
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC474]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
       CHAPTER 10--MANAGEMENT AND DISPOSAL OF GOVERNMENT PROPERTY
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 474. Congress, departments, agencies, corporations, and 
        persons exempted from provisions
        
    (a), (b) Omitted
    (c) The authority conferred by this Act shall be in addition and 
paramount to any authority conferred by any other law and shall not be 
subject to the provisions of any law inconsistent herewith, except as 
otherwise provided by the Office of Federal Procurement Policy Act [41 
U.S.C. 401 et seq.], and except that sections 486(b) and 487(c) of this 
title shall not be applicable to any Government corporation or agency 
which is subject to chapter 91 of title 31.
    (d) Nothing in this Act shall impair or affect any authority of--
        (1) the President under the Philippine Property Act of 1946 (60 
    Stat. 418; 22 U.S.C. 1381);
        (2) any executive agency with respect to any phase (including, 
    but not limited to, procurement, storage, transportation, 
    processing, and disposal) of any program conducted for purposes of 
    resale, price support, grants to farmers, stabilization, transfer to 
    foreign governments, or foreign aid, relief, or rehabilitation: 
    Provided, That the agency carrying out such program shall, to the 
    maximum extent practicable, consistent with the fulfillment of the 
    purposes of the program and the effective and efficient conduct of 
    its business, coordinate its operations with the requirements of 
    this Act and the policies and regulations prescribed pursuant 
    thereto;
        (3) any executive agency named in chapter 137 of title 10, and 
    the head thereof, with respect to the administration of said 
    chapter;
        (4) the Department of Defense with respect to property required 
    for or located in occupied territories;
        (5) the Secretary of Defense with respect to the administration 
    of the National Industrial Reserve Act of 1948 [50 U.S.C. 451 et 
    seq.];
        (6) the Secretary of Defense, the Munitions Board, and the 
    Secretaries of the Army, Navy, and Air Force with respect to the 
    administration of the Strategic and Critical Materials Stock Piling 
    Act (60 Stat. 596) [50 U.S.C. 98 et seq.];
        (7) the Secretary of State under the Foreign Service Buildings 
    Act of May 7, 1926, as amended [22 U.S.C. 292 et seq.];
        (8) the Secretary of the Army, the Secretary of the Navy, and 
    the Secretary of the Air Force with respect to the administration of 
    section 1171(b) of Appendix to title 50;
        (9) the Secretary of Agriculture or the Department of 
    Agriculture under (A) the Richard B. Russell National School Lunch 
    Act (60 Stat. 230) [42 U.S.C. 1751 et seq.]; (B) the Farmers Home 
    Administration Act of 1946 (60 Stat. 1062); (C) the Act of August 
    \1\ 31, 1947, Public Law 298, Eightieth Congress, with respect to 
    the disposal of labor supply centers, and labor homes, labor camps, 
    or facilities; (D) section 612c of title 7, with respect to the 
    exportation and domestic consumption of agricultural products; or 
    (E) section 1291 or section 1622(j) of title 7;
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    \1\ So in original. Should be ``July''.
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        (10) the Secretary of Agriculture, Farm Credit Administration, 
    or any farm credit board under section 640l(b) of title 12, with 
    respect to the acquisition or disposal of property;
        (11) the Department of Housing and Urban Development or the 
    Resolution Trust Corporation or any officer thereof with respect to 
    the disposal of residential property, or of other property (real or 
    personal) held as part of or acquired for or in connection with 
    residential property, or in connection with the insurance of 
    mortgages, loans, or savings association accounts under the National 
    Housing Act [12 U.S.C. 1701 et seq.] under \2\ the Federal Deposit 
    Insurance Act [12 U.S.C. 1811 et seq.] or any other law.; \3\
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    \2\ So in original. Probably should be ``or under''.
    \3\ So in original.
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        (12) the Tennessee Valley Authority with respect to nonpersonal 
    services, with respect to the matters referred to in section 
    481(a)(4) of this title, and with respect to any property acquired 
    or to be acquired for or in connection with any program of 
    processing, manufacture, production, or force account construction: 
    Provided, That the Tennessee Valley Authority shall to the maximum 
    extent that it may deem practicable, consistent with the fulfillment 
    of the purpose of its program and the effective and efficient 
    conduct of its business, coordinate its operations with the 
    requirements of this Act and the policies and regulations prescribed 
    pursuant thereto;
        (13) the Atomic Energy Commission;
        (14) the Administrator of the Federal Aviation Administration or 
    the Secretary of Commerce with respect to the disposal of airport 
    property and airway property for use as such property. For the 
    purpose of this paragraph the terms ``airport property'' and 
    ``airway property'' shall have the respective meanings ascribed to 
    them in section 47301 of title 49;
        (15) the United States Postal Service;
        (16) the Maritime Administration with respect to the 
    construction, reconstruction, and reconditioning (including 
    outfitting and equipping incident to the foregoing), the 
    acquisition, procurement, operation, maintenance, preservation, 
    sale, lease, or charter of any merchant vessel or of any shipyard, 
    ship site, terminal, pier, dock, warehouse, or other installation 
    necessary or appropriate for the carrying out of any program of such 
    Administration authorized by law, or nonadministrative activities 
    incidental thereto: Provided, That the Maritime Administration shall 
    to the maximum extent that it may deem practicable, consistent with 
    the fulfillment of the purposes of such programs and the effective 
    and efficient conduct of such activities, coordinate its operations 
    with the requirements of this Act, and the policies and regulations 
    prescribed pursuant thereto;
        (17) the Central Intelligence Agency;
        (18) the Joint Committee on Printing, under title 44 or any 
    other Act;
        (19) for such period of time as the President may specify, any 
    other authority of any executive agency which the President 
    determines within one year after the effective date of this Act 
    should, in the public interest, stand unimpaired by this Act;
        (20) the Secretary of the Interior with respect to procurement 
    for program operations under the Bonneville Project Act of 1937 (50 
    Stat. 731), as amended [16 U.S.C. 832 et seq.]; or
        (21) the Director of the United States Information Agency with 
    respect to the furnishing of facilities in foreign countries and 
    reception centers within the United States.

