31 U.S.C. § 6302 — Definitions

Page 523 TITLE 31—MONEY AND FINANCE § 6302 § 6206. Data consistency and uniformity of data elements The Director shall designate a single organiza- tional unit to provide for data consistency and uniform reporting of data elements. (Added Pub. L. 99–547, § 2(a), Oct. 27, 1986, 100 Stat. 3059.) § 6207. Authorization of appropriations There are authorized to be appropriated to carry out this chapter such sums as may be nec- essary for each of the fiscal years 1986, 1987, 1988, 1989, and 1990. (Added Pub. L. 99–547, § 2(a), Oct. 27, 1986, 100 Stat. 3060.) CHAPTER 63—USING PROCUREMENT CON- TRACTS AND GRANT AND COOPERATIVE AGREEMENTS Sec. 6301. Purposes. 6302. Definitions. 6303. Using procurement contracts. 6304. Using grant agreements. 6305. Using cooperative agreements. 6306. Authority to vest title in tangible personal property for research. 6307. Interpretative guidelines and exemptions. 6308. Use of multiple relationships for different parts of jointly financed projects. 6309. Non-propagation of core-based statistical area delineations. Editorial Notes AMENDMENTS 2022—Pub. L. 117–219, § 5(b), Dec. 5, 2022, 136 Stat. 2273, added item 6309. § 6301. Purposes The purposes of this chapter are to— (1) promote a better understanding of United States Government expenditures and help eliminate unnecessary administrative require- ments on recipients of Government awards by characterizing the relationship between execu- tive agencies and contractors, States, local governments, and other recipients in acquir- ing property and services and in providing United States Government assistance; (2) prescribe criteria for executive agencies in selecting appropriate legal instruments to achieve— (A) uniformity in their use by executive agencies; (B) a clear definition of the relationships they reflect; and (C) a better understanding of the respon- sibilities of the parties to them; and (3) promote increased discipline in selecting and using procurement contracts, grant agree- ments, and cooperative agreements, maximize competition in making procurement con- tracts, and encourage competition in making grants and cooperative agreements. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1003.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6301 ......... 41:501. Feb. 3, 1978, Pub. L. 95–224, § 2, 92 Stat. 3. In the chapter, the words ‘‘procurement contract’’ are substituted for ‘‘contract’’ for consistency. The text of 41:501(a) and (b)(4) is omitted as executed. Statutory Notes and Related Subsidiaries ENVIRONMENTAL PROTECTION AGENCY; AGREEMENTS AND GRANTS AFFECTING REAL PROPERTY IN THE DIS- TRICT OF COLUMBIA Pub. L. 106–522, § 153, Nov. 22, 2000, 114 Stat. 2474, pro- vided that: ‘‘(a) Nothing in the Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301 et seq.) may be construed to prohibit the Administrator of the Envi- ronmental Protection Agency from negotiating and en- tering into cooperative agreements and grants author- ized by law which affect real property of the Federal Government in the District of Columbia if the principal purpose of the cooperative agreement or grant is to provide comparable benefits for Federal and non-Fed- eral properties in the District of Columbia. ‘‘(b) Subsection (a) shall apply with respect to fiscal year 2001 and each succeeding fiscal year.’’ Similar provisions were contained in Pub. L. 106–553, § 1(a)(1) [§ 153], Dec. 21, 2000, 114 Stat. 2762, 2762A–37, which was repealed, and deemed for all purposes to have never been enacted, by Pub. L. 106–554, § 1(a)(4) [div. A, § 406(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–189, effective as if included in Pub. L. 106–553 on the date of its enactment. See section 1(a)(4) [div. A, § 406] of Pub. L. 106–554, set out as an Effective Date and Construc- tion of 2000 Amendment note under section 1155 of Title 20, Education. § 6302. Definitions In this chapter— (1) ‘‘executive agency’’ does not include a mixed-ownership Government corporation. (2) ‘‘grant agreement’’ and ‘‘cooperative agreement’’ do not include an agreement under which is provided only— (A) direct United States Government cash assistance to an individual; (B) a subsidy; (C) a loan; (D) a loan guarantee; or (E) insurance. (3) ‘‘local government’’ means a unit of gov- ernment in a State, a local public authority, a special district, an intrastate district, a coun- cil of governments, a sponsor group represent- ative organization, an interstate entity, or an- other instrumentality of a local government. (4) ‘‘other recipient’’ means a person or re- cipient (except a State or local government) authorized to receive United States Govern- ment assistance or procurement contracts and includes a charitable or educational institu- tion. (5) ‘‘State’’ means a State of the United States, the District of Columbia, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having govern- mental duties and powers. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1003.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6302(1) ..... 41:502(4). Feb. 3, 1978, Pub. L. 95–224, § 3, 92 Stat. 4. 6302(2) ..... 41:502(5). 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 instrument reflecting a rela- tionship between the United States Government and a State, a local government, or other recipi- ent 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 in- stead of acquiring (by purchase, lease, or bar- ter) 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 car- rying out the activity contemplated in the agreement. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1004.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6304 ......... 41:504. Feb. 3, 1978, Pub. L. 95–224, § 5, 92 Stat. 4. The words ‘‘type of’’ are omitted as unnecessary. The words ‘‘money, property, services’’ are omitted as being included in ‘‘a thing of value’’. The words ‘‘in order’’ are omitted as surplus. The words ‘‘law of the United States’’ are substituted for ‘‘Federal statute’’ for con- sistency. § 6305. Using cooperative agreements An executive agency shall use a cooperative agreement as the legal instrument reflecting a relationship between the United States Govern- ment 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, local government, or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States in- stead of acquiring (by purchase, lease, or bar- ter) property or services for the direct benefit or use of the United States Government; and (2) substantial involvement is expected be- tween the executive agency and the State, local government, or other recipient when car- rying out the activity contemplated in the agreement. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1004.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6305 ......... 41:505. Feb. 3, 1978, Pub. L. 95–224, § 6, 92 Stat. 5. The words ‘‘type of’’ are omitted as unnecessary. The words ‘‘money, property, services’’ are omitted as being included in ‘‘a thing of value’’. The words ‘‘law of the United States’’ are substituted for ‘‘Federal statute’’ for consistency. Statutory Notes and Related Subsidiaries IMPLEMENTATION OF NORTH AMERICAN WETLANDS CON- SERVATION ACT AND NORTH AMERICAN WATERFOWL MANAGEMENT PLAN Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 995, pro- vided that: ‘‘Notwithstanding the provisions of the Fed- eral Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301–6308), the Fish and Wildlife Service is here- after authorized to negotiate and enter into coopera- tive arrangements and grants with public and private agencies, organizations, institutions, and individuals to implement on a public-private cost sharing basis, the North American Wetlands Conservation Act [16 U.S.C. 4401 et seq.] and the North American Waterfowl Man- agement Plan’’. PRINTING OF EDUCATIONAL MATERIALS AND CONTINUATION OF CHALLENGE COST-SHARE PROGRAM Pub. L. 102–154, title II, Nov. 13, 1991, 105 Stat. 1018, provided that: ‘‘Notwithstanding the provisions of the Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301–6308), the Forest Service is authorized hereafter to negotiate and enter into cooperative ar- rangements with public and private agencies, organiza- tions, institutions, and individuals to print educational materials and to continue the Challenge Cost-Share Program.’’ BUREAU OF LAND MANAGEMENT; AUTHORIZATION TO USE COOPERATIVE ARRANGEMENTS TO IMPLEMENT CHALLENGE COST-SHARE PROGRAMS Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1918, pro- vided in part that: ‘‘the Bureau [of Land Management] is authorized hereafter to negotiate and enter into co- operative arrangements with public and private agen- cies, organizations, institutions, and individuals, to im- plement challenge cost-share programs.’’