Public Law 119-73 (01/23/2026)

40 U.S.C. § 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 Division B (Except Sections 1704 and 2303) of Subtitle I of Title 41 .—

1
1 So in original. Probably should not be capitalized.
1The authority conferred by this subtitle is subject to division B (Except  Sections  1704 and 2303) of subtitle I of title 41.
(c)

Limitation Regarding Certain Government Corporations and Agencies .—

Sections 121(b) and 506(c) of this title do not apply to a Government corporation or agency that is subject to chapter 91 of title 31.
(d)

Limitation Regarding Congress .—

This subtitle does not apply to the Senate or the House of Representatives (including the Architect of the Capitol and any building, activity, or function under the direction of the Architect). However, services and facilities authorized by this subtitle shall, as far as practicable, be made available to the Senate, the House of Representatives, and the Architect of the Capitol on their request. If payment would be required for providing a similar service or facility to an executive agency, payment shall be made by the recipient, on presentation of proper vouchers, in advance or by reimbursement (as may be agreed upon by the Administrator of General Services and the officer or body making the request). The payment may be credited to the applicable appropriation of the executive agency receiving the payment.
(e)

Other Limitations .—

Nothing in this subtitle impairs or affects the authority of—
(1)
22 U.S.C. 1381 the President under the Philippine Property Act of 1946 ( et seq.);
(2)
an executive agency, with respect to any program conducted for purposes of resale, price support, grants to farmers, stabilization, transfer to foreign governments, or foreign aid, relief, or rehabilitation, but the agency carrying out the program shall, to the maximum extent practicable, consistent with the purposes of the program and the effective, efficient conduct of agency business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
(3)
section 3063 of title 10 an executive agency named in , 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”;
(4)
the Secretary of Defense with respect to property required for or located in occupied territories;
(5)
section 4881 of title 10 the Secretary of Defense with respect to the administration of ;
(6)
50 U.S.C. 98 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 ( et seq.);
(7)
22 U.S.C. 292 the Secretary of State under the Foreign Service Buildings Act, 1926 ( et seq.);
(8)
the Secretary of Agriculture under—
(A)
42 U.S.C. 1751 the Richard B. Russell National School Lunch Act ( et seq.);
(B)
60 Stat. 1062 the Farmers Home Administration Act of 1946 (ch. 964, );
(C)
section 32 of the Act of August 24, 19357 U.S.C. 612c (), with respect to the exportation and domestic consumption of agricultural products;
(D)
7 U.S.C. 1291 section 201 of the Agricultural Adjustment Act of 1938 (); or
(E)
7 U.S.C. 1622(j) section 203(j) of the Agricultural Marketing Act of 1946 ();
(9)
12 U.S.C. 2001 an official or entity under the Farm Credit Act of 1971 ( et seq.), with respect to the acquisition or disposal of property;
(10)
the Secretary of Housing and Urban Development or the Federal Deposit Insurance Corporation (or an officer of the Corporation) with respect to the disposal of—
(A)
residential property; or
(B)
other property—
(i)
acquired or held as part of, or in connection with, residential property; or
(ii)
12 U.S.C. 170112 U.S.C. 1811 held in connection with the insurance of mortgages, loans, or savings association accounts under the National Housing Act ( et seq.), the Federal Deposit Insurance Act ( et seq.), or any other law;
(11)
section 501(c) of this title the Tennessee Valley Authority with respect to nonpersonal services, with respect to , 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)
section 47301 of title 49 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 ) for use as such property;
(14)
the United States Postal Service;
(15)
the Maritime Administration with respect to the acquisition, procurement, operation, maintenance, preservation, sale, lease, charter, construction, reconstruction, or reconditioning (including outfitting and equipping incidental to construction, reconstruction, or reconditioning) of a merchant vessel or shipyard, ship site, terminal, pier, dock, warehouse, or other installation necessary or appropriate for carrying out a program of the Administration authorized by law or nonadministrative activities incidental to a program of the Administration authorized by law, but the Administration shall, to the maximum extent it considers practicable, consistent with the purposes of its programs and the effective, efficient conduct of its activities, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
(16)
the Central Intelligence Agency;
(17)
the Joint Committee on Printing, under title 44 or any other law;
(18)
16 U.S.C. 832 the Secretary of the Interior with respect to procurement for program operations under the Bonneville Project Act of 1937 ( et seq.);
(19)
the Secretary of State with respect to the furnishing of facilities in foreign countries and reception centers within the United States; or
(20)
the Office of the Director of National Intelligence.

