 571). 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1225 
(3) LAND IN MARYLAND OR VIRGINIA.—The Planning Commis-
sion may acquire land in Maryland or Virginia under arrange-
ments 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 playgroiind 
purposes to the control of the Mayor of the District of Columbia 
for playground purposes. 
(2) LAND IN MARYLAND OR VIRGINIA.—Land acquired in Mary-
land 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 suffi-
cient 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 mainte-
nance 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 play-
ground 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 Cap-
ital 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 pur-
poses. 
(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 Cap-
ital 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 plain 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 solici-
tation for bids or offers be made as the Secretary considers appro-
priate. The SecretEiry 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 medntain 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 Adminis-
trator 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 significEuice 
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 perpet-
uate 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 his-
tory; 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 Rev-
enue 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 commemo-
rative work in the District of Columbia and its envi-
rons. 
(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 admin-
ister. 
(b) NONAPPLICATION.—This chapter does not apply to commemora-
tive 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 commemora-
tive work may be authorized only to commemorate a war or similar 
major military conflict or a branch of the armed forces. A commemo-
rative 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, individued, 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 COMMIS-
SION.—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 Cap-
ital 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 Commis-
sion; 
(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) CkAiRMAN.—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 Eind 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 beheilf 
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 Commis-
sion, 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 commemo-
rative 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 Adminis-
trator of General Services, as appropriate, shall determine that— 
(1) the site and design have been approved by the Secretsiry 
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 deter-
mine 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 PRESERVA-
TION.— 
(1) AMOUNT.—In addition to the criteria described in sub-
section (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 esti-
mated 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 Secreteiry 
of the Interior or Administrator shall not request more from 
the separate account than the total amount deposited by per-
sons 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 commemo-
rative work if the Secretary or Administrator determines that fund-
raising efforts relating to the work have misrepresented an affili-
ation 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 Sec-
retary of the Interior or Administrator an annual report of oper-
ations, 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 dis-
played 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 Colimabia. 
(b) PLAN.—^A designation may be made under subsection (a) only 
if, at least 120 days before the designation, the Secreteiry, in con-
sultation 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 Represent-
atives, 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 commemora-
tive 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 CONSTRUC-
TION.—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 
99-194 O - 03 -15 : QL 3 Part 2 
116 STAT. 1232 
PUBLIC LAW 107-217—AUG. 21, 2002 
Administrator of Greneral Services, as appropriate, and shall be 
permeinently 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.—Tke Secretary and Adminis-
trator 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 well-
qualified judges of the fine eirts, 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 Commis-
sion. 
(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 squeires, streets, and parks in the District of 
Columbia; 
(2) the selection of models for statues, fountains, and monu-
ments 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)(l)-(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 Plemning Commis-
sion 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 improve-
ments 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 O F COLUMBIA.—The Chief of 
Engineers has the immediate superintendence o
f
— 
(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 Dis-
trict 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 shedl 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 sh£ill 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 Federgd 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 £ind 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 Colimibia 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 Engi-
neers 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, casusdties, and expenditures of 
the Washington Aqueduct £ind 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 msdn pipes of the Washington Aqueduct 
needed to furnish public buildings, offices, and groxinds with the 
necessary supply of water. 
(b) DISTRICT OF COLUMBIA,—The District of Colimibia 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 th£in $500, 
P U B L I C LAW 1 0 7 - 2 1 7 — A U G . 2 1 , 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 Wash-
ington 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 TECH- 11301 
NOLOGY. 
115. INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS 11501 
117. ADDITIONAL INFORMATION RESOURCES MANAGEMENT MAT- 11701 
TERS. 
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 Pohcy Act (41 U.S.C. 403). 
(2) EXECUTIVE AGENCY.—The term "executive agency" h a s 
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.—TTie 
term 
"information 
technology"— 
(A) with respect to an executive agency means any equip-
ment or interconnected system or subsystem of equipment, 
used in the automatic acquisition, storage, manipulation, 
management, movement, control, display, switching, inter-
change, 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 sup-
port 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 secu-
rity; 
(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, £ind 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 prac-
ticable. 
(3) 
APPLICABILITY OF PERFORMANCE-BASED AND RESULTS-
B A S E D 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 com-
puter 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 Manage-
ment 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 INVEST-
MENTS.—^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, Eind risks 
associated with the investments. 
(2) REPORT TO CONGRESS.—At the same time that the Presi-
dent 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 Tech-
nology 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 Govern-
ment-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 accomplish-
ment 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 results-
based 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 informa-
tion 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 proc-
esses 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 organiza-
tion; 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 mis-
sion-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 mis-
sions; and 
(D) ensure that the information security pohcies, proce-
dures, and practices are adequate. 
(3) GUIDANCE FOR MULTIAGENCY INVESTMENTS.—The direc-
tion 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 informa-
tion resources management activities of the executive agencies 
to ascertain the efficiency and effectiveness of information tech-
nology 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 manage-
ment 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 appro-
priations 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 imder 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 invest-
ments 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, finan-
cial, 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, includ-
ing a system of milestones for measuring progress, on an inde-
pendently 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 effective-
ness 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 sup-
ports 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, procediu*es, 
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 tech-
nology 
(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 acquisi-
tions 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 con-
tract for procurement of commercial items of information tech-
nology that requires each executive agency covered by the con-
tract, 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 informa-
tion 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 implementa-
tion of a sound and integrated information technology architec-
ture 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 pro-
grams of the agency, evaluates the performance of those pro-
grams on the basis of the applicable performance measure-
ments, 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 perform-
ance 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 Govern-
ment Performsince and Results Act of 1993 (Public Law 103-
62, 107 Stat. 289)) of title 31— 
(A) assesses the requirements established for agency per-
sonnel regarding knowledge and skill in 
information 
resources msuiagement and the adequacy of those require-
ments for facilitating the achievement of the performance 
goals established for information resources management; 
(B) assesses the extent to which the positions and per-
sonnel 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 defi-
ciency in meeting those requirements; £uid 
(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 compgirable official), shall establish 
policies and procedures to ensure that— 
(1) the accounting, finsincial, 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 pro-
vided on a reliable, consistent, and timely basis to executive 
agency financial msuiagement systems; and 
(3) financial statements support— 
(A) assessments and revisions of mission-related proc-
esses 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 
progrgmi, or £uiy phase or increment of that program, that has 
significantly deviated fi-om the cost, performance, or schedule goals 
established for the program. 
§11318. Inter^ency support 
The head of an executive agency may use amounts available 
to the agency for oversight, acquisition, and procurement of informa-
tion 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 amovmts 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 dur-
ing 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 pri-
vacy of federal computer systems. 
(B) AUTHORITY TO DISAPPROVE OR MODIFY.—The Presi-
dent may disapprove or modify those standards and guide-
lines 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 dele-
gated. Notice of disapproval or modification shall be pub-
lished promptly in the Federal Register. On receiving notice 
of disapproval or modification, the Secret£iry shadl imme-
diately 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 secu-
rity 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 wgdve 
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 oper-
ator 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 stand-
ards. 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. 278g-
3(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 regula-
tions. 
(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, poli-
cies, 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 con-
taining 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 
annuedly as necesssuy 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 pursu-
ant 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 PRO-
GRAM.—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 execu-
tive 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 pro-
gram 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 Procure-
ment 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 prac-
ticable, the head of each executive agency conducting a pilot pro-
gram 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 Procure-
ment 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 rec-
ommends, 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 deter-
mines 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 o
f
— 
(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 adminis-
trative processes of the Federal Government; Eind 
(2) pajdng 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 Adminis-
trator 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 tech-
nology 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 feasi-
bility 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 functionzil 
requirements of the intended users of the information tech-
nology to be acquired, identifies the operationgd improvements 
to be achieved, and defines the performance measurements 
to be applied in determining whether the information tech-
nology acquired satisfies the defined requirements and attains 
the identified results. 
(2) RESULTS-ORIENTED STATEMENT OF WORK.—Use of a state-
ment 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 tesun, 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 representa-
tives of the specific mission or administrative area to be 
supported by the information technology to be acquired, 
a contracting officer, and individuals with relevant exper-
tise. 
(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 pro-
gram 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 selec-
tion factors to be used in accordance with paragraph (4), the 
required terms and conditions, instructions regarding submis-
sion 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 simpHfied evaluation 
process, to be completed within 45 days after receipt of pro-
posals, 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 evalu-
ating personnel reggirding, 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 discus-
sions, 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 Govern-
ment on the basis of cost, the responsiveness, reason-
ableness, 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 subpara-
graph (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 acquisi-
tions 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 Gen-
eral Services shall provide Federed Government-wide on-line com-
puter access to information on products and services that are avail-
able 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 mgike 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 sched-
ules in a fiscal year for £in 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 com-
puter 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 procure-
ment of information technology products and services available 
for ordering through the multiple award schedules. 
(2) 
APPLICABILITY TO MULTIPLE AWARD SCHEDULE CON-
TRACTS.—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 con-
tract 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 Adminis-
trator 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, 
£uid performance and to accept orders electronicsdly 
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 shedl 
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 imder the pilot pro-
greun. 
(ii) The effect that the streEunlined procedures under 
the pilot program have on prices charged under mul-
tiple award schedule contracts. 
(iii) The effect that those procedures have on paper-
work requirements for multiple award schedule con-
tracts and orders. 
(iv) The impact of the pilot program on smsQl 
businesses £uid socially and economically disadvan-
taged 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 aw£U"d 
schedule or portion of a schedule from the pilot progreun 
if the Administrator determines that— 
(i) price competition is not avgdlable 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 Procure-
ment Policy to award contracts under the pilot progrsun shall 
expire four years Eifter 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 equip-
ment 
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, incre-
mental acquisitions, and the need to incorporate commercial 
information technology in a timely manner. 
SUBTITLE IV—APPALACHIAN REGIONAL 
DEVELOPMENT 
OFT 
APTPR 
^p(* 
141. GENERAL PROVISIONS 
14101 
143. APPALACHIAN REGIONAL COMMISSION 
14301 
145. SPECIAL APPALACHL\N 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 Appa-
lachian 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 eco-
nomic development, and to establish a framework for joint 
federsd and state efforts tow£ird 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 £ind 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. Con-
gress 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 fi-ee enterprise economy, 
(b) 1975 FINDINGS AND PURPOSE.— 
(1) FINDINGS.—Congress further finds and declares that while 
substantial progress has been made toward achieving the pur-
poses 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 essen-
tial health, education, and other public services. Congress recog-
nizes 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 
emplo5rment and economic growth and the preservation of nat-
ural 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 accompanjdng growth and change so 
as to maximize the social and economic benefits and mini-
mize the social £uid environmenteil 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 agen-
cies 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, commimity 
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 sub-
sections (a) and (b), it is the purpose of this subtitle— 
(A) to assist the Appalachian region in— 
(i) providing the infrastructure necessary for eco-
nomic 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 commercieJ 
resources more competitive in national and world mar-
kets; 
(B) to provide a framework for coordinating federal, state, 
and local initiatives to respond to the economic competitive-
ness 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 develop-
ment 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 £uid 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, Cal-
houn, 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 AllegEiny, 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, Cher-
okee, Clay, Davie, Fors3^h, Graham, Ha)^wood, Henderson, 
Jackson, McDowell, Macon, Madison, Mitchell, Polk, Ruth-
erford, 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, Tusc£irawas, Vinton, and 
Washington. 
(I) In Pennsylvania, the counties of Allegheny, Arm-
strong, Beaver, Bedford, Blair, Bradford, Butler, Cambria, 
Cameron, Carbon, Centre, Clarion, Clearfield, Clinton, 
Columbia, Crawford, Elk, Erie, Fayette, Forest, Fulton, 
Greene, Huntingdon, Indiana, Jefferson, Juniata, Lacka-
wanna, Lawrence, Luzerne, Lycoming, McKean, Mercer, 
Mifflin, Monroe, Montour, Northumberland, Perry, Pike, 
Potter, Schuylkill, Snyder, Somerset, Sullivan, Susque-
hanna, Tioga, Union, Venango, Warren, Washington, 
Wayne, Westmorelsuid, and Wyoming. 
(J) In South Carolina, the counties of Anderson, Cher-
okee, Greenville, Oconee, Pickens, and Spartanburg. 
(K) In Tennessee, the counties of Anderson, Bledsoe, 
Blount, Bradley, Campbell, Cannon, Carter, Claiborne, 
Clay, Cocke, Coffee, Cimaberland, 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, Roguie, Scott, 
Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van 
Biu-en, 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, Sm3^h, Tazewell, Washington, 
Wise, and Wythe. 
(M) All the counties of West Virginia. 
(2) LOCAL DEVELOPMENT DISTRICT.—The term "local develop-
ment 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 instrtmientality created through 
an interstate compact. 
(D) a nonprofit association or combination of bodies, agen-
cies, 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 chrects 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 Commis-
sion. 
(b) MEMBERSHIP.— 
(1) FEDERAL AND STATE MEMBERS.—The Commission is com-
posed 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 Cochair-
man. 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 com-
pensated by the Federal Grovernment at level III of the Executive 
Schedule as set out in section 5314 of title 5. The Federal Cochair-
man'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 Fed-
eral Cochairman, the staff of the Federal Cochairman, and federal 
employees detailed to the Commission under section 14306(aX3) 
of this title. 
