31 U.S.C. § 6505 — Authority to provide specialized or tech-

Page 532 TITLE 31—MONEY AND FINANCE § 6504 Editorial Notes AMENDMENTS 1990—Pub. L. 101–453 amended section generally, sub- stituting provisions relating to intergovernmental fi- nancing for provisions relating to transfer and deposit requirements. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–453, § 5(e), Oct. 24, 1990, 104 Stat. 1061, as amended by Pub. L. 102–589, § 2(2)(C), Nov. 10, 1992, 106 Stat. 5133, provided that: ‘‘The amendments made by this section [amending this section and section 6501 of this title] shall take effect on the date of enactment of this Act [Oct. 24, 1990], except that subsections (c) and (d) of section 6503 of title 31, United States Code, as added by subsection (b) of this section (relating to pay- ments of interest between the Federal Government and State governments), shall take effect on July 1, 1993 or the first day of a State’s fiscal year beginning in 1993, whichever is later.’’ TREATMENT OF COMPENSATION OR REIMBURSEMENT PAID PURSUANT TO OTHER LAWS Pub. L. 107–273, div. A, title II, § 204(f), Nov. 2, 2002, 116 Stat. 1776, as amended by Pub. L. 109–162, title XI, § 1151(a), (b), Jan. 5, 2006, 119 Stat. 3112, provided that: ‘‘No compensation or reimbursement paid pursuant to the Southwest Border Prosecutor Initiative (as carried out pursuant to paragraph (3) (117 Stat. 64) under the heading relating to Community Oriented Policing Serv- ices of the Department of Justice Appropriations Act, 2003 (title I of division B of Public Law 108–7), or as car- ried out pursuant to any subsequent authority) or sec- tion 501(a) of Public Law 99–603 [8 U.S.C. 1365(a)] (100 Stat. 3443) or section 241(i) of the Act of June 27, 1952 [8 U.S.C. 1231(i)] (ch. 477) shall be subject to sections [sic] 3335(b) or 6503(d) of title 31, United States Code, and no funds available to the Attorney General may be used to pay any assessment made pursuant to such sec- tions [sic] 3335(b) or 6503 with respect to any such com- pensation or reimbursement.’’ AGREEMENTS WITH STATES Pub. L. 101–453, § 5(d), Oct. 24, 1990, 104 Stat. 1061, as amended by Pub. L. 102–589, § 2(2)(A), (B), Nov. 10, 1992, 106 Stat. 5133, provided that: ‘‘(1) SECRETARY’S EFFORTS TO ENTER AGREEMENTS.— The Secretary of the Treasury shall make all reason- able efforts to enter into an agreement with each State under section 6503(b) of title 31, United States Code, as added by this section (relating to procedures and re- quirements for transfers of funds between executive agencies and States), by July 1, 1993 or the first day of a State’s fiscal year beginning in 1993, whichever is later. ‘‘(2) EFFECTIVE DATE OF REGULATIONS.—Regulations issued by the Secretary of the Treasury under sub- section (b)(3) of section 6503 of title 31, United States Code, as added by the [this] section (relating to proce- dures and requirements for transfers of funds involving States not entering agreements), shall take effect on July 1, 1993 or the first day of a State’s fiscal year be- ginning in 1993, whichever is later.’’ GAO REPORT Pub. L. 101–453, § 6, Oct. 24, 1990, 104 Stat. 1062, as amended by Pub. L. 102–589, § 2(3), Nov. 10, 1992, 106 Stat. 5133, which directed Comptroller General, five years after Oct. 24, 1990, to submit an audit of the implemen- tation of amendments made by section 5 of Pub. L. 101–453 (which amended this section and section 6501 of this title) and to submit a report to Congress describ- ing results of that audit, was repealed by Pub. L. 104–316, title I, § 115(i), Oct. 19, 1996, 110 Stat. 3835. § 6504. Use of existing State or multimember agency to administer grant programs Notwithstanding a law of the United States providing that one State agency or multi- member agency must be established or des- ignated to carry out or supervise the adminis- tration of a grant program, the head of the exec- utive agency carrying out the program may, when requested by the executive or legislative authority of the State responsible for the orga- nizational structure of a State government— (1) waive the one State agency or multi- member agency provision on an adequate showing that the provision prevents the estab- lishment of the most effective and efficient or- ganizational arrangement within the State government; and (2) approve another State administrative structure or arrangement after deciding that the objectives of the law authorizing the grant program will not be endangered by using an- other State structure or arrangement. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1007.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6504 ......... 