Pub. L. 107–217116 Stat. 1066Pub. L. 108–458, title I, § 1080118 Stat. 3696Pub. L. 111–350, § 5l124 Stat. 3851Pub. L. 117–81, div. A, title XVII, § 1702(g)(1)135 Stat. 2157(, , ; , , ; ()(4), , ; , , .)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

113(a)

40:474(c) (words before 1st comma).

June 30, 1949, ch. 288, title VI, § 602(c)–(e), formerly § 502(c)–(e), 63 Stat. 401; renumbered § 602(c)–(e), Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583; Sept. 5, 1950, ch. 849, §§ 7(e), (f), 8(c), 64 Stat. 590, 591; Pub. L. 85–726, title XIV, § 1406, Aug. 23, 1958, 72 Stat. 808; Pub. L. 87–456, title III, § 303(b), May 24, 1962, 76 Stat. 78; Pub. L. 89–343, § 6, Nov. 8, 1965, 79 Stat. 1303; Pub. L. 90–19, § 7, May 25, 1967, 81 Stat. 22; Pub. L. 91–375, § 6(m)(2), Aug. 12, 1970, 84 Stat. 782; Pub. L. 93–400, § 15(4), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96–60, title II, § 203(c), Aug. 15, 1979, 93 Stat. 399; Pub. L. 96–83, § 10(b), Oct. 10, 1979, 93 Stat. 652; Pub. L. 97–31, § 12(13), Aug. 6, 1981, 95 Stat. 154; Pub. L. 98–191, §§ 8(d)(2), 9(a)(3), Dec. 1, 1983, 97 Stat. 1331; Pub. L. 101–73, title VII, § 744(f), Aug. 9, 1989, 103 Stat. 438; Pub. L. 106–78, title VII, § 752(b)(14), Oct. 22, 1999, 113 Stat. 1170.

113(b)

40:474(c) (words between 1st and last commas).

113(c)

40:474(c) (words after last comma).

113(d)

40:474(e).

113(e)

40:474(d).

In subsection (a), the word “paramount” is omitted as included in “not subject to any inconsistent provision”.

59 Stat. 59731 U.S.C. 841section 4(b) of the Act of September 13, 1982Public Law 97–25896 Stat. 1067In subsection (c), the words “chapter 91 of title 31” are substituted for “the Government Corporation Control Act (; )” in section 602(c) of the Federal Property and Administrative Services Act of 1949, because of (, ).

section 53 of the Act of August 10, 195670A Stat. 641In subsection (e), the text of 40:474(d)(8) is omitted because 50 App.:1171(b) was repealed by (ch. 1041, ). The text of 40:474(d)(19) is omitted as obsolete.

In subsection (e)(2), the words “any phase (including, but not limited to, procurement, storage, transportation, processing, and disposal) of” and “the fulfillment of” are omitted as unnecessary.

section 49(b) of the Act of August 10, 195670A Stat. 640In subsection (e)(3), the words “chapter 137 of title 10” and “that chapter” are substituted for “Armed Services Procurement Act of 1947” and “said Act” in section 602(d)(3) of the Federal Property and Administrative Services Act of 1949, because of (ch. 1041, ).

63 Stat. 591In subsection (e)(4), the words “Secretary of Defense” are substituted for “National Military Establishment” in section 602(d)(4) of the Federal Property and Administrative Services Act of 1949, because of section 12(a), (g) of the National Security Act Amendments of 1949 (ch. 412, ) and because of 10:113(a).

section 2535 of title 1050 U.S.C. 451Public Law 93–15587 Stat. 617section 2535 of title 10Public Law 102–484, title XLII106 Stat. 2690In subsection (e)(5), the words “” are substituted for “the National Industrial Reserve Act of 1948 [ et seq.]” because the National Industrial Reserve Act was renamed “Defense Industrial Reserve Act” by section 809 of the Department of Defense Appropriation Authorization Act, 1974 (, ), and transferred to by section 4235 of the Defense Conversion, Reinvestment and Transition Assistance Act of 1992, which was included as Division D in the National Defense Authorization Act for Fiscal Year 1993 (, ).