§14302. Decisions 
(a) REQUIREMENTS FOR APPROVAL.—Except as provided in section 
14306(d) of this title, decisions by the Appedachian 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 deci-
sion 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 proposEds 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 canying out the purposes of this subtitle, 
the Appalachian Regional Commission shall— 
(1) develop, on a continuing basis, comprehensive and coordi-
nated 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 agen-
cies, 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 develop-
ment districts; 
(6) encourage private investment in industrial, commercial, 
and recreational projects; 
(7) serve as a focal point and coordinating unit for Appa-
lachian programs; 
(8) provide a forum for consideration of problems of the 
region and proposed solutions and establish and utilize, as 
appropriate, citizens and specisd advisory councils and public 
conferences; 
(9) encourage the use of eco-industrial development tech-
nologies 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 car-
r3dng 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 recommenda-
tions 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 adminis-
trative actions as the Commission considers necessary to fur-
ther the purposes of this subtitle. 
§ 14305. Liaison between Federal Government and Commis-
sion 
(a) PRESIDENT.—The President sheill provide effective eind con-
tinuing liaison between the Federal Government and the Appa-
lachian 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 
c£irrying out subsection (a), the President shall establish the Inter-
agency 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 Cochgdrman 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 gov-
erning 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 maximiun rate of basic pay for the Senior 
Executive Service under section 5382 of title 5, including any 
applicable locality-based comparability pajonent that may be 
authorized under section 5304(h)(2)(C) of title 5; 
(3) request the head of any iFederal department or agency 
to detail to temporeiry duty with the Commission personnel 
within the administrative jurisdiction of the head of the depart-
ment 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) Eirrange 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 retire-
ment and employee benefit system of Commission personnel 
who may not be eligible for, or continue in, amother govern-
mental 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 instriunen-
tality 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 centred 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 Appa-
lachian 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 deter-
mination. Assistance authorized by this subtitle shall not be fur-
nished 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 pajonent of its share of administrative ex-
penses. 
§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 Commis-
sion may conduct additional meetings by electronic means as the 
Commission considers advisable, including meetings to decide mat-
ters requiring an affirmative vote. 
§14308. Information 
(a) ACTIONS OF COMMISSION.—To obtain information needed to 
carry out its duties, the Appsdachian 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 depart-
ment 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 8ind examination by the Comptroller General 
or an authorized representative of the Comptroller Gteneral. 
(b) AUTHORIZATIONS.— 
(1) ADMINISTER OATHS.—^A Cochairman of the Commission, 
or any member of the Commission designated by the Commis-
sion, may administer oaths when the Commission decides that 
testimony shall be teiken 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 develop-
ment, revision, and implementation of all plems and programs under 
this subtitle by the Commission, any State, or any IOCEQ development 
district shall be provided for, encouraged, and assisted. The 
Commission shall develop and publish regulations specifying min-
imum 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, 
gdternate, 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 orgemization with 
whom the 
individual— 
(i) is serving as an officer, director, trustee, partner, 
or employee; or 
(ii) is negotiating or has any Eirrangement concerning 
prospective employment. 
(2) EXCEPTION.—Paragraph (1) does not apply if the indi-
vidual first advises the Commission of the nature and cir-
cumstances 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 substan-
tial 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 sub-
section 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 alter-
nate may not receive any salary, or any contribution to, or 
supplementation of, salary, for services on the Commission 
fi'om 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 Commis-
sion from a source other than the state, local, or intergovern-
mental department or agency from which the individual was 
detailed or from the Commission. 
(3) CRIMINAL PENALTY.—^An individual violating this sub-
section 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 Cochair-
man, 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 develop-
ment 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 sec-
tion 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 develop-
ment district; and 
(iii) the local development district contributions for 
administrative expenses may be in cash or in kind, 
fairly evaluated, including space, equipment, and serv-
ices; 
(B) for assistance to States for a period of not more 
than two years to strengthen the state development plan-
ning process for the Appalachian region and the coordina-
tion 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 pro-
grams, 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 initia-
tives, 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 
grEints 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 com-
bination with amounts available under other federgJ or feder£d 
grant programs, or 
fi*om 
any other source. 
(4) FEDERAL SHARE.—Notwithstanding any law limiting the 
federal share in any other federal or federal grant program, 
amounts appropriated to ceirry out this section may be used 
to increase that federal sheire, as the Commission decides is 
appropriate. 
(b) ASSISTANCE FOR DEMONSTRATIONS OF ENTERPRISE DEVELOP-
MENT.— 
(1) IN GENERAL.—The Commission may provide assistance 
under this section for demonstrations of enterprise develop-
ment, including site acquisition or development where nec-
essary 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 shedl cooperate with the Commission 
and shall provide assistance that the Federed 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 
99-194 O - 03 -16 : QL 3 Part 2 
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 Presi-
dent, shall maintain accurate and complete records of trans-
actions 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 fed-
eral assistance under this section, as required by the Commis-
sion, shall maintain accurate and complete records of trans-
actions 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 Comp-
troller 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 accord-
ance with section 14302 of this title, state and regional development 
plEins 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 state-
ment; 
(3) adequately ensures that the project will be properly 
administered, operated, and maintciined; 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. Itemonstration health projects. 
14503. Assistance for proposed low- and middle-income housing projects. 
14504. Telecommunications and technology initiative. 
14505. Entrepreneurship initiative. 
14506. Regional skills pjutnerships. 
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 Secretsiiy 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, edu-
cational, commercial, industrial, or simileir 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 com-
pleted, each development highway not already on the Federal-
aid primary system shall be added to the system. 
(d) USE OF SPECIFIC MATERIALS AND PRODUCTS.— 
(1) INDIGENOUS MATERIALS AND PRODUCTS.—In the construc-
tion of highways and roads authorized imder 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 Sec-
retary, 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 amoiuits appropriated and allocated 
to the State to CEury 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 I06(a) AND iis.—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 high-
ways and which the Secretary decides are not inconsistent 
with this subtitle shall apply to the system and roads, respec-
tively. 
§ 14502. Demonstration health projects 
(a) PURPOSE.—To demonstrate the value of adequate health facili-
ties and services to the economic development of the Appalachian 
region, the Secretary of Health and HumEin Services may make 
grants for the planning, construction, equipment, Eind operation 
of multi-county demonstration health, nutrition, Eind child care 
projects, including hospitals, regional health diagnostic and treat-
ment 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 luider 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 shsire 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 pro-
vided 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 sec-
tion 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 health-
related 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 oper-
ation 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 oper-
ated 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 con-
ducted 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 author-
ized 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.—Notwith-
standing 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 ALLOT-
MENTS.—Grants under this section— 
(1) shall be made only out of amounts specifically appro-
priated 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 fi*om amoimts 
appropriated to carry out this subtitle. 
(2) DISTRESSED COUNTIES.—The maximum Commission con-
tribution 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 author-
ized 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, diag-
nosis, 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.—^Amoimts allo-
cated 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 c£irry 
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 £ind facilitate the construction or 
rehabilitation of housing to meet the needs of low- and moderate-
income families and individuals, the Secretary may make grants 
£ind loans from the Fund, under terms auid 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 Appa-
lachian Regional Commission establishes, under— 
(1) section 221 of the National Housing Act (12 U.S.C. 17151); 
(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 instrimientality 
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 sub-
section (b) shall not be more than 50 percent (or 80 percent 
for a project to be carried out in a covmty 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 euialyses of market 
needs, preliminary site engineering and architectural fees, site 
options, application and mortgage commitment fees, legal fees, 
and construction lo£in 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 pasrment of a loan 
made under this section, under terms and conditions the Sec-
retary 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 repay-
ment 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, commit-
ment, 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 Sec-
retary or the Commission may provide, or contract with public 
or private organizations to provide, information, advice, and tech-
nical 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 author-
izing 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 telecommuni-
cations, entrepreneurship, and management technologies or 
applications in the region; 
(2) to provide education and training in the use of tele-
communications 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 per-
cent (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 lim-
iting 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 prop-
erty 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 Web-
based services; and 
(4) consultation on strategic planning, marketing, or adver-
tising. 
(b) PROJECTS TO B E 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, entrepre-
neurial 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 imple-
menting 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 serv-
ices. 
(c) LIMITATION ON AVAILABLE AMOUNTS.—Not more than 50 per-
cent (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 lim-
iting 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" 
mieans 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 rep-
resents businesses); 
(B) labor organizations; 
(C) State and local governments; or 
(D) educational institutions. 
(b) PROJECTS TO B E 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 tech-
nology-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 progrsims 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 eimounts 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 per-
cent (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 lim-
iting the federeJ share under any other federal program, amounts 
made available to csirry out this section may be used to increase 
that Feder£il 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. 4601-4 et seq.); 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1273 
(iii) the Watershed Protection £ind Flood Prevention 
Act (16 U.S.C. 1001 et seq.); 
(iv) the C£irl 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 PubHc 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 Develop-
ment 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 develop-
ment 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 
CON-
STRUCTED WITH FEDERAL GRANT ASSISTANCE.—For the purpose 
of this section, any sewage treatment works constructed pursu-
ant 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 con-
structed with that assistance. 
(b) PURPOSE.—To enable the people. States, and local communities 
of the Appalachian region, including local development districts, 
to teike maximum advantage of federal grant progreims 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 Federed 
Cochairman may use amounts made available to carry out this 
section— 
(1) for any part of the basic federad contribution to projects 
or activities under the federal grant programs authorized by 
federal laws; and 
(2) to increase the federal contribution to projects and activi-
ties 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 pro-
vided 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 imder a federal grant program, 
the Federal Cochairman shall accept any finding, report, certifi-
cation, 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 fi'om 
amounts appropriated to carry out this subtitle. 
(2) DISTRESSED COUNTIES.—The maximum Commission con-
tribution 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 maintmned at a level 
which does not fall below the average level of those expenditures 
for the State's last two full fisced 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 applica-
tions 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 RegionEd Commission has approved the 
program or project and has determined that it— 
(A) meets the apphcable criteria under section 14524 
of this title and the requirements of the development plan-
ning 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 estab-
lishing a priority ranking of the requests for assistance presented 
to the Appalachian Regional Commission, the Commission shall 
follow procedures that will ensure consideration o
f
— 
(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 competi-
tion 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 relo-
cating from one area to another. 
(c) DETERMINATION REQUIRED BEFORE AMOUNTS MAY BE PRO-
VIDED.—Amounts may be provided for programs aind 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 Appa-
lachian 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 develop-
ment 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 plan-
ning 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 encour-
age the preparation and execution of areawide action programs 
that specify interrelated projects and schedules of actions, the nec-
essary 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 prac-
ticable, federal departments, agencies, and instrumentalities under-
taking 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 Gov-
ernor 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 
accordEince with criteria the Commission may establish, each 
year shgill— 
(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 economic£illy strong coun-
ties, consisting o
f
— 
(i) "competitive counties", which shall be those coun-
ties in the region that are approaching economic parity 
with the rest of the United States; and 
(ii) "attainment counties", which shall be those coun-
ties in the region that have attained or exceeded eco-
nomic pgirity 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 para-
graphs (3) and (4), assistemce 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 
thEin 30 percent of the project cost. 
(2) ATTAINMENT COUNTIES.—Except as provided in para-
graphs (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 des-
ignated 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 exist-
ence 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 fi*om 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 sub-
contractors 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 Reorganiza-
tion Plan Numbered 14 of 1950 (e£f. 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 fi-om 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 Appa-
lachian development highway system program, the following 
amounts may be appropriated to the Appalachian Regional Commis-
sion 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 STANDAEDS 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-IM- 18101 
PAIRED AND SPEECH-IMPAIRED INDIVIDUALS. 
183. NATIONAL CAPITAL AREA INTEREST ARBITRATION STAND- 18301 
ARDS. 
CHAPTER 171—SAFETY STANDARDS FOR MOTOR 
VEHICLES 
Sec. 
17101. Definitions. 
17102. Prohibition on acquisition or purchase of motor vehicles by Federal Govern-
ment. 
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. TTiose 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 emd 90 days 
after the publication of the standards in the Federal Register. 
CHAPTER 173—GOVERNMENT LOSSES IN SHIPMENT 
Sec. 
17301. Definitions. 
17302. Comphance. 
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. i^reements 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 pa3nnent, 
reimbursement, replacement, or duplication or the expenses 
incident to payment, reimbursement, replacement, or duplica-
tion. 
(2) SHIPMENT.—The term "shipment"— 
(A) means the transportation, or the effecting of transpor-
tation, 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 depart-
ment, independent establishment, agency, wholly owned 
or mixed-ownership Grovemment corporation, officer, or 
employee of the Federal Government, or any person acting 
on behalf of, or at the direction of, the executive depart-
ment, independent establishment, agency, wholly or partly 
owned Government corporation, officer, or employee. 