    (e) No provision of this Act, as amended, shall apply to the Senate 
or the House of Representatives (including the Architect of the Capitol 
and any building, activity, or function under his direction), but any of 
the services and facilities authorized by this Act to be rendered or 
furnished shall, as far as practicable, be made available to the Senate, 
the House of Representatives, or the Architect of the Capitol, upon 
their request, and, if payment would be required for the rendition or 
furnishing of a similar service or facility to an executive agency, 
payment therefor shall be made by the recipient thereof, upon 
presentation of proper vouchers, in advance or by reimbursement (as may 
be agreed upon by the Administrator and the officer or body making such 
request). Such payment may be credited to the applicable appropriation 
of the executive agency receiving such payment.

(June 30, 1949, ch. 288, title VI, Sec. 602, formerly title V, Sec. 502, 
63 Stat. 399; Aug. 10, 1949, ch. 412, Sec. 12(a), (g), 63 Stat. 591; 
renumbered and amended Sept. 5, 1950, ch. 849, Secs. 6(a), (b), 7(e), 
(f), 8(c), 64 Stat. 583, 590; Pub. L. 85-726, title XIV, Sec. 1406, Aug. 
23, 1958, 72 Stat. 808; Pub. L. 87-456, title III, Sec. 303(b), May 24, 
1962, 76 Stat. 78; Pub. L. 89-343, Sec. 6, Nov. 8, 1965, 79 Stat. 1303; 
Pub. L. 89-670, Secs. 3(e), 6(c)(1), Oct. 15, 1966, 80 Stat. 932, 938; 
Pub. L. 90-19, Sec. 7, May 25, 1967, 81 Stat. 22; Pub. L. 91-375, 
Sec. 6(m)(2), Aug. 12, 1970, 84 Stat. 782; Pub. L. 93-400, Sec. 15(4), 
Aug. 30, 1974, 88 Stat. 800; Pub. L. 96-60, title II, Sec. 203(c), Aug. 
15, 1979, 93 Stat. 399; Pub. L. 96-83, Sec. 10(b), Oct. 10, 1979, 93 
Stat. 652; Pub. L. 97-31, Sec. 12(13), Aug. 6, 1981, 95 Stat. 154; Pub. 
L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L. 
98-191, Secs. 8(d)(2), 9(a)(3), Dec. 1, 1983, 97 Stat. 1331; Pub. L. 
101-73, title VII, Sec. 744(f), Aug. 9, 1989, 103 Stat. 438; Pub. L. 
106-78, title VII, Sec. 752(b)(14), Oct. 22, 1999, 113 Stat. 1170.)

