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31 U.S.C. § 6701 — Payments to local governments

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 6701 — Payments to local governments

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Source location: Title 31, Chapter 67, § 6701; chapter-067-federal-payments.md

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**(a) Payment and Use.—** (1) **Payment.—** — The Secretary shall pay to each unit of general local government which qualifies for a payment under this chapter an amount equal to the sum of any amounts allocated to the government under this chapter for each payment period. The Secretary shall pay such amount out of the Local Government Fiscal Assistance Fund under section 6702. (2) **Use.—** — Amounts paid to a unit of general local government under this section shall be used by that unit for carrying out one or more programs of the unit related to— (A) education to prevent crime; (B) substance abuse treatment to prevent crime; or (C) job programs to prevent crime. (3) **Coordination.—** — Programs funded under this title shall be coordinated with other existing Federal programs to meet the overall needs of communities that benefit from funds received under this section. **(b) Timing of Payments.—** The Secretary shall pay each amount allocated under this chapter to a unit of general local government for a payment period by the later of 90 days after the date the amount is available or the first day of the payment period provided that the unit of general local government has provided the Secretary with the assurances required by section 6703(d). **(c) Adjustments.—** (1) **In general.—** — Subject to paragraph (2), the Secretary shall adjust a payment under this chapter to a unit of general local government to the extent that a prior payment to the government was more or less than the amount required to be paid. (2) **Considerations.—** — The Secretary may increase or decrease under this subsection a payment to a unit of local government only if the Secretary determines the need for the increase or decrease, or the unit requests the increase or decrease, within one year after the end of the payment period for which the payment was made. **(d) Reservation for Adjustments.—** The Secretary may reserve a percentage of not more than 2 percent of the amount under this section for a payment period for all units of general local government in a State if the Secretary considers the reserve is necessary to ensure the availability of sufficient amounts to pay adjustments after the final allocation of amounts among the units of general local government in the State. **(e) Repayment of Unexpended Amounts.—** (1) **Repayment required.—** — A unit of general local government shall repay to the Secretary, by not later than 15 months after receipt from the Secretary, any amount that is— (A) paid to the unit from amounts appropriated under the authority of this section; and (B) not expended by the unit within one year after receipt from the Secretary. (2) **Penalty for failure to repay.—** — If the amount required to be repaid is not repaid, the Secretary shall reduce payments in future payment periods accordingly. (3) **Deposit of amounts repaid.—** — Amounts received by the Secretary as repayments under this subsection shall be deposited in the Local Government Fiscal Assistance Fund for future payments to units of general local government. **(f) Expenditure With Disadvantaged Business Enterprises.—** (1) **General rule.—** — Of amounts paid to a unit of general local government under this chapter for a payment period, not less than 10 percent of the total combined amounts obligated by the unit for contracts and subcontracts shall be expended with— (A) small business concerns controlled by socially and economically disadvantaged individuals and women; (B) historically Black colleges and universities and colleges and universities having a student body in which more than 20 percent of the students are Hispanic Americans or Native Americans; and (C) qualified HUBZone small business concerns. (2) **Exception.—** — Paragraph (1) shall not apply to amounts paid to a unit of general local government to the extent the unit determines that the paragraph does not apply through a process that provides for public participation. (3) **Definitions.—** — For purposes of this subsection— (A) the term “small business concern” has the meaning such term has under section 3 of the Small Business Act; (B) the term “socially and economically disadvantaged individuals” has the meaning such term has under section 8(d) of the Small Business Act and relevant subcontracting regulations promulgated pursuant to that section; and (C) the term “qualified HUBZone small business concern” has the meaning given that term in section 3(p) 11 See References in Text note below. of the Small Business Act ([15 U.S.C. 632](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section632&num=0&edition=prelim)(o) 22 So in original. Probably should be “632(p)”.). **(g) Nonsupplanting Requirement.—** (1) **In general.—** — Funds made available under this chapter to units of local government shall not be used to supplant State or local funds, but will be used to increase the amount of funds that would, in the absence of funds under this chapter, be made available from State or local sources. (2) **Base level amount.—** — The total level of funding available to a unit of local government for accounts serving eligible purposes under this chapter in the fiscal year immediately preceding receipt of a grant under this chapter shall be designated the “base level account” for the fiscal year in which a grant is received. Grants under this chapter in a given fiscal year shall be reduced on a dollar for dollar basis to the extent that a unit of local government reduces its base level account in that fiscal year.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 632 — Definitions

