§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;

(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

(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, §602, formerly title V, §502, 63 Stat. 399 ; Aug. 10, 1949, ch. 412, §12(a), (g), 63 Stat. 591 ; renumbered and amended Sept. 5, 1950, ch. 849, §§6(a), (b), 7(e), (f), 8(c), 64 Stat. 583 , 590; 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. 89–670, §§3(e), 6(c)(1), Oct. 15, 1966, 80 Stat. 932 , 938; 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. 97–241, title III, §303(b), Aug. 24, 1982, 96 Stat. 291 ; 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 .)

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 (§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 (§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 (§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, §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, §2, July 30, 1979, 93 Stat. 319 , which is classified generally to subchapter III (§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 (§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, §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 (§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, §21, 62 Stat. 862 , and act Aug. 8, 1961, Pub. L. 87–128, title III, §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, §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, §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 (§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, §2, 64 Stat. 873 , as amended, which is classified generally to chapter 16 (§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 (§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, §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, §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 (§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, §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, §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, §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, §§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, §1, 59 Stat. 252 ; July 1, 1946, ch. 530, §101, 60 Stat. 401 ; July 17, 1947, ch. 262, §101, 61 Stat. 370 ; June 14, 1948, ch. 467, §101, 62 Stat. 431 ; June 22, 1949, ch. 235, §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.

¹ So in original. Should be "July".

² So in original. Probably should be "or under".

³ So in original.