                       References in Text

    This Act, referred to in text, is act June 30, 1949, ch. 288, 63 
Stat. 377, as amended, known as the Federal Property and Administrative 
Services Act of 1949. For complete classification of this Act to the 
Code, see Short Title note set out under section 471 of this title and 
Tables.
    The Office of Federal Procurement Policy Act, referred to in subsec. 
(c), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, which 
is classified principally to chapter 7 (Sec. 401 et seq.) of Title 41, 
Public Contracts. For complete classification of this Act to the Code, 
see Short Title note set out under section 401 of Title 41 and Tables.
    The Philippine Property Act of 1946, referred to in subsec. (d)(1), 
is act July 3, 1946, ch. 536, 60 Stat. 418, as amended, which is 
classified generally to subchapter V (Sec. 1381 et seq.) of chapter 15 
of Title 22, Foreign Relations and Intercourse. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1381 of Title 22 and Tables.
    The National Industrial Reserve Act of 1948, referred to in subsec. 
(d)(5), is act July 2, 1948, ch. 811, 62 Stat. 1225, as amended, known 
as the Defense Industrial Reserve Act, which is classified generally to 
chapter 16 (Sec. 451 et seq.) of Title 50, War and National Defense. The 
text of sections 451 to 453 of Title 50 was transferred to section 2535 
of Title 10, Armed Forces, by Pub. L. 102-484, div. D, title XLII, 
Sec. 4235, Oct. 23, 1992, 106 Stat. 2690. For complete classification of 
this Act to the Code, see Short Title note set out under section 451 of 
Title 50 and Tables.
    The Strategic and Critical Materials Stock Piling Act, referred to 
in subsec. (d)(6), is act June 7, 1939, ch. 190, as revised generally by 
Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat. 319, which is classified 
generally to subchapter III (Sec. 98 et seq.) of chapter 5 of Title 50. 
For complete classification of this Act to the Code, see section 98 of 
Title 50 and Tables.
    The Foreign Service Buildings Act, 1926, as amended, referred to in 
subsec. (d)(7), is act May 7, 1926, ch. 250, 44 Stat. 403, as amended, 
which is classified generally to chapter 8 (Sec. 292 et seq.) of Title 
22, Foreign Relations and Intercourse. For complete classification of 
this Act to the Code, see section 299 of Title 22 and Tables.
    Section 1171(b) of Appendix to title 50, referred to in subsec. 
(d)(8), was repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 
641.
    The Richard B. Russell National School Lunch Act, referred to in 
subsec. (d)(9)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, as 
amended, which is classified generally to chapter 13 (Sec. 1751 et seq.) 
of Title 42, The Public Health and Welfare. For complete classification 
of this Act to the Code, see Short Title note set out under section 1751 
of Title 42 and Tables.
    The Farmers Home Administration Act of 1946, referred to in subsec. 
(d)(9)(B), is act Aug. 14, 1946, ch. 964, 60 Stat. 1062. Such act was 
substantially repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 
862, and act Aug. 8, 1961, Pub. L. 87-128, title III, Sec. 341(a), 75 
Stat. 318. For complete classification of this Act to the Code, see 
Tables.
    Act of August 31, 1947, Public Law 298, Eightieth Congress, referred 
to in subsec. (d)(9)(C), probably means act July 31, 1947, Public Law 
298, ch. 413, 61 Stat. 694, which was classified to a note under section 
1017 of Title 7, Agriculture, and was repealed by act Apr. 20, 1950, ch. 
94, title II, Sec. 205(a), 64 Stat. 73.
    Section 640l(b) of title 12, referred to in subsec. (d)(10), was 
repealed by Pub. L. 92-181, title V, Sec. 5.26(a), Dec. 10, 1971, 85 
Stat. 624.
    The National Housing Act, referred to in subsec. (d)(11), is act 
June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is classified 
principally to chapter 13 (Sec. 1701 et seq.) of Title 12, Banks and 
Banking. For complete classification of this Act to the Code, see 
section 1701 of Title 12 and Tables.
    The Federal Deposit Insurance Act, referred to in subsec. (d)(11), 
is act Sept. 21, 1950, ch. 967, Sec. 2, 64 Stat. 873, as amended, which 
is classified generally to chapter 16 (Sec. 1811 et seq.) of Title 12. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 1811 of Title 12 and Tables.
    The Bonneville Project Act of 1937 (50 Stat. 731), as amended, 
referred to in subsec. (d)(20), is act Aug. 20, 1937, ch. 720, 50 Stat. 
731, as amended, which is classified generally to chapter 12B (Sec. 832 
et seq.) of Title 16, Conservation. For complete classification of this 
Act to the Code, see Short Title note set out under section 832 of Title 
16 and Tables.

