40 U.S.C. § 113 — Limitations
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 1,016 words · no verdicts yet
This law limits and carves out exceptions to a federal property-and-services law. Congress and dozens of specific agencies or programs — from the CIA to the Postal Service to atomic energy — keep their own separate authority instead. It generally adds to, rather than replaces, other legal authority.
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.
The authority conferred by this subtitle is subject to division B (Except 1 Sections 1 1704 and 2303) of subtitle I of title 41.
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.
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.
Nothing in this subtitle impairs or affects the authority of—
the President under the Philippine Property Act of 1946 (22 U.S.C. 1381 et seq.);
an executive agency, with respect to any program conducted for purposes of resale, price support, grants to farmers, stabilization, transfer to foreign governments, or foreign aid, relief, or rehabilitation, but the agency carrying out the program shall, to the maximum extent practicable, consistent with the purposes of the program and the effective, efficient conduct of agency business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
an executive agency named in section 3063 of title 10, and the head of the agency, with respect to the administration of the provisions of that title referred to in section 3016 of such title as “chapter 137 legacy provisions”;
the Secretary of Defense with respect to property required for or located in occupied territories;
the Secretary of Defense with respect to the administration of section 4881 of title 10;
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.);
the Secretary of State under the Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et seq.);
the Secretary of Agriculture under—
the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
the Farmers Home Administration Act of 1946 (ch. 964, 60 Stat. 1062);
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;
section 201 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1291); or
section 203(j) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(j));
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;
the Secretary of Housing and Urban Development or the Federal Deposit Insurance Corporation (or an officer of the Corporation) with respect to the disposal of—
residential property; or
other property—
acquired or held as part of, or in connection with, residential property; or
held in connection with the insurance of mortgages, loans, or savings association accounts under the National Housing Act (12 U.S.C. 1701 et seq.), the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), or any other law;
the Tennessee Valley Authority with respect to nonpersonal services, with respect to section 501(c) of this title, and with respect to property acquired in connection with a program of processing, manufacture, production, or force account construction, but the Authority shall, to the maximum extent it considers practicable, consistent with the purposes of its program and the effective, efficient conduct of its business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
the Secretary of Energy with respect to atomic energy;
the Secretary of Transportation or the Secretary of Commerce with respect to the disposal of airport property and airway property (as those terms are defined in section 47301 of title 49) for use as such property;
the United States Postal Service;
the Maritime Administration with respect to the acquisition, procurement, operation, maintenance, preservation, sale, lease, charter, construction, reconstruction, or reconditioning (including outfitting and equipping incidental to construction, reconstruction, or reconditioning) of a merchant vessel or shipyard, ship site, terminal, pier, dock, warehouse, or other installation necessary or appropriate for carrying out a program of the Administration authorized by law or nonadministrative activities incidental to a program of the Administration authorized by law, but the Administration shall, to the maximum extent it considers practicable, consistent with the purposes of its programs and the effective, efficient conduct of its activities, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
the Central Intelligence Agency;
the Joint Committee on Printing, under title 44 or any other law;
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.);
the Secretary of State with respect to the furnishing of facilities in foreign countries and reception centers within the United States; or
the Office of the Director of National Intelligence.
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1066; Pub. L. 108–458, title I, § 1080, Dec. 17, 2004, 118 Stat. 3696; Pub. L. 111–350, § 5(l)(4), Jan. 4, 2011, 124 Stat. 3851; Pub. L. 117–81, div. A, title XVII, § 1702(g)(1), Dec. 27, 2021, 135 Stat. 2157.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1066
- 2004Amended · Pub. L. 108-458 · 118 Stat. 3696
- 2011Amended · Pub. L. 111-350 · 124 Stat. 3851
- 2021Amended · Pub. L. 117-81 · 135 Stat. 2157
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.
all 0 arguments · sorted by: best
no arguments yet — make the first case