(3) VALUABLES.— 
(A) DEFINITION.—The term "valuables" means any arti-
cles or things or representatives of value— 
(i) in which the Government, its executive depart-
ments, independent establishments, and agencies, 
including wholly owned Government corporations, and 
officers and employees of the Grovernment or its execu-
tive 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 deter-
mines that replacement of the articles or things in accord-
ance 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 Presi-
dent, 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 establish-
ment, 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) 
COMPLL^NJCB.—Each executive 
depgulment, 
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 ship-
ment 
(a) ESTABLISHMENT.—There is a revolving fund in the Treasury 
known as "the fund for the payment of Government losses in ship-
ment". 
(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 execu-
tive 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 8ire 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 satis-
fied 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, secu-
rities, obligations, or money 
Stamps, securities, or other obligations of the Federal Govern-
ment, 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, inde-
pendent 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 Govern-
ment, 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 Govern-
ment 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 Govern-
ment is not obligated under £in 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 maJ^es 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 Grovernment or that adequate replace-
ment 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 Govern-
ment 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 regula-
tions 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 maiking 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 mecheuiical 
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 Greneral 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 execu-
tive 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 Grovernment and privately owned vehicles used 
for official purposes. 
(b) REQUIREMENTS FOR DATA SYSTEMS.— 
(1) SCOPE OF REQUIREMENTS.—In cooperation with the Comp-
troller General of the United States and the Director of the 
Office of Management and Budget, the Administrator of Gen-
eral Services shall prescribe requirements governing the 
establishment and operation by executive agencies of the sys-
tems 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.—Require-
ments prescribed under this section sheJl 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 com-
pleted 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) justif3dng why the existing and any new motor vehicle 
acquisition, maintenance, leasing, operation, and disposal 
requirements of the agency cannot be met through the Inter-
agency 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 Govern-
ment. 
(b) COMPLLWCE WITH REQUIREMENTS.—The head of each execu-
tive 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 Presi-
dent 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 agen-
cies 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, mainte-
nance, leasing, operation, and disposal of motor vehicles by execu-
tive agencies through— 
(1) the use of a qualified private fleet management firm 
or another private contractor; 
(2) increased reliance by executive agencies on the Inter-
agency 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 £ind 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 estab-
lish, 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 Eunount 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 
Mginagement £uid Budget shall monitor compliance by executive 
agencies with the goads established by the President under sub-
section (a) and shedl include, in each summary and analysis required 
under section 17505 of this title, a statement specifying the reduc-
tions in expenditures by executive agencies, including the Depart-
ment 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 Grovemment-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 "long-
lines 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 commu-
nication facilities in and to Alaska 
(a) IN GENERAL.— 
(1) AUTHORITY OF THE SECRETARY OF DEFENSE.— 
(A) REQUIREMENTS PRIOR TO TRANSFER.—Subject to sec-
tion 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 Sec-
retary of Defense shall transfer for adequate consideration 
any or all long-lines communication facilities in or to Alaska 
under the jurisdiction of the Federal Gk)vemment 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 proAdded 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 Eind 
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 Communica-
tions 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 trainsfer 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 inter-
ruption, except those services reserved by the Federal Govern-
ment 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 
ye£ir from the date of the transfer unless approved by a govern-
mental 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 necesssuy 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 miscellgineous 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 Govern-
ment. 
(2) FEDERALLY GENERATED ELECTRIC ENERGY.—The term "fed-
erally generated electric energy" means any electric power gen-
erated 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 non-
federal 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 gen-
erated 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 fi'om 
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 specificedly 
generated for consumption by, or necessary to serve the require-
ments 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 genera-
tion; 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 nat-
ural gas, the head of a federal agency, when practicable and con-
sistent with other laws and requirements applicable to that agency, 
shall endeavor to purchase electric energy fi-om 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 luider this chapter. 
CHAPTER 181—TELECOMMUNICATIONS ACCESSIBILITY 
FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED IN-
DIVIDUALS 
Sec. 
18101. Definitions. 
18102. Federal telecommunications system. 
18103. Research and development. 
18104. 
T T Y 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 tele-
communications system. 
§ 18102. Federal telecommunications system 
(a) REGULATIONS TO ENSURE ACCESSIBILITY.—The Administrator 
of General Services, after consultation with the Architectiu*al and 
Transportation Barriers Compliance Board, the Interagency Com-
mittee on Computer Support of Handicapped Employees, the Fed-
er£d Communications Commission, and affected federal agencies, 
shall prescribe regulations to ensure that the federal telecommuni-
cations system is fully accessible to hearing-impeiired and speech-
impaired individuals, including federal employees, for communica-
tions 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 
o f n y s . 
(c) DIRECTORY.—The Administrator shall assemble, publish, and 
maintain a directory of TTTs 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 TTVs 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 federaJ agency to comply 
with regulations prescribed under subsection (a). 
§ 18103. Research and development 
(a) SUPPORT FOR RESEARCH.—The Administrator of General Serv-
ices, 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 nec-
essary to achieve the objectives of section 18102(a) of this 
title; Euid 
(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 shgdl establish a policy under which 
Members of the House of Representatives and the Senate may 
obtain TTVs 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 eco-
nomic vitality of the national capital area and is an essential 
component of regional efforts to improve air quality to meet 
environmiental 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 Eu-ea is substantially affected by the 
116 STAT. 1292 
PUBLIC LAW 107-217—AUG. 21, 2002 
prices charged for mass transit services, prices that are substan-
tially aifected 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 capited area ceumot be offset by increasing costs to 
patrons, since this often discourages ridership and thus under-
mines 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 
trsuisit services since local governments generally, and the Dis-
trict of Columbia government in particular, are operating under 
severe fiscal constrednts; 
(6) imposition of mandatory standards applicable to arbitra-
tors 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 gu-bitration 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 emplo3anent, that is required luider 
an interstate compact governing an interstate compact 
agency operating in the nationed capital area; but 
(B) does not include the interpretation and application 
of rights arising fi*om 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" me£ins any interstate compact 
agency that provides public transit services and that was estab-
lished by an interstate compact to which the District of 
Columbia is a signatory. 
§ 18303. Standards for arbitrators 
(a) DEFINITION.—In this section, the term "pubHc welfare" 
includes, with respect to arbitration under an interstate compact— 
(1) the financial ability of the individual jurisdictions partici-
pating 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 teix 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 ren-
dering 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 jurisdic-
tions in the Washington standard metropolitan statistical area, 
services similar to those in the bargaining luiit. 
(5) The special nature of the work performed by the employees 
in the bargEiining unit, including £uiy hazards or the relative 
ease of employment, physical requirements, educational quali-
fications, 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 bar-
gaining 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, holi-
days, £uid other excused absences; 
(B) all benefits received by the employees, including pre-
vious bonuses, insurance, and pensions; and 
(C) the continuity and stability of emplojonent. 
(7) The public welfeire. 
(c) ABILITY TO FINANCE SALARIES AND BENEFITS PROVIDED IN 
AWARD.—^An su-bitrator rendering an arbitration award involving 
the employees of £Ui 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 
pajrments or budgeteiry 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 appHed. 
(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 provi-
sions of this chapter or other laws or rules that apply to 
the arbitration so as to substantiedly 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 af the Capitol, such material and equip-
ment, 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 plsmt, 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 (PubUc 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 CUnger-
Cohen 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 Clinger-
Cohen Act of 1996 (40 U.S.C. 1425)" and substitute "section 
11315 of title 40"; 
(B) in subsection (b), strike "section 5125 of the Clinger-
Cohen 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 (cX3), 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 Prop-
erty 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 euid 
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 
99-194 O - 03 -17 : QL 3 Part 2 
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 
1302oftitle40";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)(l)— 
(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-
2700" 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)(l)— 
(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 D
C 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 Prop-
erty and Administrative Services Act of 1949 (40 U.S.C. 486)" 
Eind substitute "section 121 of title 40". 
(25) In section 4682, strike "section 205 of the Federal Prop-
erty 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 Prop-
erty 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 Prop-
erty 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 Prop-
erty 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 Prop-
erty 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 Prop-
erty 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 Prop-
erty 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 Prop-
erty 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 Prop-
erty and Administrative Services Act of 1949 (40 U.S.C. 
481 et seq.)" Euid 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 sub-
stituting "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 sub-
stitute "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 "sec-
tions 3141-3144, 3146, and 3147 of title 40". 
(f) 
THE 
INTERNAL 
REVENUE 
CODE 
OF 
1986.—Section 
7608(c)(l)(A)(i)(IV) of the Internal Revenue Code of 1986 (26 U.S.C. 
7608(c)(l)(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 Prop-
erty 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 fol-
lows: 
(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)" £ind 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 
3147oftitle40";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-l)" 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 Stat-
utes (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(aX8), 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 
oftitle40";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;". 
(1) 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(8XB), strike "the Computer Security Act 
of 1987 (PubHc Law 100-235)" and substitute "section 11332 
of title 40". 
(4) In section 3502(9)— 
(A) strike "section 5002 of the CHnger-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 Clinger-
Cohen 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 fol-
lows: 
(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 sub-
stitute "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 sub-
stitute "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 Pubhc 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 Prop-
erty 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 £ind 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 
38 USC 2400 
"section 303b of title 40, sections 483 and 484 of title 40" and note. 
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. 
44 USC note 
prec. 101. 
SEC. 5. LEGISLATIVE PURPOSE AND CONSTRUCTION. 
40 USC note 
(a) PURPOSE.—The purpose of this Act is to revise, codify, and 
enact without substantive change the general Eind permanent laws 
of the United States related to public buildings, property, gind 
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 underl5dng provi-
sion 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 eifter 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 
prec. 101. 
116 STAT. 1304 
PUBLIC LAW 107-217—AUG. 21, 2002 
40 u s e note 
prec. 101. 
40 u s e note 
prec. 101. 
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 
1822 
May 7 
1874 
Feb. 4 
Mar. 7 
1876 
July 31 
1877 
Mar. 3 
1878 
June 20 
1879 
Mar. 3 
July 1 
1882 
Aug. 5 
Chapter or 
Public 
Law 
96 
22 
50 
246 
105 
106 
359 
182 
62 
389 
Section 
3 
(proviso) 
(proviso (related to report) in 1st 
par. on p. 115). 
(proviso (related to report) in 16th 
par. on p. 359). 
(words after 2d semicolon in 3d 
par. under heading "Miscella-
neous"). 
(proviso in 2d par. under heading 
"Building and Grounds in and 
Around Washington and the Ex-
ecutive Mansion"). 
1 (words after semicolon in 5th 
par. on p. 388). 
1 (2d sentence in 8th par. on p. 
241). 
Statutes at Large 
Vol-
ume 
3 
18 
18 
19 
19 
19 
20 
20 
21 
22 
Page 
692 
14 
20 
115 
359 
370 
220 
388 
47 
241 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
307 
28 
29 
27 
27 
34 
103 
30 
307 
35 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1305 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
1883 
Jan. 16 
1888 
Aug. 1 
1890 
Aug. 30 
1892 
July 29 
Aug. 1 
1893 
Mar. 3 
1895 
Mar. 2 
1896 
1898 
July 1 
July? 
1899 
Mar. 3 
1900 
Apr. 17 
1901 
Mar. 3 
1902 
Apr. 28 
1903 
Feb, 25 
Mar. 3 
1905 
Mar. 3 
1908 
May 27 
May 30 
1909 
Feb. 9 
Mar. 4 
1910 
May 17 
Chapter or 
Public 
Law 
27 
728 
837 
320 
352 
211 
189 
373 
543 
. 
546 
571 
458 
192 
830 
594 
755 
1007 
1483 
200 
228 
101 
299 
243 
Section 
4 
3 
15 
3 
3 
(words after last comma in 1st 
par. on p. 959). 
5 
1 (6th complete par. on p. 614) 
(last par. under catchline "Capitol 
and Grounds"). 
2 (2d par.) 
(words between 1st and 2d semi-
colons (related to absence, dis-
ability, or vacancy) under catch-
line "Office of the Architect of 
the Capitol"). 
1 (words between 1st and 2d semi-
colons (related to absence, dis-
ability, or vacancy) under catch-
line "Office of the Architect of 
the Capitol"). 
1 (6th, last pars, on p. 152) 
1 (7th par. on p. 865) 
1 (4th complete par. on p. 1112) .... 
1 (words before "namely" in last 
sentence of 9th par. on p. 1161). 
1 (7th complete par. on p. 327, 1st 
complete par. on p. 356, proviso 
on p. 358). 
34 
(3d par. under heading "War De-
partment"). 
1 (proviso in 2d par. on p. 997) 
Statutes at Large 
Vol-
ume 
22 
25 
26 
27 
27 
27 
28 
29 
30 
30 
30 
30 
31 
31 
32 
32 
32 
33 
35 
35 
35 
35 
36 
Page 
405 
357 
412 
325 
340 
715 
959 
268 
570 
614 
672 
1378 
125 
1000 
152 
865 
1112 
1161 
327, 356, 
358. 
