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31 U.S.C. § 6304 — Using grant agreements
Federal law — U.S. Code and appendices · legal_authorities
An executive agency shall use a grant agreement as the legal instrument reflecting a relationship between the United States Government and a State, a local government, or other recipient when—
(1) the principal purpose of the relationship is to transfer a thing of value to the State or local government or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States instead of acquiring (by purchase, lease, or barter) property or services for the direct benefit or use of the United States Government; and
(2) substantial involvement is not expected between the executive agency and the State, local government, or other recipient when carrying out the activity contemplated in the agreement.
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Stable record: federal_law:legal_authorities:record_usc_0cde7f2da19cbc0f5ad7f93f
Source file: Laws/federal/codes/united-states-code/title-31/section-6304-using-grant-agreements--f8825999a6.md
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Passage SHA-256: fdae014a8f78384131203b117e1ad727d669eb585ffc4f71d102933b8cb42401
Source location: Title 31, Chapter 63, § 6304; chapter-063-using-procurement-contracts-and-grant-and-cooperative-agreements.md
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An executive agency shall use a grant agreement as the legal instrument reflecting a relationship between the United States Government and a State, a local government, or other recipient when—
(1) the principal purpose of the relationship is to transfer a thing of value to the State or local government or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States instead of acquiring (by purchase, lease, or barter) property or services for the direct benefit or use of the United States Government; and
(2) substantial involvement is not expected between the executive agency and the State, local government, or other recipient when carrying out the activity contemplated in the agreement.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Public-private Partnerships.—** The Secretary of Defense may enter into arrangements known as public-private partnerships with appropriate entities outside the Government for the purposes of facilitating the activities of the designated Defense Agency. The Secretary may only partner with foreign governments or foreign entities with the concurrence of the Secretary of State. Any such arrangement shall be entered into in accordance with authorities provided under this section or any other authority otherwise available to the Secretary. Regulations prescribed under subsection (f)(1) shall include provisions for the establishment and implementation of such partnerships. An employee of an entity outside the Government that has entered into a public-private partnership, cooperative agreement, or a grant arrangement with, or in direct support of, the designated Defense Agency under this section shall be considered to be an employee of the Federal Government by reason of participation in such partnership, cooperative agreement, or grant, only for the purposes of [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim) (relating to maintenance of records on individuals).
**(b) Acceptance of Voluntary Personal Services.—** The Secretary of Defense may accept voluntary services to facilitate accounting for missing persons in the same manner as the Secretary of a military department may accept such services under [section 1588(a)(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1588/a/9&num=0&edition=prelim).
**(c) Cooperative Agreements and Grants.—**
(1) **In general.—** — The Secretary of Defense may enter into a cooperative agreement with, or make a grant
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1501a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to make grants** The Secretary of Defense shall make grants, in accordance with [section 6304 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6304&num=0&edition=prelim), to Sematech in order to defray expenses incurred by Sematech in conducting research on and development of semiconductor manufacturing technology. The grants shall be made in accordance with a memorandum of understanding entered into under subsection (b).
**(b) Memorandum of understanding** The Secretary of Defense shall enter into a memorandum of understanding with Sematech for the purposes of this subchapter. The memorandum of understanding shall require the following:
(1) That Sematech have—
(A) a charter agreed to by all representatives of the semiconductor industry that are participating members of Sematech; and
(B) an annual operating plan that is developed in consultation with the Secretary of Defense and the Semiconductor Technology Council.
(2) That the total amount of funds made available to Sematech by Federal, State, and local government agencies for any fiscal year for the support of research and development activities of Sematech under this section may not exceed 50 percent of the total cost of such activities.
(3) That Sematech, in conducting research and development activities pursuant to the memorandum of understanding, cooperate with and draw on the expertise of the national laboratories of the Department of Energy and of colleges and universities in the United States in the field of semiconductor manufacturing technology.
(4) That an independent, commercial auditor be retained (A) to determine the extent to which the funds made available to Sematech by the United States for the research and development activities of Se
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 4602
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “contract” has the same meaning as “procurement contract” in [section 6303 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6303&num=0&edition=prelim).
