31 U.S.C. § 6501 — Definitions

Page 528 TITLE 31—MONEY AND FINANCE § 6404 (3) take into consideration the consultation required under section 6402(d). (c) UPDATING GUIDANCE.— (1) IN GENERAL.—Not less frequently than once every 10 years, the Director shall update the guidance issued under subsection (a). (2) PROCEDURES.—In updating guidance under paragraph (1), the Director shall, to the maximum extent practicable, follow the pro- cedures for the development of the data stand- ards and guidance prescribed under this sec- tion and section 6402. (Added Pub. L. 116–103, § 4(a), Dec. 30, 2019, 133 Stat. 3269.) Editorial Notes REFERENCES IN TEXT The date of enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 116–103, which was approved Dec. 30, 2019. The Indian Self-Determination and Education Assist- ance Act, referred to in subsec. (b)(2), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see sec- tion 1 of Pub. L. 93–638, set out as a Short Title note under section 5301 of Title 25 and Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Reform of House of Rep- resentatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. § 6404. Agency requirements Not later than 1 year after the date on which guidance is issued or updated under subsection (b) or (c), respectively, of section 6403, the head of each agency shall— (1) ensure that all of the Federal awards that the agency issues use data standards for all fu- ture information collection requests; and (2) amend existing information collection re- quests under chapter 35 of title 44 (commonly known as the ‘‘Paperwork Reduction Act’’) to comply with the data standards established under section 6402 of this chapter, in accord- ance with the guidance issued by the Sec- retary and the Director under section 6403 of this chapter. (Added Pub. L. 116–103, § 4(a), Dec. 30, 2019, 133 Stat. 3269.) CHAPTER 65—INTERGOVERNMENTAL COOPERATION Sec. 6501. Definitions. 6502. Information on grants received. 6503. Intergovernmental financing. 6504. Use of existing State or multimember agency to administer grant programs. 6505. Authority to provide specialized or technical services. 6506. Development assistance. 6507. Congressional review of grant programs. 6508. Studies and reports. Editorial Notes AMENDMENTS 1990—Pub. L. 101–453, § 5(c), Oct. 24, 1990, 104 Stat. 1061, substituted ‘‘Intergovernmental financing’’ for ‘‘Trans- fer and deposit requirements’’ in item 6503. § 6501. Definitions In this chapter— (1) ‘‘assistance’’ means the transfer of any- thing of value for a public purpose of support or stimulation that is— (A) authorized by a law of the United States; (B) provided by the United States Govern- ment through grant or contractual arrange- ments (including technical assistance pro- grams providing assistance by loan, loan guarantee, or insurance); and (C) not an annual payment by the United States Government to the District of Colum- bia government under section 502 of the Dis- trict of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 813, D.C. Code, § 47–3406). (2) ‘‘comprehensive planning’’ includes, to the extent directly related to area needs or needs of a unit of general local government— (A) preparation, as a guide for govern- mental policies and action, of general plans on— (i) the pattern and intensity of land use; (ii) providing public facilities (including transportation facilities) and other gov- ernmental services; and (iii) the effective development and use of human and natural resources; (B) long-range physical and fiscal plans for an action referred to in subparagraph (A); (C) a program for capital improvements and other major expenditures based on their relative urgency, and definitive financing plans for the expenditures in the earlier years of the program; (D) coordination of related plans and ac- tivities of States and local governments and agencies concerned; and (E) preparation of regulatory and adminis- trative measures to support the items re- ferred to in subparagraphs (A), (B), (C), and (D). (3) ‘‘executive agency’’ does not include a mixed-ownership Government corporation. (4)(A) ‘‘grant’’ (except as provided in sub- paragraph (C)) means money, or property pro- vided instead of money, that is paid or pro- vided by the United States Government under a