545 
615 
997 
371 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
42 
257, 258 
120 
101 
323 
286 
190a 
485a 
79 
285 
164 
89 
164 
164 
19, 31 
484-1 
304 
279 
43 note, 64, 
283 
261 
43 note 
43 
104, 106 
116 STAT. 1306 
PUBLIC LAW 107-217—AUG. 21, 2002 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
June 25 
1912 
Aug. 23 
Aug. 24 
Aug. 26 
1913 
Mar. 3 
Mar. 4 
June 23 
1914 
Aug. 1 
1916 
May 10 
1917 
June 12 
1918 
July 9 
Aug. 31 
1919 
Feb. 25 
Aug. 25 
1920 
Feb. 28 
Mar. 6 
May 29 
June 5 
1921 
Mar. 3 
1922 
Feb. 17 
Mar. 20 
1923 
Jan. 3 
Chapter or 
Public 
Law 
384 
350 
355 
408 
106 
142 
3 
223 
117 
27 
143 
164 
39 
52 
91 
94 
214 
235 
253 
123 
55 
103 
22 
Section 
1 (8th complete par. on p. 728 
(less appropriations)). 
1 (2d complete par. on p. 375) 
1 (last proviso in last par. on p. 
432, 10th par. on p. 444). 
1 (last par. on p. 605) 
1 "Sec. 3", 4 
1 (words after 4th comma in last 
par. on p. 771). 
1 (proviso on p. 17, last proviso in 
2d complete par. on p. 22, 1st, 
3d pars, under heading "Central 
Heating and Power Plant"). 
1 (last par. on p. 633) 
1 (last par. under catchline "Con-
tingent Expenses", last par. less 
proviso under catchline "Rent"). 
1 (words before 10th comma in 4th 
par. on p. 112, last par. on p. 
133). 
(last par. on p. 850) 
1 (6th par., words before "and 
over" in last par. under heading 
"Washington Aqueduct."). 
3 
213 
(proviso in last par. under heading 
"Public Buildings"). 
1 (1st complete par. on p. 642, 
words in par. under heading 
"Independent Treasury"). 
(2d complete par. on p. 913) 
1 (1st par. under heading "Legisla-
tive"). 
(last proviso in 2d par. and 3d par. 
under heading "General Supply 
Committee", last proviso in 1st 
complete par. on p. 387, 1st pro-
viso on p. 388). 
(last par. (related to inspection) on 
p. 430). 
(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). 
Statutes at Large 
Vol-
ume 
36 
37 
37 
37 
37 
37 
38 
38 
39 
40 
40 
40 
40 
41 
41 
41 
41 
41 
41 
42 
42 
42 
Page 
728 
375 
432, 444 
605 
727 
771 
17, 22, 25 ... 
633 
109, 118 
112, 133 
850 
951 
1173 
281 
507 
642, 654 
913 
1035 
1251 
369, 387, 
388. 
430 
1090, 1108, 
1109. 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
105 
251 
68, 280 
174 
323 
38. 
22, 253, 281 
82 
39,40 
22,91 
314 
100 
^14 
271 
316 
272 
42, 285 
113 
186 
307 
25, 284, 
312, 313 
26 
25, 284, 
312, 313 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1307 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Jan. 24 
Feb. 20 
1924 
Apr. 4 
June 5 
June 6 
June 7 
1925 
Jan. 22 
Feb. 26 
Mar. 3 
Mar. 4 
1926 
Mar. 2 
Mar. 3 
Apr. 29 
Apr. 30 
May 13 
May 25 
1927 
Jan. 26 
Feb. 23 
Feb. 24 
1928 
Feb. 15 
Chapter or 
Public 
Law 
42 
98 
84 
264 
270 
303 
87 
339 
462 
549 
556 
43 
44 
195 
198 
294 
380 
58 
168 
189 
57 
Section 
(proviso in 1st complete par. on p. 
1211). 
(par. (related to inspection) under 
catchline "Capitol Power Plant"). 
(proviso in 1st par. and 1st com-
plete par. on. p. 67, last proviso 
in 2d par. under heading "Public 
Buildings, Operating Expenses", 
1st proviso on p. 83). 
(proviso in 2d complete par. on p. 
422). 
l-4(a), (d), (e), 5, 7-13 
Kwords between 1st and 2d semi-
colons (related to inspection) in 
9th par. under heading "Capitol 
Buildings and Grounds"). 
(last proviso in 2d par. and 3d par. 
under heading "(jeneral Supply 
Committee", last proviso in com-
plete par. and 1st proviso in last 
par. on p. 781)). 
(proviso in 1st par. on p. 1176) 
1 (words between 1st and 2d semi-
colons (related to inspection) in 
1st par. on p. 1296). 
1 (1st par. under heading "Public 
Buildings and Grounds"). 
1 (proviso in 1st par. and 1st com-
plete par. on p. 139, last proviso 
in 2d par. under heading 'Tublic 
Buildings, Operating Expenses", 
1st proviso on p. 154). 
1 (last par. under heading "De-
partment of the Interior, Contin-
gent Expenses"). 
(proviso in 3d complete par. on p. 
368). 
1 (words between 1st and 2d semi-
colons (related to inspection) in 
1st par. and 4th complete par. 
on p. 547). 
3, 5 (related to "amendment" by 
Act of Feb. 16, 1931 (ch. 203, 46 
Stat. 1164)), 8. 
1 (last proviso in 1st par. and 1st 
complete par. on p. 1030, last 
proviso in 2d par. under heading 
"Public Buildings, Operating Ex-
penses", 1st proviso on p. 1045). 
1 (words between 1st and 2d semi-
colons (related to inspection) in 
5th par. on p. 1156). 
(provisos in 3d par. on p. 1219) 
(provisos in 3d complete par. on p. 
103). 
Statutes at Large 
Vol-
ume 
42 
42 
43 
43 
43 
43 
43 
43 
43 
43 
43 
44 
44 
44 
44 
44 
44 
44 
44 
44 
45 
Page 
1211 
1273 
67, 82, 83 ... 
422 
463 
587 
766, 781 
983 
1176 
1296 
1323 
139, 153, 
154. 
173 
368 
374 
547 
632, 633, 
635. 
1030, 1044, 
1045. 
1156 
1219 
103 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
115 
26 
25, 284, 
312, 313 
115 
71-71d, 
71f-72, 
73,74 
26 
25, 284, 
312, 313 
2-6 
115 
26 
91 
25, 284, 
312, 313 
117 
115 
71 
26, 222 
343, 345a 
25, 284, 
312, 313 
26 
115, 115a 
115, 115a 
116 STAT. 1308 
PUBLIC LAW 107-217—AUG. 21, 2002 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Mar. 5 
May 14 
May 24 
May 29 
Dec. 20 
Dec. 22 
1929 
Jan. 25 
Feb. 28 
Mar. 1 
June 20 
1930 
Apr. 18 
May 15 
May 16 
June 6 
June 28 
1931 
Feb. 16 
Feb. 20 
Feb. 23 
Feb. 26 
Mar. 3 
1932 
May 20 
May 21 
Chapter or 
Public 
Law 
126 
551 
726 
901 
39 
48 
102 
367 
423 
33 
184 
289 
291 
407 
710 
203 
234 
277 
280 
307 , 
411 
197 
200 
Section 
1 (last proviso in 1st par. and 1st 
complete par. on p. 165, last 
proviso in 2d par. under heading 
"Public Buildings, Operating Ex-
penses", provisos and last sen-
tence in 1st par. on p. 186). 
1 (words between 1st and 2d semi-
colons (related to inspection) in 
last par. on p. 526). 
1(8), (85) 
1 (1st par. on p. 1031, 2d proviso 
and provisos in 1st complete 
par. on p. 1048). 
(provisos in 4th par. on p. 1133) ... 
1 (words between 1st and 2d semi-
colons (related to inspection) in 
8th par. on p. 1396). 
(provisos in 2d complete par. on p. 
212). 
1 (5th par. under heading "Divi-
sion of Supply", 1st proviso and 
provisos in 1st complete par. on 
p. 358). 
1 (words between 5th and 6th 
semicolons (related to inspec-
tion) in 1st par. under heading 
"Capitol 
Buildings 
and 
Grounds", 1st complete par. on 
p. 514 (related to care and oper-
ation of Senate Office Building)). 
1 
1 (words between 5th and 6th 
semicolons (related to inspec-
tion) in 1st par. under heading 
"Capitol 
Buildings 
and 
Grounds", 1st complete par. on 
p. 1184 (related to care and op-
eration of Senate Office Build-
ing)). 
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). 
1 (provisos in 3d par. on p. 1349) .. 
Statutes at Large 
Vol-
ume 
45 
45 
45 
45 
45 
45 
45 
45 
45 
46 
46 
46 
46 
46 
46 
46 
46 
46 
46 
46 
46 
47 
47 
Page 
165, 185, 
186. 
526 
726 
986, 992 
1031, 1048 
1070 
1133 
1396 
1425 
39 
212 
337, 358 
366 
513, 514 
828 
1164 
1183, 1184 
1219, 1234, 
1235. 
1349 
1421 
1494 
161 
163 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
25, 112a, 
284, 312, 
313 
26 
71 
174, 314 
25, 30a, 
284, 313 
72a, 72b 
115, 155a 
26 
271 
161a 
115, 115a 
25, 30a, 
284, 313 
121, 121 
note 
26, 174a 
255 
345a 
26, 174a 
25, 30a, 
284, 313 
115, 115a 
258a— 
258e-l 
276a— 
276a-6 
122 123 
124-126 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1309 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
June 30 
July 1 
Julys 
1933 
Feb. 11 
Feb. 28 
Mar. 1 
Mar. 3 
June 16 
1934 
Jan. 24 
Feb. 15 
Mar. 15 
May 7 
May 30 
June 13 
June 19 
1935 
May 14 
June 27 
Julys 
Aug. 24 
Chapter or 
Public 
Law 
314 
361 
430 
48 
134 
144 
212 
90 
101 
4 
13 
70 
222 
372 
482 
648 
110 
320 
374 
642 
Section 
1 (words between 5th and 6th 
semicolons (related to inspec-
tion) in 1st par. under heading 
"Capitol 
Buildings 
and 
Grounds", 1st par. on p. 392 (re-
lated to care and operation of 
Senate Office Building)), 320, 
321. 
1 (2d, last provisos in 1st par. on 
p. 517). 
1 (1st complete par. on p. 582, last 
proviso in 1st complete par. and 
provisos in last par. on p. 596). 
1 
1 (words between 5th and 6th 
semicolons (related to inspec-
tion) in 1st par. under heading 
"Capitol 
Buildings 
and 
Grounds", last par. on p. 1360 
(related to care and operation of 
Senate Office Building)). 
1 (provisos in 4th par. on p. 1406) 
(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). 
202-210, 220, 303, 304 
7 
34 
1 (words before 1st proviso (re-
lated to continuation of Civil-
Works program)). 
1 (1st complete par. on p. 438, last 
proviso in 2d par. under heading 
"Public Buildings, Operating Ex-
penses", provisos in 1st par. on 
p. 442, last proviso in 4th par. 
under heading "Public Build-
ings, Maintenance and Oper-
ation"). 
1-3 
1 (words between 5th and 6th 
semicolons (related to inspec-
tion) in 1st par. and 5th com-
plete par. on p. 827 (related to 
care and operation of Senate Of-
fice Building)). 
2 
1 (last proviso in 3d par. on p. 
233, last proviso and last par. 
on p. 234). 
(3d complete par. on p. 470 (re-
lated to ceu'e and operation of 
Senate Office Building)). 
Statutes at Large 
Vol-
ume 
47 
47 
47 
47 
47 
47 
47 
48 
48 
48 
48 
48 
48 
48 
48 
48 
49 
49 
49 
49 
Page 
391, 392, 
412. 
517 
582, 596 
799 
1360 
1406 
1491, 1505, 
1506. 
201, 210, 
211. 
305 
336 
351 
438, 441, 
442, 449. 
668 
827 
948 
1044 
233, 234 
425 
470 
793 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
26,174a, 
267a, 
303b 
115, 115a 
25, 30a, 
284, 313 
124, 125 
26, 174a 
115, 115a 
25, 30a, 
284, 313 
402-411, 
413, 414 
315 
191 
411a 
25, 30a, 
284, 313 
13a-13c 
26, 174a 
276c 
22a 
284, 313, 
313a 
22b, 22b 
note, 22c 
174a 
270, 270a, 
270a 
notes. 
270b— 
270d-l 
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 
Vol-
ume 
49 
49 
49 
49 
49 
49 
49 
50 
50 
50 
52 
52 
52 
52 
53 
53 
53 
53 
53 
53 
54 
54 
54 
54 
54 
54 
54 
Page 
800 
879 
885 
1011 
1843, 1844 
1938 
2025 
153, 154, 
163. 
179 
479, 484 
137, 139, 
147. 
391 
693 
802 
672, 674, 
682. 
808 
1033 
1144 
1211 
1358 
19 
69, 70, 77 ... 