                          Codification

    Section is comprised of section 602 of act June 30, 1949. Subsec. 
(a) of section 602 of act June 30, 1949, repealed various laws. Subsec. 
(b) of section 602 of such act is set out as a note under section 901 of 
Title 5, Government Organization and Employees. Subsec. (f) of section 
602 of such act amended section 5 of Title 41, Public Contracts.
    In subsec. (c), ``chapter 91 of title 31'' substituted for ``the 
Government Corporation Control Act (59 Stat. 597; 31 U.S.C. 841)'' on 
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, 
the first section of which enacted Title 31, Money and Finance.
    In subsec. (d)(3), ``chapter 137 of title 10'' and ``said chapter'' 
substituted for ``Armed Services Procurement Act of 1947'' and ``said 
Act'', respectively, on authority of act Aug. 10, 1956, ch. 1041, 
Sec. 49(b), 70A Stat. 640, the first section of which enacted Title 10, 
Armed Forces. Prior to the enactment of Title 10, the Armed Services 
Procurement Act of 1947 (act Feb. 19, 1948, ch. 65, 62 Stat. 21, as 
amended) was classified principally to chapter 3 (Sec. 151 et seq.) of 
Title 41, Public Contracts.
    In subsec. (d)(4), ``Department of Defense'' substituted for 
``National Military Establishment'' on authority of act Aug. 10, 1949, 
ch. 412, Sec. 12(a), (g), 63 Stat. 591.
    In subsec. (d)(14), ``section 47301 of title 49'' substituted for 
``the International Aviation Facilities Act (62 Stat. 450) [49 App. 
U.S.C. 1151 et seq.]'' on authority of Pub. L. 103-272, Sec. 6(b), July 
5, 1994, 108 Stat. 1378, the first section of which enacted subtitles 
II, III, and V to X of Title 49, Transportation.
    In subsec. (d)(18), ``title 44 or any other Act'' substituted for 
``the Act entitled `An Act providing for the public printing and binding 
and the distribution of public documents' approved January 12, 1895 (28 
Stat. 601), as amended or any other Act'' on authority of Pub. L. 90-
620, Sec. 2(b), Oct. 22, 1968, 82 Stat. 1305, the first section of which 
revised and enacted Title 44, Public Printing and Documents.
    Section was formerly classified to section 204 of Title 41, Public 
Contracts.


                               Amendments

    1999--Subsec. (d)(9)(A). Pub. L. 106-78 substituted ``Richard B. 
Russell National School Lunch Act'' for ``National School Lunch Act''.
    1989--Subsec. (d)(11). Pub. L. 101-73 inserted ``or the Resolution 
Trust Corporation'' after ``Department of Housing and Urban 
Development'', substituted ``savings association accounts'' for 
``savings and loan accounts'', and inserted ``under the Federal Deposit 
Insurance Act or any other law.'' after ``National Housing Act''.
    1983--Subsec. (c). Pub. L. 98-191 inserted ``except as otherwise 
provided by the Office of Procurement Policy Act, and'' after ``any law 
inconsistent herewith,''.
    1981--Subsec. (d)(16). Pub. L. 97-31 substituted references to the 
Maritime Administration for references to the United States Maritime 
Commission wherever appearing.
    1979--Subsec. (c). Pub. L. 96-83 struck out ``except as provided by 
the Office of Federal Procurement Policy Act, and'' after ``law 
inconsistent herewith,''.
    Subsec. (d)(21). Pub. L. 96-60 added par. (21).
    1974--Subsec. (c). Pub. L. 93-400 substituted ``inconsistent 
herewith, except as provided by the Office of Federal Procurement Policy 
Act, and except'' for ``inconsistent herewith, except''.
    1970--Subsec. (d)(15). Pub. L. 91-375 substituted ``the United 
States Postal Service'' for ``the Postmaster General or the Postal 
Establishment with respect to the means and methods of distribution and 
transportation of the mails, and contracts, negotiations, and 
proceedings before Federal and State regulatory and rate-making bodies, 
relating to the transportation of the mails, and the leasing and 
acquisition of real property, as authorized by law''.
    1967--Subsec. (d)(11). Pub. L. 90-19 substituted ``the Department of 
Housing and Urban Development or any officer thereof'' for ``the Housing 
and Home Finance Agency, or any officer or constituent agency 
therein,''.
    1965--Subsec. (d)(15), (20). Pub. L. 89-343 inserted ``, and the 
leasing and acquisition of real property, as authorized by law'' in par. 
(15), and added par. (20).
    1962--Subsec. (d)(6). Pub. L. 87-456 struck out provisions which 
permitted imported materials which the authorized procuring agency 
certifies to the Commissioner of Customs to be strategic and critical 
materials procured under the Strategic and Critical Materials Stock 
Piling Act to be entered, or withdrawn from warehouse, free of duty.
    1958--Subsec. (d)(14). Pub. L. 85-726 substituted ``Administrator of 
the Federal Aviation Agency'' for ``Administrator of Civil 
Aeronautics''.
    1950--Act Sept. 5, 1950, Secs. 7(e), (f), 8(c), inserted ``and 
paramount'' after ``any authority'' in subsec. (c), inserted ``the'' in 
subsec. (d)(17), inserted reference to ``Joint Committee on Printing'' 
in subsec. (d)(18), reenacted subsec. (d)(19), and added subsec. (e).