67 Stat. 638In subsection (e)(6), the words “the Munitions Board” are omitted because sections 1 and 2 of Reorganization Plan No. 6 of 1953 (eff. , ) abolished the Munitions Board and transferred the Board’s functions to the Secretary of Defense.

67 Stat. 63861 Stat. 69464 Stat. 73In subsection (e)(8), the words “or the Department of Agriculture” are omitted as unnecessary because of section 1 of Reorganization Plan No. 2 of 1953 (eff. , ). The words “the Act of , Public Law 298, Eightieth Congress, with respect to the disposal of labor supply centers, and labor homes, labor camps, or facilities” are omitted because the intended reference is probably to the Act of (ch. 413, ), which was repealed by section 205(a) of the Housing Act of 1950 (ch. 94, ).

12 U.S.C. 2001ll12 U.S.C. 2001In subsection (e)(9), the words “an official or entity under the Farm Credit Act of 1971 ( et seq.)” are substituted for “the Secretary of Agriculture, Farm Credit Administration, or any farm credit board under section 640(b) of title 12” because section 5.40(a), formerly 5.26(a), of the Farm Credit Act of 1971 (12:2001 note), repealed 12:640, and provided that “[a]ll references in other legislation . . . to the Acts repealed hereby shall be deemed to refer to comparable provisions of [the Farm Credit Act of 1971 ( et seq.)]”.

In subsection (e)(10), the words “Secretary of Housing and Urban Development” are substituted for “Department of Housing and Urban Development” because of 42:3532. The words “Federal Deposit Insurance Corporation” are substituted for “Resolution Trust Corporation” because under 12:1441a(m)(1), the Resolution Trust Corporation terminated on , and was succeeded by the Federal Deposit Insurance Corporation.

In subsection (e)(11), the words “property acquired in connection with” are substituted for “any property acquired or to be acquired for or in connection with” to eliminate unnecessary words.

In subsection (e)(12), the words “the Secretary of Energy with respect to atomic energy” are substituted for “the Atomic Energy Commission” because the Atomic Energy Commission was abolished and its functions were transferred to the Administrator of the Energy Research and Development Administration by section 104 of the Energy Reorganization Act of 1974 (42:5814), and the Energy Research and Development Administration was subsequently terminated and its functions transferred to the Secretary of Energy by sections 301(a) and 703 of the Department of Energy Organization Act (42:7151(a), 42:7293).

Public Law 89–67080 Stat. 93279 Stat. 1318section 47301 of title 4962 Stat. 450section 6(b) of the Act of July 5, 1994Public Law 103–272108 Stat. 1378In subsection (e)(13), the words “Secretary of Transportation” are substituted for “Administrator of the Federal Aviation Agency” in section 602(d)(14) of the Federal Property and Administrative Services Act of 1949 because of sections 3(e) and 6(c)(1) of the Department of Transportation Act (, , 938), because of 49:106(f) and (g), and because of 49:ch. 473. The words “Secretary of Commerce” are substituted for “Chief of the Weather Bureau” in section 602(d)(14) of the Federal Property and Administrative Services Act of 1949 because the office of Chief of the Weather Bureau was abolished and functions were transferred to the Secretary of Commerce by Reorganization Plan No. 2 of 1965 (eff. , ). The words “” are substituted for “the International Aviation Facilities Act ()” in section 602(d)(14) of the Federal Property and Administrative Services Act of 1949 because of (, ).

28 Stat. 601section 2(b) of the Act of October 22, 1968Public Law 90–62082 Stat. 1305In subsection (e)(17), the words “title 44 or any other law” are substituted for “the Act entitled ‘An Act providing for the public printing and binding and the distribution of public documents’ approved (), as amended or any other Act” in section 602(d)(18) of the Federal Property and Administrative Services Act of 1949 because of (, ), the first section of which enacted Title 44, United States Code.