334 
399 
472 
764 
764 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
345b, 345c 
304f-304m 
304a-304e 
276a— 
276a-6 
284, 313, 
313a 
290 
421-425 
284, 313, 
313a 
174a 
721, 721 
notes, 
722-729 
284, 313, 
313a 
174a 
311b 
None 
109a, 284, 
313, 313a 
311b 
60a 
121 
72c, 72c 
note, 72d, 
72d note, 
72e, 72e 
note, 74a, 
74a note, 
74b, 74c 
723-725, 
729 
255 
109a, 284, 
313, 313a 
60a 
276a, 276a 
note 
166a 
109, 109a 
304a-304d 
Aug. 26 
Aug. 27 
Aug. 30 
1936 
June 23 
June 25 
June 29 
1937 
May 14 
May 18 
Julys 
1938 
Mar. 28 
May 17 
Jime 15 
June 20 
1939 
May 6 
June 3 
July 15 
July 31 
Aug. 5 
Aug. 10 
1940 
Feb. 1 
Mar. 25 
June 12 
June 15 
June 18 
July 18 
684 
740 
744 
825 
725 
822 
860 
180 
223 
444 
55 . 
236 
400 
534 
115 
176 
281 
400 
449 
665 
18 . 
71 . 
333 
373 
396 
634 
635 
301-308 
1 (last proviso in 2d complete par. 
on p. 1843, last proviso and last 
par. on p. 1844). 
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). 
(last par. on p. 179 (related to care 
and operation of Senate Office 
Building)). 
1-7, 10, 11 
1 (last proviso on p. 137, last pro-
viso and 1st complete par. on p. 
139, last proviso in 1st complete 
par. on p. 147). 
(1st par. under catchline "Senate 
Ofifice Building" (related to care 
and operation of Senate Office 
Building)). 
16 
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). 
(3d par. under heading "Depart-
ment of Vehicles and Traffic ). 
1-3 
(6th and last provisos on p. 69, 1st 
par. on p. 70, last proviso in 2d 
complete par. on p. 77). 
(3d par. under heading "Depart-
ment of Vehicles and Traffic"). 
(last par. under heading "Office of 
the Architect of the Capitol"). 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1311 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Aug. 13 
Sept. 9 
Oct. 8 
Oct. 9 
Oct. 22 
1941 
Mar. 23 
Apr. 29 
May 31 
June 30 
July 1 
Aug. 21 
Dec. 10 
1942 
Feb. 21 
Mar. 10 
Apr. 28 
June 8 
June 27 
Oct. 21 
1943 
June 26 
June 28 
June 30 
July 1 
1944 
Apr. 1 
Apr. 22 
June 26 
June 27 
June 28 
Chapter or 
Public 
Law 
666 
717 
756 
793 
908 
26 
81 
156 
262 
268 
271 
395 
563 
108 
178 
249 
396 
450 
452 
618 
145 
173 
179 
184 
152 
175 
277 
286 
300 
Section 
(3d proviso under heading "Mili-
tary Posts"). 
(1st proviso on p. 968) 
6 
(l£ist proviso in 5th complete par. 
on p. 53). 
1 (6th and last provisos on p. 226, 
2d par. under heading "Procure-
ment Division", last proviso in 
1st complete p£ir. on p. 234). 
(2d proviso under heading "Mili-
tary Posts"). 
(last par. under heading "Office of 
the Architect of the Capitol"). 
(last proviso in 14th par. on p. 
664). 
(words after last comma in 1st 
par. on p. 109). 
(5th and 6th provisos emd 1st com-
plete par. on p. 161, 2d proviso 
on p. 169). 
(last par. under heading "Office of 
the Architect of the Capitol"). 
(1st proviso in 2d complete par. 
and last par. on p. 407). 
101 (proviso in par. under heading 
"Office of the Administrator", 
last proviso on p. 177, 1st and 
2d complete pars, on p. 178). 
(5th and 6th provisos and 1st com-
plete par. on p. 262), 201 (last 
proviso). 
(3d par. under heading "Depart-
ment of Vehicles and Traffic"). 
(words before proviso in last par. 
under heading "Treasury De-
partment"). 
(7th proviso and 1st complete par. 
on p. 206, last proviso in 1st 
complete par. on p. 214). 
101 (last par. under heading "Of-
fice of the Architect of the Cap-
itol"). 
101 (1st proviso on p. 367, 1st pro-
viso In 2d complete par. and last 
pEir. on p. 368, 1st complete par. 
on p. 369). 
Statutes at Large 
Vol-
ume 
54 
54 
54 
54 
54 
55 
55 
55 
55 
55 
55 
55 
55 
56 
56 
56 
56 
56 
56 
56 
57 
57 
57 
57 
58 
58 
58 
58 
58 
Page 
788 
873 
968 
1083 
1208 
53 
147 
226, 234 
375 
457 
529 
664 
796 
109 
161, 169 
247 
341 
407 
451 
797 
176, 177, 
178. 
232 
262, 269 
338 
162 
206, 214 
346 
367, 368, 
369. 
526 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
316 
269a 
269a 
255 
13e 
276a-7 
270e, 270f 
109a, 284, 
313, 313a 
269a 
166a 
60a 
276a-7 
291 
313 
109a, 284, 
313, 313a 
278b 
166a 
277a, 284 
60a 
258f 
7a, 265a, 
277a, 284 
166a 
109a, 284, 
313, 313a 
60a 
756 note 
284, 313, 
313a 
166a 
7a, 265a, 
277a,284 
60a 
116 STAT. 1312 
PUBLIC LAW 107-217—AUG. 21, 2002 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
1945 
Apr. 24 
May 3 
June 13 
June 30 
1946 
Mar. 28 
June 14 
July 1 
July 9 
July 20 
July 31 
Aug. 7 
1947 
July 1 
July 17 
July 25 
July 30 
Aug. 5 
1948 
Apr. 20 
May 14 
June 14 
Chapter or 
Public 
Law 
92 
106 
189 
209 
113 
404 
530 
544 
588 
589 
707 
770 
186 
262 
324 
327 
358 
359 
493 
219 
290 
359 
466 
Section 
(2d proviso and 1st complete par. 
on p. 67, last proviso in 3d par. 
under heading "Public Build-
ings, Maintenance and 
Oper-
ation"). 
101 (proviso in 1st par. under 
heading "Office of the Adminis-
trator", proviso in 1st and 2d 
complete pars., last 
complete 
par., and last par. on p. 114, 1st 
and 2d complete pars, on p. 115). 
101 (2d par. under heading "Office 
of the Architect of the Capitol"). 
(4th proviso in 1st complete par. 
on p. 289). 
101 (proviso in 1st par. under 
heading "Office of the Adminis-
trator", proviso in 1st and 2d 
pars, and 3d-last pars, on p. 67). 
1-4, 7-9 
101 (2d par. under heading "Office 
of the Architect of the Capitol"). 
(4th proviso in 1st complete par. 
on p. 518). 
101 (5th proviso and 1st complete 
peir. on p. 579, last proviso in 3d 
par. 
under 
heading 
"Public 
Buildings, Maintenance and Op-
eration ). 
302 
IS, 10-13, 15, 16(a) 
(55) 
(last proviso and 1st complete par. 
on p. 224, last proviso in 1st 
complete par. on p. 233). 
101 (2d par. under heading "Office 
of the Architect of the Capitol"). 
(4th proviso in 1st par. on p. 443) 
2(a) (5th par.) 
302 
101 (proviso in last complete par. 
and last par. on p. 593, 1st and 
2d complete pars, on p. 594). 
2 (1st sentence) 
101 (proviso in 1st and 2d com-
plete pars., last complete par., 
and last par. on p. 183). 
(5th proviso and 1st complete par. 
on p. 415, 3d complete par. on p. 
416, last proviso on p. 421). 
Statutes at Large 
Vol-
ume 
59 
59 
59 
59 
60 
60 
60 
60 
60 
60 
60 
60 
61 
61 
61 
61 
61 
61 
61 
62 
62 
62 
62 
Page 
67,74 
112, 114 
251 
289 
65,67 
257, 258 
400 
518 
579, 585 
595 
718, 719, 
720. 
870 
224, 233 
369 
443 
451 
583 
593, 594 
774 
183 
235 
281 
415, 416, 
421. 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
284, 313, 
313a 
7a, 265a, 
277a, 284, 
292, 293 
166a 
60a 
7a, 265a, 
277a, 284, 
292 
128, 295, 
296, 304b, 
304c, 341 
note 
166a 
60a 
284, 313, 
313a 
33a 
193a-193h, 
193h 
note, 
193i-
193m, 
194-205, 
213 
314 
284, 313, 
313a 
166a 
60a 
101 note 
33a 
277a, 284, 
292 
303 
277a, 284, 
292 
129a-130a 
318-318d 
284, 313, 
313a, 756 
note 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1313 
Schedule of Laws RepesJed—Continued 
Statutes at Large 
Date 
June 19 
June 25 
June 30 
1949 
May 24 
June 16 
June 22 
June 29 
June 30 
Aug. 18 
Aug. 24 
Oct. 13 
Oct. 26 
1950 
July 18 
Sept. 5 
Sept. 6 
Sept. 27 
1951 
Aug. 3 
Aug. 31 
Chapter or 
Public 
Law 
467 
555 
646 
773 
139 
218 
235 
279 
286 
288 
479 
506 
685 
737 
467 
849 
896 
1052 
292 
376 
Section 
101 (last par. under heading "Of-
fice of the Architect of the Cap-
itol"). 
(4th proviso in 1st complete par. 
on p. 553). 
6,27 
302 
134 
404, 405, 410-413 
101 (1st complete par. on p. 224) .. 
(1st proviso on p. 319) 
(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"). 
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), ichie), 
603, 605, 606, 
801-806, 901-905. 
101 (provisos and 3d and 4th com-
plete pars, on p. 640), 307. 
1-5, 7, 8 
(3d proviso on p. 364) 
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. 
(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"). 
(par. under heading "General Sup-
ply Fund"). 
(3d proviso in 1st par. on p. 167) .. 
Statutes at Large 
Vol-
ume 
62 
62 
62 
62 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 
64 
64 
64 
64 
65 
65 
Page 
430 
553 
986, 990 
1194 
108 
199, 200 
224 
319 
363, 364 
377, 381, 
382, 383, 
385, 397, 
399, 401, 
403. 
616 
640, 662 
841, 842 
920 
364 
578, 583, 
590, 591. 
602, 706, 
708, 764. 
1056 
167 
275 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
166a 
60a 
13c, 257 
33a 
276c 
298a, 298a 
note, 
298b, 
298d, 356, 
356a 
166a 
60a 
313-1, 
314a, 756 
note 
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 
13f-13p 
33a, 277a, 
284, 292 
451-455, 
457, 458 
482 
60a 
471 note. 
472, 472 
note, 473, 
474, 475, 
481, 484, 
486, 490, 
491, 492, 
752, 756, 
756 note, 
758 
33a, 166a, 
278c, 
313-1, 
756 note 
756 note 
60a 
313-2 
116 STAT. 1314 
PUBLIC LAW 107-217~AUG. 21, 2002 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Oct. 11 
Oct. 24 
Oct. 31 
Nov. 1 
1952 
July 5 
July 9 
July 10 
July 12 
July 15 
July 19 
1953 
July 31 
Aug. 1 
Aug. 7 
Aug. 8 
1954 
June 24 
June 30 
July 1 
July 2 
July 14 
Aug 2 
Aug. 26 
Aug. 30 
Aug. 31 
Sept. 1 
1955 
May 25 
June 3 
June 29 
June 30 
Julys 
July 13 
Aug. 1 
Chapter or 
Public 
Law 
485 
559 
654 
664 
576 
598 
630 
703 
758 
949 
299 
304 
305 
340 
399 
359 
432 
449 
455 
481 
649 
935 
1076 
1178 
1211 
76 
129 
130 
226 
244 
272 
358 
442 
Section 
(last par. under heading "Office of 
the Architect of the Capitol"). 
1-9, 11 
1(73W97), 2(1), (20), (24), 4(8) 
1307 
(3d proviso in 1st complete par. on 
p. 385, proviso on p. 400). 
(last par. under heading "Office of 
the Architect of the Capitol"). 
633 
l(a)-(l) 
1407 
1 "Sec. l-4(a), (d), (e), 5, 7-10", 2 
(4th proviso in 1st complete par. 
on p. 290, last proviso on p. 304). 
(last psir. under heading "Onice of 
the Architect of the Capitol"). 
630 
1307, 1316 
723 
(last proviso on p. 386) 
(last par. under heading "Office of 
the Architect of the Capitol"). 
702(a), (b), (dHg), 703 
1307 
(20) 
1-4 
207 
(3d par. under heading "Depart-
ment of Vehicles and Traffic"). 
622 
Statutes at Large 
Vol-
ume 
65 
65 
65 
65 
66 
66 
66 
66 
66 
66 
67 
67 
67 
67 
67 
68 
68 
68 
68 
68 
68 
68 
68 
68 
68 
69 
69 
69 
69 
69 
69 
69 
69 
Page 
396 
634 
704, 706, 
707, 709. 
756 
385, 400 
472 
537 
593 
660 
781, 787, 
789. 