(2) The term “cooperative agreement” has the same meaning as in [section 6305 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6305&num=0&edition=prelim).
(3) The term “eligible entity” means—
(A) a research or educational entity chartered or incorporated under Federal or State law;
(B) an individual who is a United States citizen; or
(C) a State or regional agency.
(4) The term “grant” has the same meaning as “grant agreement” in [section 6304 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6304&num=0&edition=prelim).
(5) The term “in-kind contribution” means a noncash contribution provided by a non-Federal entity that directly benefits and is related to a specific project or program. An in-kind contribution may include real property, equipment, supplies, other expendable property, goods, and services.
(6) The term “marine mineral resource” means—
(A) sand and aggregates;
(B) placers;
(C) phosphates;
(D) manganese nodules;
(E) cobalt crusts;
(F) metal sulfides;
(G) for purposes of this section and sections 1902 through 1905 of this title only, methane hydrate; and
(H) other marine resources that are not—
(i) oil and gas;
(ii) fisheries; or
(iii) marine mammals.
(7) The term “methane hydrate” means—
(A) a methane clathrate that is in the form of a methane-water ice-like crystalline material and is stable and occurs naturally in deep-ocean and permafrost areas; and
(B) other natural gas hydrates found in associati
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1901
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Contract** — The term “contract” means a procurement contract within the meaning of [section 6303 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6303&num=0&edition=prelim).
(2) **Cooperative agreement** — The term “cooperative agreement” means a cooperative agreement within the meaning of [section 6305 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6305&num=0&edition=prelim).
(3) **Director** — The term “Director” means the Director of the National Science Foundation.
(4) **Grant** — The term “grant” means a grant awarded under a grant agreement (within the meaning of [section 6304 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6304&num=0&edition=prelim)).
(5) **Industrial enterprise** — The term “industrial enterprise” means a private, nongovernmental enterprise that has an expertise or capability that relates to methane hydrate research and development.
(6) **Institution of higher education** — The term “institution of higher education” means an institution of higher education (as defined in [section 1002 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1002&num=0&edition=prelim)).
(7) **Secretary** — The term “Secretary” means the Secretary of Energy, acting through the Assistant Secretary for Fossil Energy.
(8) **Secretary of Commerce** — The term “Secretary of Commerce” means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.
(9) **Secretary of Defense** — The term “Secretary of Defense” means the Secretary of Defense, acting through the Secretary of the Navy.
(10) **Secretary of the Interior** — The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 2002
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Federal law — U.S. Code and appendices · legal_authorities
Page 524
TITLE 31—MONEY AND FINANCE
§ 6303
HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
6302(3) .....
41:502(2).
6302(4) .....
41:502(3).
6302(5) .....
41:502(1).
Clause (3) restates the source provisions because of
the definition of ‘‘executive agency’’ in section 102 of
the revised title. The words ‘‘a county, municipality,
city, town, township’’ are omitted as being included in
‘‘a unit of government in a State’’.
In clause (5), the words ‘‘the Commonwealth of Puer-
to Rico’’ are omitted as being included in ‘‘territory or
possession of the United States’’ and as unnecessary be-
cause of 48:734. The words ‘‘duties and powers’’ are sub-
stituted for ‘‘functions’’ for consistency in the revised
title and with other titles of the United States Code.
§ 6303. Using procurement contracts
An executive agency shall use a procurement
contract as the legal instrument reflecting a re-
lationship between the United States Govern-
ment and a State, a local government, or other
recipient when—
(1) the principal purpose of the instrument is
to acquire (by purchase, lease, or barter) prop-
erty or services for the direct benefit or use of
the United States Government; or
(2) the agency decides in a specific instance
that the use of a procurement contract is ap-
propriate.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1004.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
6303 .........
41:503.
Feb. 3, 1978, Pub. L. 95–224, § 4,
92 Stat. 4.
The words ‘‘type of’’ are omitted as unnecessary. The
word ‘‘decides’’ is substituted for ‘‘determines’’ for con-
sistency.
§ 6304. Using grant agreements
An executive agency shall use a grant agree-
ment as the legal
Source: Supplied 2024 U.S. Code historical extraction · 31 U.S.C. § 6304
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.