Public Law 97–24196 Stat. 291In subsection (e)(19), the words “Secretary of State” are substituted for “Director of the International Communication Agency” [subsequently changed to “Director of the United States Information Agency” because of section 303(b) of the Department of State Authorization Act, Fiscal Years 1982 and 1983 (, )] because of 22:6551.

Editorial Notes

References in Text

act July 3, 1946, ch. 53660 Stat. 418section 1381 of Title 22The Philippine Property Act of 1946, referred to in subsec. (e)(1), is , , which is classified generally to subchapter V (§ 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 and Tables.

act June 7, 1939, ch. 190Pub. L. 96–41, § 293 Stat. 319section 98 of Title 50The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (e)(6), is , as revised generally by , , , which is classified generally to subchapter III (§ 98 et seq.) of chapter 5 of Title 50, War and National Defense. For complete classification of this Act to the Code, see and Tables.

act May 7, 1926, ch. 25044 Stat. 403section 299 of Title 22The Foreign Service Buildings Act, 1926, referred to in subsec. (e)(7), is , , which is classified generally to chapter 8 (§ 292 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see and Tables.

act June 4, 1946, ch. 28160 Stat. 230section 1751 of Title 42The Richard B. Russell National School Lunch Act, referred to in subsec. (e)(8)(A), is , , which is classified generally to chapter 13 (§ 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 and Tables.

act Aug. 14, 1946, ch. 96460 Stat. 1062act June 25, 1948, ch. 645, § 2162 Stat. 862Pub. L. 87–128, title III, § 341(a)75 Stat. 318The Farmers Home Administration Act of 1946, referred to in subsec. (e)(8)(B), is , . Such act was substantially repealed by , , and act , , . For complete classification of this Act to the Code, see Tables.

Pub. L. 92–18185 Stat. 583section 2001 of Title 12The Farm Credit Act of 1971, referred to in subsec. (e)(9), is , , , which is classified generally to chapter 23 (§ 2001 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act June 27, 1934, ch. 84748 Stat. 1246section 1701 of Title 12The National Housing Act, referred to in subsec. (e)(10)(B)(ii), is , , which is classified principally to chapter 13 (§ 1701 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see and Tables.

act Sept. 21, 1950, ch. 967, § 264 Stat. 873section 1811 of Title 12The Federal Deposit Insurance Act, referred to in subsec. (e)(10)(B)(ii), is , , which is classified generally to chapter 16 (§ 1811 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Aug. 20, 1937, ch. 72050 Stat. 731section 832 of Title 16The Bonneville Project Act of 1937, referred to in subsec. (e)(18), is , , which is classified generally to chapter 12B (§ 832 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 117–81, § 1702(g)(1)(A)2021—Subsec. (e)(3). , substituted “section 3063” for “chapter 137” and “the provisions of that title referred to in section 3016 of such title as ‘chapter 137 legacy provisions’;” for “that chapter;”.

Pub. L. 117–81, § 1702(g)(1)(B)Subsec. (e)(5). , substituted “section 4881” for “section 2535”.

Pub. L. 111–35041 U.S.C. 4012011—Subsec. (b). substituted “Division B (Except Sections 1704 and 2303) of Subtitle I of Title 41” for “the Office of Federal Procurement Policy Act” in heading and “division B (Except Sections 1704 and 2303) of subtitle I of title 41” for “the Office of Federal Procurement Policy Act ( et seq.)” in text.

Pub. L. 108–4582004—Subsec. (e)(20). added par. (20).

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–458section 3001 of Title 50For Determination by President that amendment by take effect on , see Memorandum of President of the United States, , 70 F.R. 23925, set out as a note under , War and National Defense.

Pub. L. 108–458section 1097(a) of Pub. L. 108–458section 3001 of Title 50Amendment by effective not later than six months after , except as otherwise expressly provided, see , set out as an Effective Date of 2004 Amendment; Transition Provisions note under , War and National Defense.