290, 304 
327 
355 
436, 439 
521 
282 
355 
386 
405 
474 
641 
829 
967 
1051 
1126 
66 
83 
83 
196 
205 
254 
319 
430 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
166a 
193n-193v, 
193x 
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 
33a 
60a, 313-2 
166a 
483a 
472, 483, 
484, 487, 
490, 756, 
41:259 
33a 
71, 71 note, 
71a-71d, 
71f-72, 
73,74 
60a, 313-2 
166a 
483a 
33a, 483b 
484 
313-2 
483a 
60a 
166a 
484 
460, 462 
33a 
122 
485 
471, 472, 
490, 491, 
491 note 
106 
270e 
484, 484 
notes 
33a 
313-2 
60a 
4S3a 
484 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1315 
Schedule of Laws Repealled—Continued 
Statutes at Large 
Date 
Chapter or 
Public 
Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
Aug. 5 
Aug. 11 
Aug. 12 
1956 
June 13 
June 27 
June 29 
July 2 
July 3 
July 27 
Aug. 3 
1957 
June 5 
June 29 
July 1 
Aug. 2 
1958 
Feb. 28 
June 25 
July 2 
July 18 
July 31 
Aug. 19 
Aug. 22 
Aug. 23 
Aug. 27 
Aug. 28 
Aug. 28 
Sept. 2 
1959 
May 20 
June 25 
July 8 
Aug. 4 
Aug. 18 
Aug. 21 
Sept. 1 
568 
783 
874 
385 
452 
453 
479 
488 
513 
748 
942 
85-48 . 
85-69 . 
85-75 . 
85-117 
85-337 
85-468 
85-486 
85-493 
85-542 
85-570 
85-680 
85-724 
85-726 
85-781 
85-800 
85-844 
85-886 
86-30 
. 
86-70 . 
86-79 . 
86-135 
86-166 
86-176 
86-215 
(2d par. under heading "Office of 
the Architect of the Capitol"). 
112 
1.2 
207 
(2d par. on p. 344, 3d par. on p. 
345). 
(2d par. under heading "Office of 
the Architect of the Capitol"). 
(3d par. under heading "Depart-
ment of Vehicles and Traffic"). 
618 
1-3, 5 
(par. under heading "General Sup-
ply Fund"). 
207 
(3d complete par. on p. 231, 5th 
complete par. on p. 232). 
(2d par. under heading "Office of 
the Architect of the Capitol"). 
618 
5 
207 
(l£ist par. under heading "Sala-
ries"). 
617 
1406 
12.!!!!..""..."....!.!....! 
!!....!.!....!"...! 
(par. under heading "General Sup-
ply Fund", last par. on p. 1069). 
1.3 
(par. under heading "General Sup-
ply Fund"). 
30(a) 
207 
616 
(2d 
par. 
under 
heading 
"Salaries") 
69 515 
641 
721 
281 
344, 
345 .
. 
365 
447 
471 
493, 
495 .
. 
686 
1020 
54 
231, 
232 .
.
, 
251 
326 
29 
225 
288 
294 
399 
448 
631 
727 
808 
936 
967 
1068, 1069 
1709 
43 
148 
166 
279 
381 
407 
446 
166a 
462 
472 
33a 
313-2, 
756 
note 
166a 
60a 
483a 
484, 
484 
note 
756 
note 
484 
33a 
313-2, 
756 
note 
166a 
483a 
472 
33a 
484 
304c, 
490 
298d 
166a 
488 
483a 
474 
481 
276c 
313-2, 
756 
note 
490 
756 
note 
472 
33a 
270b, 
270b 
note, 
270c 
483a 
166a 
485 
116 STAT. 1316 
PUBLIC LAW 107-217—AUG. 21, 2002 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Sept. 9 
Sept. 14 
Sept. 23 
1960 
May 13 
June 27 
July 5 
July 7 
July 12 
Sept. 13 
1961 
Mar. 31 
June 30 
July 6 
July 20 
Aug. 3 
Aug. 10 
Aug. 17 
Sept. 22 
Oct. 4 
1962 
May 24 
June 8 
July 25 
Aug. 6 
Aug. 9 
Aug. 13 
Aug. 24 
Aug. 31 
Sept. 14 
Sept. 25 
Chapter or 
Public 
Law 
86-249 
86-255 
86-372 
86-461 
86-527 
86-591 
86-601 
86-608 
86-624 
86-626 
86-628 
86-642 
86-764 
87-14 
87-70 
87-82 
87-94 
87-125 
87-130 
87-141 
87-144 
87-275 
87-372 
87-456 
87-476 
87-545 
87-571 
87-577 
87-581 
87-600 
87-619 
87-658 
87-683 
Section 
1-17(5), (7H23), 19-21 
' 
• 
(4th par. under heading "General 
Provisions"). 
801 
516 
26, 27(a)-(c) 
101 (3d and 6th complete pars, on 
p. 434). 
(last par. under heading "Sala-
ries*"). 
207 
(par. under heading "General Sup-
ply Fund"). 
502 
2 
507 
(last par. under heading "Sala-
ries"). 
(par. under heading "General Sup-
ply Fund", 2d par. on p. 353). 
616 
303(b) 
(par. under heading "General Sup-
ply Fund"). 
516 
1, 2, 101-108, 203, 204 
6 
Statutes at Large 
Vol-
ume 
73 
73 
73 
74 
74 
74 
74 
74 
74 
74 
74 
74 
74 
75 
75 
75 
75 
75 
75 
75 
75 
75 
75 
76 
76 
76 
76 
76 
76 
76 
76 
76 
76 
Page 
479, 484 
507 
686 
128 
223 
330 
352 
363 
418 
434 
455 
478 
904 
25 
175 
199 
213 
283 
329 
351, 353 
378 
574 
802 
78 
92 
212 
307 
331 
357, 360 
401 
414 
544 
575 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
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 
313-2 
462 
106 
131, 131 
note, 132-
135 
756 
483a 
345c 
276a, 472, 
491, 514 
313-2, 484a 
166a 
33a 
126 
756 note 
462 
174J-2 
484 
33a 
166a 
313-2, 756 
note 
483a 
318d 
756 
474 
607 
756 note 
193f, 193h 
483a 
321, 321 
note, 322, 
324r-327, 
327 notes, 
328-334 
756 
486 
462 
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 
Vol-
ume 
Page 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
Oct. 2 
Oct. 3 
Oct. 10 
Oct. 23 
1963 
May 17 
Oct. 17 
Dec. 19 
Dec. 30 
1964 
July 2 
Aug. 1 
Aug. 14 
Aug. 19 
Aug. 20 
Aug. 30 
Sept. 2 
1965 
Mar. 9 
June 2 
July 27 
Aug. 10 
Aug. 16 
Sept. 8 
Sept. 29 
Oct. 20 
Nov. 8 
1966 
Aug. 27 
Sept. 6 
Oct. 15 
Oct. 29 
Nov. 2 
Nov. 7 
1967 
May 25 
May 29 
87-730 
87-741 
87-786 
87-847 
87-852 
88-25 
. 
88-149 
88-215 
88-248 
88-349 
88-391 
88-426 
88-446 
88-454 
88-507 
88-515 
88-560 
89-4 .
.
.
. 
89-30 
. 
89-90 
. 
89-117 
89-128 
89-173 
89-213 
89-276 
89-343 
89-344 
89-348 
89-545 
89-555 
89-670 
89-687 
89-698 
89-719 
89-790 
90-19 . 
90-21 . 
(last par. under heading "Sala-
ries"). 
(par. under heading "General Sup-
ply Fund", last par. on p. 727). 
(par. under heading "General Sup-
ply Fund"). 
516 
(par. under heading "(General Sup-
ply Fund", 4th par. on p. 436). 
(last par. under heading "Sala-
ries"). 
1 
203(d) (related to Assistant Archi-
tect of the Capitol), (e). 
516 
(last par. under heading "Sala-
ries"). 
(2d complete par. on p. 655) 
602 
1, 2, 101-108, 201, 202, 207, 214, 
221-226, 301-304, 401-405. 
1-4 
(1st par. on p. 276) 
1104 
(2d complete par. on p. 531) 
1, 5(a), 6 
616 
2(^''ZZZZZZZZZ'Z''ZZ 
(last par. under heading "Sala-
ries' ). 
(4th par. on p. 674) 
8(b) 
616 
401 
105(b) 
7, 10(a) (related to §702), (d) 
(par. under heading "General Sup-
ply Fund"). 
78 
688 
725, 727 
805 
1117 
1129 
26 
267 
434, 436 
812 
238 
365 
415 
477 
544 
655 
696 
799 
5, 17 
118 
276 
503 
531 
663, 665, 
666. 
876 
1010 
1303 
1304 
1312 
364 
674 
942 
994 
1072 
1139 
1424 
22 
33 
166a 
313-2, 756 
note 
484 
757 
319c 
756 note 
483a 
313-2, 756 
note 
166a 
276a 
193r, 193t, 
193v, 
193x 
166b, 166b-
1 
483a 
166a 
313-2 
701, 701 
note, 702, 
703 
462 
40 App.:l, 
2, 101-
108, 201, 
202, 207, 
214, 221-
226, 301-
304, 401-
405 
301, 306, 
308-310 
166a 
462 
313-2 
684, 685 
483a 
490 
474 
490 
484 
166a 
313-2 
40 App.:201 
483a 
214a 
270a 
71 note 
460, 462, 
474 
756 note 
116 STAT. 1318 
PUBLIC LAW 107-217—AUG. 21, 2002 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
Public 
Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
July 28 
Sept. 29 
Oct. 11 
Oct. 20 
Nov. 3 
Nov. 14 
Dec. 16 
1968 
Mar. 12 
June 19 
Julys 
July 23 
July 23 
Aug. 1 
Oct. 4 
Oct. 16 
Oct. 17 
Oct. 22 
1969 
June 30 
Aug. 9 
Nov. 25 
Nov. 26 
Dec. 9 
Dec. 12 
Dec. 29 
1970 
May 21 
June 30 
90-57 . 
90-96 , 
90-103 
90-108 
90-121 
90-135 
90-206 
90-264 
90-351 
90-376 
90-417 
90-417 
90-448 
90-550 
90-577 
90-580 
90-626 
91-34 . 
91-54 . 
91-123 
91-126 
91-143 
91-145 
91-171 
91-258 
91-297 
(last par. under heading "Sala-
ries"). 
616 
101-104, 106, 107, 112, 116-123 .. 
(2d complete par. on p. 349) 
219(3), (4) 
1, 
101-107, 
109-116(aXl), 
(b), 
117-120, 201-203. 
525 
3 
(2d par. under heading "Salaries") 
(last par. under heading "Sala-
ries**). 
201(f), 607, 807(f) 
(2d complete par. on p. 944) 
, 
501 
516 
2(c) 
101-104, 106-111 
(4th par. under heading "General 
Provisions"). 
8 
(last par. under heading "Sala-
ries ). 
617 
52(bX5) 
201(c) 
81 
136 
81 
81 
82 
83 
245 
257, 258, 
261, 263. 
275 ... 
349 ... 
441 ... 
639 ... 
43,45 
286 
407 
407 
502, 534, 
544. 
944 
1104 
1132 
1319 
41 
96 
214, 215 
228 
322 
350 
483 
235 
357 
166a 
483a 
40 App.rl 
note, 102, 
105, 106, 
201, 202, 
207, 214, 
221, 223 , 
224, 302, 
303, 401, 
403 
101, 193a, 
193a note, 
193f, 
193h, 
193m 
313-2 
771, 771 
note, 781-
786, 791, 
792 
166b, 166b-
1 
801, 801 
note, 802-
804, 804 
note, 805-
808, 811-
819a, 
821-823 
484 
193v 
166a 
167a note 
462, 612, 40 
App.:207 
313-2 
531, 531 
note, 532-
535 
483a 
490 
193m 
327 notes, 
333 
40 App.:l 
note, 105, 
201, 202, 
207, 214, 
302, 401, 
403, 405 
313-2 
651, 652, 
661, 663-
665, 671, 
682-684 
166a 
483a 
40 App.:214 
210a note 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT, 1319 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
Public 
Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
July 29 
Aug. 12 
Aug. 18 
Sept. 1 
Sept. 26 
Oct. 17 
Oct. 21 
Oct. 22 
Oct. 26 
Oct. 27 
Dec. 17 
1971 
Jan. 11 
July 9 
Aug. 5 
Dec. 18 
1972 
June 16 
June 22 
July 10 
Aug. 4 
Oct. 21 
Oct. 26 
Oct. 27 
1973 
July 6 
July 10 
Aug. 6 
Nov. 1 
Dec. 24 
Dec. 29 
1974 
Jan. 2 
Aug. 13 
Aug. 22 
Aug. 30 
91-358 
91-375 
91-382 
91-393 
91-426 
91-466 
91-469 
91-485 
91-510 
91-513 
91-556 
91-668 
92-49 . 
92-51 . 
92-65 . 
92-204 
92-313 
92-317 
92-342 
92-362 
92-520 
92-570 
92-578 
92-582 
93-62 . 
93-72 . 
93-83 . 
93-145 
93-198 
93-226 
93-238 
93-371 
93-383 
93-400 
173(a)(1) 
6(m) 
(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). 
1,2,4 
39 
2-4 
451(a) 
1102(o) 
(4th par. under heading "General 
Provisions"). 
817 
611 
deist par. under heading "Sala-
ries**). 
201-204, 206, 208, 210-214 
717 
1-4, 7, 11 
3(f) 
(last par. under heading "Sala-
ries*). 