**(a) Small business concerns** (1) **In general** — For the purposes of this chapter, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation. (2) **Establishment of size standards** (A) *In general* — In addition to the criteria specified in paragraph (1) and subject to the requirements specified under subparagraph (C), the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for the purposes of this chapter or any other Act. (B) *Additional criteria* — The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors. (C) *Requirements* — Unless specifically authorized by statute, no Federal department (including the Administration when acting pursuant to subparagraph (A)) or agency may prescribe a size standard for categorizing a business concern as a small business concern, unless such proposed size standard— (i) is proposed after an opportunity for public notice and comment; (ii) provides for determining— (I) the size of a manufacturing concern as measured by the manufacturing concern’s average employment based upon employment during each of the manufacturing concern’s pay periods for the preceding 24 months; (II) the size of a business concern providing services on the basis of the annual average gross receipts of the business concern over

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 631 — Declaration of policy

**(a) Aid, counsel, assistance, etc., to small business concerns** The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic well-being but to the security of this Nation. Such security and well-being cannot be realized unless the actual and potential capacity of small business is encouraged and developed. It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small-business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation. **(b) Assistance to compete in international markets** (1) It is the declared policy of the Congress that the Federal Government, through the Administrator of the Small Business Administration, acting through the Associate Administrator for International Trade, and in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by— (A) enhancing their abil

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 632 — Definitions

Page 769 TITLE 15—COMMERCE AND TRADE § 632 Editorial Notes REFERENCES IN TEXT This subtitle, referred to in subsec. (a), is subtitle D (§§ 141–147) of title I of div. K of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3453, which enacted this section, amended sections 637, 648, 657b, and 657c of this title, enacted provisions set out as note under section 637 of this title, and amended provisions set out as a note under section 657b of this title. For complete classification of subtitle D to the Code, see Tables. CODIFICATION Section was enacted as part of the Small Business Reauthorization and Manufacturing Assistance Act of 2004, and also as part of the Consolidated Appropria- tions Act, 2005, and not as part of the Small Business Act which comprises this chapter. § 632. Definitions (a) Small business concerns (1) In general For the purposes of this chapter, a small- business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independ- ently owned and operated and which is not dominant in its field of operation. (2) Establishment of size standards (A) In general In addition to the criteria specified in paragraph (1) and subject to the require- ments specified under subparagraph (C), the Administrator may specify detailed defini- tions or standards by which a business con- cern may be determined to be a small busi- ness concern for the purposes of this chapter or any other Act. (B) Additional criteria The standards described in paragraph (1) may utilize number of employees, dollar vol- ume of business, net worth, net income, a combinatio

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 6701 — Payments to local governments

Page 536 TITLE 31—MONEY AND FINANCE § 6701 (A) the extent to which— (i) the program conflicts with or dupli- cates other grant programs; and (ii) more effective, efficient, economical, and uniform administration of the program may be achieved by changing the require- ments and procedures applicable to it; and (B) budgetary, accounting, reporting, and administrative procedures of the program. (2) The Comptroller General shall submit to Congress a report on a study made under this subsection and any recommendations. To the ex- tent practicable, a report on an expiring pro- gram shall be submitted in the year before the year in which a program ends. (b)(1) When requested by a committee of Con- gress having jurisdiction over a grant program, the Advisory Commission on Intergovernmental Relations shall study the intergovernmental re- lations aspects of the program, including— (A) the impact of the program on the struc- tural organization of States and local govern- ments and on Federal-State-local fiscal rela- tions; and (B) the coordination of administration of the program by the United States Government and State and local governments. (2) The Commission shall submit to the com- mittee requesting the study and to Congress a report and any recommendations. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1010.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6508(a) ..... 42:4242. Oct. 16, 1968, Pub. L. 90–577, §§ 602, 603, 82 Stat. 1107. 6508(b) ..... 42:4243. In the section, the words ‘‘of Congress’’ are added for clarity. The words ‘‘grant program’’ are substituted for ‘‘grant-in-aid program’’ for consistency in the chapter. In subsection (a)(1), before clause (A), the words ‘‘The study shall include a revi

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