                    Effective Date of 1979 Amendments

    Amendment by Pub. L. 96-83 effective Oct. 1, 1979, see section 12 of 
Pub. L. 96-83, set out as a note under section 401 of Title 41, Public 
Contracts.
    Amendment by Pub. L. 96-60 effective Oct. 1, 1979, see section 209 
of Pub. L. 96-60, set out as a note under section 1471 of Title 22, 
Foreign Relations and Intercourse.


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 
1970, on date established therefor by Board of Governors of United 
States Postal Service and published by it in Federal Register, see 
section 15(a) of Pub. L. 91-375, set out as an Effective Date note 
preceding section 101 of Title 39, Postal Service.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-456 effective with respect to articles 
entered, or withdrawn from warehouse, for consumption on or after Aug. 
31, 1963, see section 501(a) of Pub. L. 87-456.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-726 effective on 60th day following date on 
which Administrator of Federal Aviation Agency first appointed under 
Pub. L. 85-726 qualifies and takes office, see section 1505(2) of Pub. 
L. 85-726. The Administrator was appointed, qualified, and took office 
on Oct. 31, 1958.

                          Transfer of Functions

    ``Director of the United States Information Agency'' substituted for 
``Director of the International Communication Agency'' in subsec. 
(d)(21) pursuant to section 303(b) of Pub. L. 97-241, title III, Aug. 
24, 1982, 96 Stat. 291, set out as a note under section 1461 of Title 
22, Foreign Relations and Intercourse. United States Information Agency 
(other than Broadcasting Board of Governors and International 
Broadcasting Bureau) abolished and functions transferred to Secretary of 
State, see sections 6531 and 6532 of Title 22.
    Atomic Energy Commission abolished and functions transferred by 
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, 
also, Transfer of Functions notes set out under those sections.
    In subsec. (d)(14), ``Federal Aviation Administration'' substituted 
for ``Federal Aviation Agency'' pursuant to Pub. L. 89-670, which 
transferred all functions, powers, and duties of Federal Aviation Agency 
and of Administrator and other offices and officers thereof to Secretary 
of Transportation and established a Federal Aviation Administration in 
Department of Transportation. See section 106 of Title 49, 
Transportation.
    Office of Chief of Weather Bureau abolished, and Weather Bureau 
consolidated with Coast and Geodetic Survey to form a new agency in 
Department of Commerce to be known as Environmental Science Services 
Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 
8819, 79 Stat. 1318, set out in the Appendix to Title 5, Government 
Organization and Employees. Functions of Chief of Bureau and of Bureau 
transferred to Secretary of Commerce by the Plan.
    Environmental Science Services Administration abolished by Reorg. 
Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set 
out in the Appendix to Title 5, Government Organization and Employees, 
which created National Oceanic and Atmospheric Administration in 
Department of Commerce. By Department Organization Order 25-5A, 
republished 39 F.R. 27486, Secretary of Commerce delegated to NOAA his 
functions relating to Weather Bureau. By order of Acting Associate 
Administrator of NOAA, organization name of Weather Bureau changed to 
National Weather Service. For further details, see the Codification note 
under section 311 of Title 15, Commerce and Trade.
    Munitions Board, together with Office of Chairman, abolished and 
Board's functions transferred to Secretary of Defense by Reorg. Plan No. 
6 of 1953, eff. June 30, 1953, 18 F.R. 3743, set out in the Appendix to 
Title 5, Government Organization and Employees.


                        Architect of the Capitol

    The Legislative Branch Appropriation Acts, acts June 13, 1945, ch. 
189, Sec. 1, 59 Stat. 252; July 1, 1946, ch. 530, Sec. 101, 60 Stat. 
401; July 17, 1947, ch. 262, Sec. 101, 61 Stat. 370; June 14, 1948, ch. 
467, Sec. 101, 62 Stat. 431; June 22, 1949, ch. 235, Sec. 101, 63 Stat. 
225, provided in part that appropriations under the control of the 
Architect could be expended without reference to section 7 of Title 41, 
Public Contracts. Similar provisions appeared in prior Legislative 
Branch Appropriation Acts.

                  Section Referred to in Other Sections

    This section is referred to in section 752 of this title; title 10 
section 7306; title 41 section 252.