1 
1,41 
717 
1-14, 16, 17 
2'ZZZZZZZZZZZZ""Z 
(last par. under heading "Sala-
ries"). 
203, 739(aHc), (eHg)(2), (7), (8), 
(h)-(j). 
717 
(last par. under heading "Sala-
ries**). 
401(c) 
15 
84 
85 
86 
86 
87 
87 
88 
591 
782 
817, 818 
835 
883 
990 
1036 
1084 
1193 
1293 
1448 
2033 
124 
137 
168, 169, 
171. 
730 
216, 221, 
222. 
235 
442 
503 
1019, 1026 
1199 
1266, 1274 
1278 
146 
169 
216 
540 
779, 825, 
826, 829. 
943 
1041 
437 
691 
800 
129a note 
356, 474, 
615, 723, 
724 
166a, 166b-
1 
255, 256, 
258e 
481, 512 
521-524 
270f 
484 
193n-l 
304m 
313-2 
483a 
313-2 
166a 
40 App.:l 
note, 105, 
106, 201, 
201 note, 
202, 207, 
214, 223 
note, 302, 
401, 405 
483a 
490, 601 
note, 603, 
603 notes, 
606, 611 
14a 
166a 
484 
601 note, 
616 note 
483a 
871, 871 
note, 872-
885 
541-544 
802, 804 
607 
484 
166a 
13n, 71a, 
71c-71g, 
136, 193a 
193a note 
483a 
166a 
460 
474, 487, 
581 
116 STAT. 1320 
PUBLIC LAW 107-217—AUG. 21, 2002 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
Public 
Law 
Section 
Statutes at Large 
Vol-
ume 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
Oct. 1 
Oct. 8 
Oct. 26 
Dec. 21 
1975 
Jan. 2 
July 25 
Aug. 9 
Dec. 31 
1976 
Feb. 9 
Apr. 21 
Aug. 3 
Aug. 14 
Sept. 22 
Oct. 1 
Oct. 17 
Oct. 18 
1977 
Aug. 5 
Sept. 21 
Nov. 18 
1978 
Sept. 30 
Oct. 10 
Oct. 13 
Oct. 20 
Oct. 24 
Nov. 2 
Nov. 6 
Nov. 10 
1979 
July 25 
July 30 
Aug. 15 
93-427 
93-437 
93-478 
93-529 
93-594 
93-599 
93-604 
94-59 
. 
94-82 
. 
94-91 . 
94-188 
94-212 
94-273 
94-375 
94-388 
94-419 
94-440 
94-519 
94-541 
95-94 . 
95-111 
95-193 
95-391 
95-431 
95-457 
95-491 
95-506 
95-585 
95-598 
95-599 
95-629 
96-38 . 
96-41 . 
96-60 . 
817 
(par. under heading "Appalachian 
Regional 
Development 
Pro-
grams"). 
701 
(3d par. under heading "Salaries") 
204(b) "Sec. 203(d) (related to As-
sistant Architect of the Capitol)" 
401 
101-111, 113, 115-122, 124 
717 
2(19), 21 
16(b) 
717'";!!!!;!;!!""!!!!!;"!;"!!!;!!!!!!!!!!!;;!!!;!!^ 
(last par. under heading 'Sala-
ries*'). 
1-5, 7-9 
105 
(2d par. under heading "Salaries") 
817 
(last par. under heading "Sala-
ries"). 
(proviso in par. under heading 
"Care 
of 
the 
Building 
and 
Grounds"). 
818 
325 
i38(ax'(b)"!!"!!!!I"!!"!"!!!!!!;!";!!!I!;! 
101 
(par. under heading "General Sup-
ply Fund"). 
3(d) 
203(c) 
88 
88 
90 
93 
1170 
1228 
1449 
1711 
1926 
1954 
1963 
287 
421 
452 
1079, 1082, 
1083, 
1086. 
171 
375, 
379 
.
.
.
. 
1076 
1188 
1294 
1452 
2451, 
2456 
2505 
672 
. 
902 
. 
1412 
781 
. 
1036 
1247 
1641 
1756 
2484 
2679 
2710 
3635 
124 . 
325 
. 
399 
. 
873, 
876, 
885 
483a 
802 
40 
App.:208 
note 
472 
483 
756 
166a 
166b 
490a 
40 
App.:l 
note, 
2, 
2 
note, 101, 
102, 105-
107, 201, 
201 
note, 
202, 207, 
214, 223-
225, 302, 
303, 
401, 
405 
483a 
74, 
756 
461 
note 
885 
483a 
166a 
476, 
483, 
483c, 484, 
484 
note, 
484c, 
512 
490, 601 
note, 
606, 
611, 612a 
166a 
483a 
40 
App.:202, 
202 
note 
166a 
13a, 13b 
483a 
760, 760 
note 
491 
270a 
316 
40 
App.:201 
872-875, 
877, 
885 
756 
note 
485 
474 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1321 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
Public 
Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
Oct. 10 
Oct. 17 
Dec. 14 
Dec. 20 
Dec. 21 
1980 
Oct. 8 
Oct. 10 
Oct. 19 
Dec. 8 
Dec. 12 
Dec. 15 
Dec. 16 
Dec. 18 
Dec. 22 
Dec. 28 
1981 
June 5 
Aug. 6 
Aug. 13 
Oct. 1 
Dec. 4 
Dec. 22 
Dec. 29 
1982 
Apr. 2 
Oct. 2 
Dec. 21 
Dec. 29 
1983 
July 14 
96-83 . 
96-88 . 
96-146 
96-152 
96-154 
96-399 
96-432 
96-470 
96-506 
96-514 
96-515 
96-527 
96-536 
96-545 
96-571 
96-610 
97-12 . 
97-31 . 
97-35 . 
97-51 . 
97-88 . 
97-98 . 
97-114 
97-125 
97-164 
97-276 
97-377 
97-390 
98-50 . 
98-51 . 
10 
509(b) 
1(2) 
Kb) 
718 
402 
2, 4, 6(c) 
101(a), 202(a), 211 
3 
108 
505 
718 
101(c) [H.R. 7593 (related to ex-
penses of travel by the Office of 
the Architect of the Capitol)]. 
2 
1-5 
(par. under heading "General Sup-
ply Fund"). 
12(12)-(15) 
313(b), 1404, 1822(a) 
101(c) [H.R. 4120 (related to ex-
penses of travel by the Office of 
the Architect of the Capitol)]. 
(par under heading "Appalachian 
Regional 
Development 
Pro-
grams"). 
1443 
717 
1-3(2), (3) "Sees. 
lll-116(a)(l), 
(b), 117-119", 4. 
160(a)(13) 
101(e) [S. 2939 (related to ex-
penses of travel by the Office of 
the Architect of the Capitol)]. 
101(c) Ititle VII, §717], (1) (related 
to programs authorized by the 
Appalachian Regional Develop-
ment Act of 1965), 120. 
1 
(par under heading "Appalachian 
Regional 
Development 
Pro-
grams"). 
(par. under heading "Travel") 
652 
695 
1086 
1099 
1155 
1667 
1852, 1853 
2237, 2242, 
2246. 
2746 
2972 
3005 
3084 
3167 
3215 
3341 
3564 
75 . 
154 
398, 749, 
767. 
959 
1146 
1321 
1581 
1667, 1671 
48 .... 
1189 
1853, 1906, 
1913. 
1957 
259 . 
273 . 
474, 481, 
487 
40 App.:202 
166b 
483a 
461 note 
193a, 193a 
note, 
193d note 
50, 514, 610 
40 App.:105, 
106, 201, 
214, 401, 
405 
131 note 
874 note 
483a 
166a 
40 App.:202 
795, 795 
note, 
795a-
795c 
801 note, 
802 note, 
809 
756 note, 
756a 
270f, 474, 
483a, 484 
461,40 
App.:105, 
201, 401 
166a 
40 App.:401 
note 
483 
483a 
801 note, 
802, 811, 
811 note, 
812-819 
330 
166a 
483a, 490c 
note, 40 
App.:401 
note 
13f, 131, 
13n, 13p 
40 App.:401 
note 
166a 
116 STAT. 1322 
PUBLIC LAW 107-217—AUG. 21, 2002 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
July 30 
Oct. 31 
Nov. 14 
Nov. 30 
Dec. 1 
Dec. 8 
1984 
Apr. 18 
July 16 
July 17 
July 18 
Oct. 12 
Oct. 19 
1985 
Nov. 1 
Nov. 8 
Nov. 13 
Dec. 19 
Dec. 26 
1986 
Apr. 7 
Aug. 22 
Oct. 16 
Oct. 18 
Oct. 30 
Nov. 7 
Nov. 10 
Nov. 14 
Nov. 17 
1987 
July 22 
Chapter or 
Public 
Law 
98-63 
98-141 
98-151 
98-181 
98-191 
98-212 
98-269 
98-360 
98-367 
98-369 
98-473 
98-524 
99-141 
99-145 
99-151 
99-190 
99-218 
99-272 
99-386 
99-492 
99-500 
99-591 
99-627 
99-640 
99-652 
99-656 
99-662 
100-77 
Section 
101 (lst-9th sentences in par. 
under heading "Consumer Infor-
mation Center Fund"). 
8 
112 
126(a)(1) 
8(d), 9(a)(2,), (3) 
716 
(par under heading "Appalachian 
Regional 
Development 
Pro-
grams"). 
(par. under heading 'Travel") 
2713(b) 
101(h) [title VIII, §8013], 0) [H.R. 
5798, title rV, §6, title V, §507], 
701, 702. 
4(e)(2) 
(par under heading "Appalachian 
Regional 
Development 
Pro-
grams"). 
1241(a) 
(par. under heading 'Travel") 
101(h) [H.R. 3036, title IV, §6, 
title V, §507], 139. 
15301-15313 
201, 207 
1 
101(e) [title rV, par. under head-
ing "Appalachian Regional Com-
mission"], 0") [H.R. 5203 (related 
to use of appropriations for trav-
el expenses)], (m) [title IV, §6, 
title V, §507, title VI, §616, title 
Vni,§§ 821(a)(1), 832], 151. 
101(e) [title rV, par. under head-
ing "Appalachiem Regional Com-
mission"], (j) [H.R. 5203 (related 
to use of appropriations for trav-
el expenses)], (m) [title IV, §6, 
title V, §507, title VI, §616, title 
VIII, §§821(a)(1), 832], 151. 
3 
13(aHc) 
1 
945 
502(a) 
Statutes at Large 
Vol-
ume 
97 
97 
97 
97 
97 
97 
98 
98 
98 
98 
98 
98 
99 
99 
99 
99 
99 
100 
100 
100 
100 
100 
100 
100 
100 
100 
100 
101 
Page 
321 
910 
976 
1175 
1331 
1441 
156 
418 
482 
1184 
1925, 1963, 
2129. 
2489 
577 
734 
800 
1291, 1323 
1729 
335 
822, 823 
1240 
1783-210, 
1783-287, 
1783-321, 
1783-324, 
1783-331, 
1783-340, 
1783-345, 
1783-352. 
3341-210, 
3341-287, 
3341-321, 
3341-324, 
3341-331, 
3341-340, 
3341-345, 
3341-355. 
3509 
3551 
3650 
3668 
4200 
510 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
761 
872, 874, 
875, 880, 
885 
490c note 
484b 
474, 481, 
487 
483a 
270c 
40 App.:401 
note 
166a 
759 note 
483a, 484, 
490c note, 
490d note 
40 App.:214 
40 App.:401 
note 
328 
166a 
490b, 490c 
note, 
490dnc ' 
13n 
901-913 
484 
13n 
166a, 490b, 
490c note, 
490d 
note, 751, 
756b, 757, 
40 
App.:401 
note 
166a, 490b, 
490c note. 
490d 
note, 751, 
756b, 757, 
40 
App.:401 
note 
512, 512 
notes 
484d 
1001, 1001 
note. 
1002-
1010 
258a, 258e-
1 
483d 
484 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1323 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
Public 
Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
Aug. 21 
Dec. 22 
1988 
Jan. 5 
Jan. 8 
Feb. 5 
July 19 
Aug. 22 
Aug. 23 
Sept. 22 
Oct. 1 
Oct. 7 
Oct. 28 
Nov. 5 
Nov. 15 
Nov. 17 
Nov. 18 
1989 
Aug. 9 
Sept. 29 
Nov. 3 
Nov. 21 
1990 
Oct. 15 
100-113 
100-202 
1-6, 10 
100-230 ... 
100-235 ... 
100-242 ... 
100-370 ... 
100-371 ... 
100-415 ... 
100-418 ... 
100-440 ... 
100-458 ... 
100-480 ... 
100-542 
100-612 ... 
100-656 
100-678 
100-679 
100-690 
101-73 
101-101 ... 
101-136 ... 
101-162 ... 
101-163 ... 
101-427 ... 
101(b) [title VIII, §8093], (d) [title 
rV, par. under heading "Appa-
lachian Regional Commission'T, 
(f) [title II, §3], (i) [title I, §4 
and par. under heading "Trav-
el"], (m) [title IV, §5, title V, 
§507, title VI, §§616, 619]. 
3 
1,2,5-8 
524 
l(k)(3) 
(par. under heading "Appalachian 
Regional Commission"). 