fixed annual or total authorization, to a State, to a local government, or to a bene- ficiary under a plan or program administered by a State or a local government that is sub- ject to approval by an executive agency, if the authorization— (i) requires the State or local government to expend non-Government money as a con- dition of receiving money or property from the United States Government; or (ii) specifies directly, or establishes by means of a formula, the amount that may be provided to the State or local government, or the amount to be allotted for use in each Page 529 TITLE 31—MONEY AND FINANCE § 6501 State by the State, local government, and beneficiaries. (B) ‘‘grant’’ (except as provided in subpara- graph (C)) also means money, or property pro- vided instead of money, that is paid or pro- vided by the United States Government to a private, nonprofit community organization el- igible to receive amounts under the Commu- nity Services Block Grant Act (42 U.S.C. 9901 et seq.). (C) ‘‘grant’’ does not include— (i) shared revenue; (ii) payment of taxes; (iii) payment instead of taxes; (iv) a loan or repayable advance; (v) surplus property or surplus agricultural commodities provided as surplus property; (vi) a payment under a research and devel- opment procurement contract or grant awarded directly and on similar terms to all qualifying organizations; or (vii) a payment to a State or local govern- ment as complete reimbursement for costs incurred in paying benefits or providing services to persons entitled to them under a law of the United States. (5) ‘‘head of a State agency’’ includes the designated delegate of the head of the agency. (6) ‘‘local government’’ means a unit of gen- eral local government, a school district, or other special district established under State law. (7) ‘‘Secretary’’ means the Secretary of the Treasury. (8) ‘‘special-purpose unit of local govern- ment’’ means a special district, public-purpose local government of a State except a school district. (9) ‘‘State’’ means a State of the United States, the District of Columbia, a territory or possession of the United States, and an agen- cy, instrumentality, or fiscal agent of a State but does not mean a local government of a State. (10) ‘‘unit of general local government’’ means a county, city, town, village, or other general purpose political subdivision of a State. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1005; Pub. L. 97–452, § 1(24), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 101–453, §§ 3, 5(a), Oct. 24, 1990, 104 Stat. 1058, 1059; Pub. L. 105–33, title XI, § 11717(b), Aug. 5, 1997, 111 Stat. 786.) HISTORICAL AND REVISION NOTES 1982 ACT Revised Section Source (U.S. Code) Source (Statutes at Large) 6501(1) ..... 42:4201(7). Oct. 16, 1968, Pub. L. 90–577, §§ 101–107, 109, 110, 82 Stat. 1098, 1100, 1101. 6501(2) ..... 42:4201(9). 6501(3) ..... 42:4201(1). 6501(4) ..... 42:4201(6). 6501(5) ..... 42:4201(10). 6501(6) ..... 42:4201(3). 6501(7) ..... 42:4201(5). 6501(8) ..... 42:4201(2). 6501(9) ..... 42:4201(4). In clause (1), the word ‘‘assistance’’ is substituted for ‘‘ ‘Federal assistance’, ‘Federal assistance programs’, or ‘federally assisted programs’ ’’ for consistency in the revised title and to have only one defined term in the chapter. The words ‘‘the transfer of anything of value for a public purpose of support or stimulation that is (A) authorized by a law of the United States’’ are sub- stituted for ‘‘programs that provide assistance’’ for consistency with section 6101(3) of the revised title. The words ‘‘section 502 of the District of Columbia Self-Gov- ernment and Governmental Reorganization Act (Public Law 93–198, 87 Stat. 813, D.C. Code § 47–3406)’’ are sub- stituted for ‘‘article VI of the District of Columbia Rev- enue Act of 1947 (D.C. Code secs. 47–2501a and 47–2501b)’’ because the former has superseded the latter. Clause (3) restates the source provisions because of the definition of ‘‘executive agency’’ in section 102 of the revised title. In clause (4)(A) and (B), the word ‘‘grant’’ is sub- stituted for ‘‘ ‘grant’ or ‘grant-in-aid’ ’’ for consistency in the revised title and to have only one defined term in the chapter. In clause (4)(B), the words ‘‘a private, nonprofit com- munity organization eligible to receive amounts under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.)’’ are substituted for ‘‘a community action agency under the Economic Opportunity Act of 1964, as amended’’ because of section 683(c)(2) of the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 97–35, 95 Stat. 519). In clause (4)(C), the words ‘‘whether public or pri- vate’’ are omitted as surplus. The words ‘‘law of the United States’’ are substituted for ‘‘Federal laws’’ for consistency. In clause (5), the words ‘‘head of a Federal agency’’ are omitted as unnecessary because heads of Federal agencies already have the authority to delegate. In clause (6), the words ‘‘local government’’ are sub- stituted for ‘‘ ‘political subdivision’ or ‘local govern- ment’ ’’ for consistency in the revised title and to have only one defined term in the chapter. The words ‘‘unit of general local government’’ are substituted for ‘‘local unit of government, including specifically a county, municipality, city, town, township’’ to incorporate the definition in clause (9). In clause (7), the words ‘‘public-purpose local govern- ment’’ are substituted for ‘‘public-purpose corporation or other strictly limited purpose political subdivision’’ to eliminate unnecessary words. In clause (8), the words ‘‘the Commonwealth of Puer- to Rico’’ are omitted as being included in ‘‘territory or possession of the United States’’ and as necessary be- cause of 48:734. In clause (9), the word ‘‘parish’’ is omitted as in- cluded in county because of 1:2. 1983 ACT This amends 31:6501(1)(B) to clarify the section as en- acted by the Act of Sept. 13, 1982 (Pub. L. 97–258, 96 Stat. 1005). Editorial Notes REFERENCES IN TEXT The Community Services Block Grant Act, referred to in par. (4)(b), is subtitle B (§§ 671–683) of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 511, which is classi- fied generally to chapter 106 (§ 9901 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 9901 of Title 42 and Tables. AMENDMENTS 1997—Par. (1)(C). Pub. L. 105–33 substituted ‘‘District of Columbia Home Rule Act’’ for ‘‘District of Columbia Self-Government and Governmental Reorganization Act’’. 1990—Par. (2)(B). Pub. L. 101–453, § 3(1), substituted ‘‘subparagraph (A)’’ for ‘‘subclause (A) of this clause (2)’’. Par. (2)(E). Pub. L. 101–453, § 3(2), substituted ‘‘sub- paragraphs (A), (B), (C), and (D)’’ for ‘‘subclauses (A)–(D) of this clause (2)’’. Page 530 TITLE 31—MONEY AND FINANCE § 6502 Par. (4)(A). Pub. L. 101–453, § 3(3), substituted ‘‘sub- paragraph (C)’’ for ‘‘subclause (C) of this clause (4)’’. Par. (4)(B). Pub. L. 101–453, § 3(4), substituted ‘‘sub- paragraph (C)’’ for ‘‘subclause (C) of this clause (4)’’. Par. (7). Pub. L. 101–453, § 5(a)(2), added par. (7). Former par. (7) redesignated (8). Par. (8). Pub. L. 101–453, § 5(a)(1), redesignated par. (7) as (8). Former par. (8) redesignated (9). Par. (9). Pub. L. 101–453, § 5(a)(1), (3), redesignated par. (8) as (9), added new text, and struck out former text which read as follows: ‘‘ ‘State’ means a State of the United States, the District of Columbia, a territory or possession of the United States, and an agency or in- strumentality of a State but does not mean a local gov- ernment of a State.’’ Former par. (9) redesignated (10). Par. (10). Pub. L. 101–453, § 5(a)(1), redesignated par. (9) as (10). 1983—Par. (1)(B). Pub. L. 97–452 struck out ‘‘the law of’’ after ‘‘provided by’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective Oct. 1, 1997, except as otherwise provided in title XI of Pub. L. 105–33, see section 11721 of Pub. L. 105–33, set out as a note under section 4246 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF 1983 AMENDMENT Amendment effective Sept. 13, 1982, see section 2(i) of Pub. L. 97–452, set out as a note under section 3331 of this title. SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–589, § 1, Nov. 10, 1992, 106 Stat. 5133, pro- vided that: ‘‘This Act [amending sections 3718 and 3720A of this title, enacting provisions set out as notes under section 3718 of this title, and amending provisions set out as notes under sections 3335, 3718, and 6503 of this title] may be cited as the ‘Cash Management Improve- ment Act Amendments of 1992’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–453, § 1, Oct. 24, 1990, 104 Stat. 1058, pro- vided that: ‘‘This Act [enacting section 3335 of this title, amending this section and section 6503 of this title, and enacting provisions set out as notes under this section and sections 3335 and 6503 of this title] may be cited as the ‘Cash Management Improvement Act of 1990’.’’ PURPOSE OF 1990 ACT Pub. L. 101–453, § 2, Oct. 24, 1990, 104 Stat. 1058, pro- vided that: ‘‘The purpose of this Act [see Short Title of 1990 Amendment note above] is to ensure greater effi- ciency, effectiveness, and equity in the exchange of funds between the Federal Government and the States.’’ § 6502. Information on grants received On request of a chief executive officer of a State, a State legislature, or an official des- ignated by either of them, an executive agency carrying out a grant program to States and local governments shall provide the requesting officer or legislature with written information on the purpose and amounts of grants provided to the State or local government. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1007.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6502 ......... 42:4211. Oct. 16, 1968, Pub. L. 90–577, § 201, 82 Stat. 1101. The words ‘‘chief executive officer’’ are substituted for ‘‘Governor’’ because the definition of State includes the District of Columbia. The words ‘‘executive agen- cy’’ are substituted for ‘‘department or agency of the United States Government’’ because of the definition in sections 102 and 6501(3) of the revised title. The words ‘‘shall provide the requesting officer or legislature’’ are substituted for the last sentence of 42:4211 to eliminate unnecessary words. The word ‘‘information’’ is sub- stituted for ‘‘such data’’ because it is more accurate. The words ‘‘in writing’’ and ‘‘actual’’ are omitted as unnecessary. § 6503. Intergovernmental financing (a) Consistent with program purposes and with regulations of the Secretary, and in accordance with an agreement under subsection (b) entered into by the Secretary and a State— (1) the head of an executive agency (other than the Tennessee Valley Authority) car- rying out a program shall schedule transfers of funds to the State under the program so as to minimize the time elapsing between transfer of funds from the United States Treasury and the issuance or redemption of checks, war- rants, or payments by other means by a State; and (2) the State shall minimize the time elaps- ing between transfer of funds from the United States Treasury and the issuance or redemp- tion of checks, warrants, or payments by other means for program purposes. (b)(1) The Secretary shall enter into an agree- ment with each State to which transfers of funds are made, which establishes procedures and requirements for implementing this section. (2) An agreement under this subsection shall— (A) specify procedures chosen by the State for carrying out transfers of funds under the agreement; (B) describe the process by which the Fed- eral Government shall review and approve the implementation of the procedures specified under subparagraph (A); (C) establish the methods to be used for cal- culating and documenting payments of inter- est pursuant to this section; and (D) specify those types of costs directly in- curred by the State for interest calculations required under this section, and require the Secretary to consider those costs in com- puting payments under this section. (3) The Secretary shall issue regulations es- tablishing procedures and requirements for im- plementing this section with respect to a State with which no agreement is entered into by the Secretary under paragraph (1). Such regulations shall apply to a State until such time as the Secretary enters into an agreement with the State under paragraph (1). (c)(1) The Secretary shall issue regulations that shall require a State, when not inconsistent with program purposes, to pay interest to the United States on funds from the time funds are deposited by the United States to the State’s ac- count until the time that funds are paid out by the State in order to redeem checks or warrants or make payments by other means for program purposes. Except as provided under paragraph (3)(B) (relating to the Unemployment Trust Fund), the interest payable under this sub-