Notes on 40 U.S.C. § 113 : US Code - Notes

Search Notes on 40 U.S.C. § 113 : US Code - Notes

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1066; Pub. L. 108-458,
title I, Sec. 1080, Dec. 17, 2004, 118 Stat. 3696.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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113(a) 40:474(c) (words June 30, 1949, ch. 288,
before 1st comma). title VI, Sec. 602(c)-(e),
formerly Sec. 502(c)-(e), 63
Stat. 401; renumbered Sec.
602(c)-(e), Sept. 5, 1950,
ch. 849, Sec. 6(a), (b), 64
Stat. 583; Sept. 5, 1950,
ch. 849, Secs. 7(e), (f),
8(c), 64 Stat. 590, 591;
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.
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.
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.
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).
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In subsection (a), the word "paramount" is omitted as included in
"not subject to any inconsistent provision".
In subsection (c), the words "chapter 91 of title 31" are
substituted for "the Government Corporation Control Act (59 Stat.
597; 31 U.S.C. 841)" in section 602(c) of the Federal Property and
Administrative Services Act of 1949, because of section 4(b) of the
Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067).
In subsection (e), the text of 40:474(d)(8) is omitted because 50
App.:1171(b) was repealed by section 53 of the Act of August 10,
1956 (ch. 1041, 70A Stat. 641). 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.
In 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
section 49(b) of the Act of August 10, 1956 (ch. 1041, 70A Stat.
640).
In 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, 63 Stat. 591) and because of
10:113(a).
In subsection (e)(5), the words "section 2535 of title 10" are
substituted for "the National Industrial Reserve Act of 1948 [50
U.S.C. 451 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 (Public
Law 93-155, 87 Stat. 617), and transferred to section 2535 of title
10 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
(Public Law 102-484, title XLII, 106 Stat. 2690).
In subsection (e)(6), the words "the Munitions Board" are omitted
because sections 1 and 2 of Reorganization Plan No. 6 of 1953 (eff.
June 30, 1953, 67 Stat. 638) abolished the Munitions Board and
transferred the Board's functions to the Secretary of Defense.
In 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. June 30, 1953, 67 Stat.
638). The words "the Act of August 31, 1947, 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 July 31,
1947 (ch. 413, 61 Stat. 694), which was repealed by section 205(a)
of the Housing Act of 1950 (ch. 94, 64 Stat. 73).
In subsection (e)(9), the words "an official or entity under the
Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)" are substituted
for "the Secretary of Agriculture, Farm Credit Administration, or
any farm credit board under section 640l(b) of title 12" because
section 5.40(a), formerly 5.26(a), of the Farm Credit Act of 1971
(12:2001 note), repealed 12:640l, 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 (12 U.S.C. 2001 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 December 31, 1995, 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).
In 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 (Public Law 89-670, 80 Stat. 932,
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. July 13, 1965, 79 Stat. 1318). The words "section 47301 of
title 49" are substituted for "the International Aviation
Facilities Act (62 Stat. 450)" in section 602(d)(14) of the Federal
Property and Administrative Services Act of 1949 because of section
6(b) of the Act of July 5, 1994 (Public Law 103-272, 108 Stat.
1378).
In 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 January 12, 1895 (28 Stat. 601), as amended or any other
Act" in section 602(d)(18) of the Federal Property and
Administrative Services Act of 1949 because of section 2(b) of the
Act of October 22, 1968 (Public Law 90-620, 82 Stat. 1305), the
first section of which enacted Title 44, United States Code.
In 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 (Public Law 97-
241, 96 Stat. 291)] because of 22:6551.
REFERENCES IN TEXT
The Office of Federal Procurement Policy Act, referred to in
subsec. (b), 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.
(e)(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 Strategic and Critical Materials Stock Piling Act, referred
to in subsec. (e)(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, War and National Defense. For complete
classification of this Act to the Code, see section 98 of Title 50
and Tables.
The Foreign Service Buildings Act, 1926, referred to in subsec.
(e)(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.
The Richard B. Russell National School Lunch Act, referred to in
subsec. (e)(8)(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. (e)(8)(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.
The Farm Credit Act of 1971, referred to in subsec. (e)(9), is
Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 583, as amended, which is
classified generally to chapter 23 (Sec. 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 section 2001 of Title 12
and Tables.
The National Housing Act, referred to in subsec. (e)(10)(B)(ii),
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.
(e)(10)(B)(ii), 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, Banks and Banking. 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, referred to in subsec.
(e)(18), 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.
AMENDMENTS
2004 - Subsec. (e)(20). Pub. L. 108-458 added par. (20).
EFFECTIVE DATE OF 2004 AMENDMENT
For Determination by President that amendment by Pub. L. 108-458
take effect on Apr. 21, 2005, see Memorandum of President of the
United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
under section 401 of Title 50, War and National Defense.
Amendment by Pub. L. 108-458 effective not later than six months
after Dec. 17, 2004, except as otherwise expressly provided, see
section 1097(a) of Pub. L. 108-458, set out as an Effective Date of
2004 Amendment; Transition Provisions note under section 401 of
Title 50, War and National Defense.