5, 11, 507 
(par. under heading "Travel") 
742 
1-8 
2081(b) 
744(f), (g) 
(par. under heading "Appalachian 
Regional Commission"). 
5,7,9,22,25,506 
(proviso in par. under heading 
"Care 
of 
the 
Building 
and 
Grounds"). 
(par. 
under 
heading 
'Travel"), 
106(a), (b). 
101 
101 
735, 
747 
101 
101 
101 
102 
102 
102 
102 
102 
102 
102 
102 
102 
102 
102 
102 
102 
103 
103 
103 
103 
103 
104 
1329-79, 
1329-127, 
1329-196, 
1329-294, 
1329-301, 
1329-410, 
1329-415, 
1329-423, 
1329-427. 
1564 
1724, 
1729 
1939 
849 
871 
1104 
1433 
1741, 1742, 
1747. 
2169 
2328 
2721 
3180 
3897 
4049 
4068 
4216 
438 
663 
802, 
803, 
807, 
808, 
812. 
1010 
1055, 
1056 
927 
1101, 
1101 
note, 
1102-
1105, 
1109 
166a, 
490 
note, 
490b, 
490c 
note, 
490d 
note, 
756 
notes, 
756b, 
1003, 
40 
App.:401 
note 
1003 
1441 
note 
462 
483a 
40 
App.:401 
note 
885 
490 
490a-l 
note, 
490c 
note, 
490d 
note 
166a 
816, 
1201, 
1201 
note, 
1202-
1208 
762, 
762 
note, 
762a-
762d 
471 
note, 
481, 
484, 
485, 
488, 
493 
541 
278a, 
318-
318b, 
601 
note, 
603, 
606, 
617-
619, 
619 
note 
541 
484 
474, 
612 
40 
App.:401 
note 
490a-l, 
490c 
note, 
490d, 
490e, 
491 
note, 
757 
13 
a 
note 
166a, 
166b-
1 
40 
App.:221 
116 STAT. 1324 
PUBLIC LAW 107-217—AUG. 21, 2002 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or 
Public 
Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
Oct. 17 
Oct. 25 
Nov. 5 
1991 
June 13 
Aug. 14 
Aug. 17 
Oct. 28 
Dec. 11 
Dec. 18 
1992 
Aug. 7 
Oct. 2 
Oct. 6 
Oct. 23 
Oct. 24 
1993 
Feb. 8 
Aug. 11 
Sept. 21 
Oct. 28 
Nov. 30 
Dec. 14 
1994 
July 21 
July 22 
Aug. 26 
Sept. 30 
101-434 
101-462 
101-509 
101-510 
101-514 
101-520 
102-54 
102-90 
102-104 
102-141 
102-216 
102-219 
102-240 
102-336 
102-377 
102-392 .
.
. 
102-393 
102-439 
102-486 
103-4 .
.
.
. 
103-69 .
. 
103-82 .
. 
103-123 
103-126 
103-160 
103-193 
103-279 
103-283 
103-316 
103-321 
103-329 
8, 15, 507 
2805 
(par. under heading "^palachian 
Regional Commission ). 
(par. under heading "Travel") 
13(0) 
(par. 
under 
heading 
"Travel"), 
312(f). 
(par. under heading "Appalachian 
Regional Commission ). 
7, 11, 505 
1 
1087 
(par. under heading "Appalachian 
Regional Commission"), 
(par. under heading "Travel"), 311, 
318, 324. 
5, 13, 505, 528 
1 
153 
1 
(par. under heading "Travel") 
202(f) 
5, 7, 505 
(par. under heading "Appalachiem 
Regional Commission"). 
2927 
9 
(par. under heading "Travel") 
(par. under heading "Appalachian 
Regional Commission"). 
2 
(par. 
under heading "Payment 
of 
Government Losses in Ship-
ment"), 
505, 
611. 
104 
104 
104 
104 
104 
104 
105 
105 
105 
105 
105 
105 
105 
106 
106 
106 
106 
106 
106 
107 
107 
107 
107 
107 
107 
107 
108 
108 
108 
108 
108 
985 
1079 
1414, 1415, 
1423. 
1786 
2095 
2266 
278 
458, 
469 
.
.
.
. 
533 
856, 
862 .
.
.
. 
1666 
1673 
2022 
864 
1339 
1714, 1723, 
1724, 
1726. 
1750, 1751, 
1757, 
1760. 
2223 
2851 
30 
702 
888 
1246, 1247, 
1252. 
1331 
1932 
2293 
1416 
1434 
1720 
1793 
2387, 
2409, 
2418. 
40 
App.:403 
13n 
490c 
note, 
490f, 
490g 
note 
485 
40 
App.:401 
note 
166a 
612 
166a, 184b-
184f 
40 
App.:401 
note 
490c 
note, 
490f, 
490g 
note 
1010, 1010 
note 
885 
40 
App.:403 
193v 
40 
App.:401 
note 
166a, 193a 
note, 
1204, 
1205, 
1207 
490b, 
490c 
note, 
490f, 
490g 
885 
490 
1201 
note 
166a 
484 
485, 
490c 
note, 
755a 
40 
App.:401 
note 
484 
13n 
193r, 193u, 
193v 
166a 
40 
App.:401 
note 
1001 
note, 
1002, 
1003, 
1006-
1010 
486a, 
490c 
note, 
722a 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1325 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Oct. 13 
Nov. 2 
1995 
Nov. 13 
Nov. 15 
Nov. 19 
Dec. 21 
Dec. 22 
1996 
Feb. 10 
Apr. 24 
Apr. 26 
Aug. 6 
Aug. 20 
Sept. 16 
Sept. 23 
Sept. 26 
Sept. 30 
Sept. 30 
Chapter or 
Public 
Law 
103-355 ... 
103-437 ... 
104-46 
104^50 
104-52 
104-53 
104-66 
104-68 
104-106 ... 
104-132 ... 
104-134 ... 
104-182 ... 
104-186 ... 
104-197 ... 
104-201 ... 
104-204 ... 
104-206 ... 
104-208 ... 
Section 
1555, 
4104(b), 
(c), 
7301-7306, 
8301(b), 
10005(a)(2), 
(b)(2), 
(f)(1), (2). 
14(b), (d), (e) 
(par. under heading "Appalachian 
Regional Commission ). 
401-405 
5,503,611 
(par. under heading "Travel") 
2091(a) 
1 
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. 
803 
101(c) [title I, proviso in 1st par. 
under heading "John F. Ken-
nedy Center for the Performing 
Arts", title III, §313]. 
306 
221(15), (18) 
(par. under heading "Travel") 
823, 1067 
(2d proviso under heading "Con-
sumer 
Information 
Center 
Fund"). 
(par. under heading "Appalachian 
Regional Commission"). 
101(f) [title VI, §6401 
Statutes at Large 
Vol-
ume 
108 
108 
109 
109 
109 
109 
109 
109 
110 
110 
110 
110 
110 
110 
110 
110 
110 
110 
Page 
3300, 3341, 
3382, 
3396, 
3406, 
3408. 
4590, 4591 
416 
463 
486, 491, 
499. 
527 
730 
766 
510, 555, 
676, 679, 
685, 686, 
689, 691, 
701, 702. 
1305 
1321-193, 
1321-198. 
1685 
1750 
2404 
2609, 2654 
2916 
3000 
3009-365 ... 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
270a, 270a 
notes. 
270d-l, 
276d, 
276d 
notes, 
276d-l— 
276d-3, 
329, 333, 
334, 471 
notes. 
481, 541 
note 
606, 610, 
874, 40 
App.:403 
40 App.:401 
note 
1301, 1301 
note, 
1302-
1304 
486a, 490c, 
490h 
166a 
484 
1101 note 
270a note, 
485, 759, 
1401, 
1401 
notes. 
1411-
1413, 
1421-
1428, 
1441, 
1441 note, 
1442, 
1451, 
1452, 
1461, 
1471-
1475, 
1491, 
1492, 
1501-
1503 
137 
193n, 872, 
872 note 
45 note 
756b, 1003 
166a 
318c, 490 
761a 
40 App.:401 
note 
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 
Vol-
ume 
Page 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
Oct. 9 
Oct. 19 
Nov. 12 
1997 
July 18 
Oct. 6 
Oct. 10 
Oct. 13 
Oct. 27 
Nov. 14 
Nov. 18 
Nov. 19 
Nov. 26 
1998 
June 9 
Aug. 7 
Oct. 7 
Oct. 21 
Oct. 31 
Nov. 10 
Nov. 13 
1999 
Aug. 17 
Sept. 29 
Oct. 5 
Oct. 22 
Nov. 29 
Dec. 12 
2000 
Oct. 27 
104-208 
104-280 
104-316 
104-333 
105-27 .. 
105-50 .. 
105-61 .. 
105-62 .. 
105-65 .. 
105-83 .. 
105-85 .. 
105-95 .. 
105-100 
105-119 
105-178 
105-220 
105-245 
105-277 .
.
. 
105-332 
105-362 
10&-393 
106-49 
106-60 
106-65 
lOfr-78 
106-113 .
.
. 
106-168 .
. 
10&-377 
101(e) [title VII, §709(aX4), (5)], 
(f) [title IV, 3d-6th provisos on 
p. 3009-335, §407, title VI, 
§611, title VIII, §808(b)]. 
1 
120 
814(d)(lXG) 
1 
(proviso related to buildings con-
sidered to be federally owned), 
413. 
(par. under heading "Appalachian 
Regional Commission"). 
(last proviso in par. under heading 
"Consumer Information Center 
Fund"). 
(last proviso in par. under heading 
"National 
Capital 
Plaiming 
Commission"). 
850(0(2), 852, 1073(h)(4) 
4 (related to section 9(3) of the Act 
of October 24, 1951). 
157(f) 
118 
1117(c), 1211(b), 1212(a)(2XBXiii), 
1222. 
199(a)(4) 
(par. under heading "Appalachian 
Regional Commission"). 
101(h) (title rV, 6th and 9th pro-
visos on p. 2681-502, title VI, 
§§603,630], 1335(h). 
3(g) 
401(g) 
201-220(cXl), 221, 222 
(par. under heading "Appalachian 
Regional Commission'j. 
1067(18) 
752(bK14) 
1000(aX5) [§ 233(a)] 
301 
1
(
a
)
(
2
) 
(par. under 
heading 
"Appa-
lachian 
Regional 
Commission 
). 
110 
110 
110 
110 
111 
111 
111 
111 
111 
111 
111 
111 
111 
111 
112 
112 
112 
112 
112 
112 
112 
113 
113 
113 
113 
113 
113 
114 
3009-312, 
3009-335, 
3009-337, 
3009-355, 
3009-394. 
3359 
3836 
4196 
244 
1167 
1297, 
1300 
1336 
1377 
1589 
1849, 
1851, 
1907. 
2149 
2187 
2468 
160, 188, 
193, 
223. 
1059 
1854 
2681-502, 
2681-513, 
2681-522, 
2681-788. 
3126 
3282 
3618, 
3625 
231 
498 
775 
1170 
1501A-301 
1821 
1441A-82 .. 
276d-3, 
486a, 490, 
612, 872 
note, 1401 
note, 40 
App.:214 
13n 
485a, 490 
805 
484 
484 
481, 490i 
note 
40 App.:401 
note 
761a 
71a note 
1441 note, 
1492, 
1501 
193v 
138 
484 
819a, 40 
App.:201, 
403, 405, 
405 note 
40 App.:211 
40 App.:401 
note 
490 
note, 
490b 
note, 
490i, 1106 
40 
App.:214 
795d 
40 
App.rl 
note, 
2, 
101, 
105, 
106, 
202-
208, 
211-
214, 
224, 
226, 
302, 
401, 
405 
270a, 
270a 
notes, 
270b 
40 
App.:401 
note 
485 
474 
484 
484 
40 
App.:401 
note 
PUBLIC LAW 107-217—AUG. 21, 2002 
116 STAT. 1327 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Oct. 30 
Nov. 13 
Dec. 21 
2001 
Nov. 12 
Dec. 28 
2002 
Mar. 12 
Chapter or 
Public 
Law 
106-398 ... 
106-518 ... 
106-554 ... 
107-67 
107-107 ... 
107-149 ... 
Section 
1 [§§809,2814] 
313 
1(a)(3) [§643], (7) [§ 307(a)] 
630 
2812 
116 _v. 
Statutes at Large 
Vol-
ume 
114 
114 
114 
115 
115 
66 
Page 
1654A-208, 
1654A-
419. 
2421 
2763A-169, 
2763A-
635. 
552 
1307 
40 App.:l 
note, 2, 2 
note, 101, 
102,104, 
106, 202-
205, 207, 
214, 224, 
225, 302, 
303, 401, 
403, 405. 
U.S. Code 
(title 40 un-
less other-
wise speci-
fied) 
484, 1492 
13n 
258e-l, 
490b 
490b-l 
485 
Approved August 21, 2002. 
LEGISLATIVE HISTORY—H.R. 2068: 
HOUSE REPORTS: No. 107-479 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
June 11, considered suid passed House. 
Aug. 1, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 
Aug. 23, Presidential statement. 
99-194O-03-18:QL3Part2