42:4214. Oct. 16, 1968, Pub. L. 90–577, § 204, 82 Stat. 1101. In the section, the word ‘‘agency’’ is substituted for ‘‘board or commission’’ for consistency in the revised title. Before clause (1), the words ‘‘executive agency’’ are substituted for ‘‘Federal department or agency’’ be- cause of the definition in sections 102 and 6501(3) of the revised title. The words ‘‘appropriate’’ and ‘‘deter- mining or revising’’ are omitted as surplus. The words ‘‘Governor or other’’ are omitted as covered by ‘‘execu- tive . . . authority’’. In clause (2), the words ‘‘after de- ciding’’ are substituted for ‘‘Provided, That the head of the Federal department or agency determines’’ to eliminate unnecessary words. § 6505. Authority to provide specialized or tech- nical services (a) The President may prescribe statistical and other studies and compilations, develop- ment projects, technical tests and evaluations, technical information, training activities, sur- veys, reports, documents, and other similar services that an executive agency is especially competent and authorized by law to provide. The services prescribed must be consistent with and further the policy of the United States Gov- ernment of relying on the private enterprise sys- tem to provide services reasonably and quickly available through ordinary business channels. (b) The head of an executive agency may pro- vide services prescribed by the President under this section to a State or local government when— (1) written request is made by the State or local government; and (2) payment of pay and all other identifiable costs of providing the services is made to the executive agency by the State or local govern- ment making the request. (c) Payment received by an executive agency for providing services under this section shall be deposited to the credit of the principal appro- priation from which the cost of providing the services has been paid or will be charged. Page 533 TITLE 31—MONEY AND FINANCE § 6506 (d) The authority under this section is in addi- tion to authority under another law in effect on October 16, 1968. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1007.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6505(a) ..... 42:4201(8). Oct. 16, 1968, Pub. L. 90–577, §§ 108, 303, 305, 82 Stat. 1100, 1102, 1103. 42:4222(proviso, words after pro- viso). Oct. 16, 1968, Pub. L. 90–577, § 302, 82 Stat. 1102; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 6505(b) ..... 42:4222(words before proviso). 6505(c) ..... 42:4223. 6505(d) ..... 42:4225. In the section, the words ‘‘executive agency’’ are sub- stituted for ‘‘Federal department or agency’’ and ‘‘de- partment or agency of the executive branch of the Fed- eral Government’’ because of the definition in sections 102 and 6501(3) of the revised title. In subsection (a), the source provisions are consoli- dated to eliminate an unnecessary definition. The word ‘‘President’’ is substituted for ‘‘Director of the Office of Management and Budget’’ in 42:4222(proviso, words after proviso) because sections 101 and 102(a) of Reorga- nization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all func- tions of the Bureau to the President. The words ‘‘rules and regulations’’ are omitted as unnecessary. In subsection (b), the word ‘‘may’’ is substituted for ‘‘is authorized within his discretion’’ for clarity and to omit unnecessary words. The words ‘‘specialized or technical services’’ are omitted because of consolida- tion of the source provisions. The words ‘‘direct or indi- rect’’ are omitted as surplus. In subsection (c), the word ‘‘Payment’’ is substituted for ‘‘moneys’’ for consistency in the section. The words ‘‘All’’ and ‘‘or any bureau or other administrative divi- sion thereof’’ are omitted as surplus. In subsection (d), the words ‘‘and does not supersede’’ are omitted as unnecessary. The words ‘‘authority under another law in effect on October 16, 1968’’ are sub- stituted for ‘‘authority now possessed’’ for clarity. The words ‘‘by any Federal department or agency with re- spect to furnishing services, whether on a reimbursable or nonreimbursable basis, to State and local units of government’’ are omitted as unnecessary. Statutory Notes and Related Subsidiaries PERFORMANCE OF SPECIALIZED OR TECHNICAL SERVICES Pub. L. 106–541, title II, § 211, Dec. 11, 2000, 114 Stat. 2592, as amended by Pub. L. 107–66, title I, § 109, Nov. 12, 2001, 115 Stat. 496, provided that: ‘‘(a) DEFINITION OF STATE.—In this section, the term ‘State’ has the meaning given the term in section 6501 of title 31, United States Code. ‘‘(b) AUTHORITY.—The Corps of Engineers may provide specialized or technical services to a Federal agency (other than an agency of the Department of Defense) or a State or local government under section 6505 of title 31, United States Code, only if the chief executive of the requesting entity submits to the Secretary [of the Army]— ‘‘(1) a written request describing the scope of the services to be performed and agreeing to reimburse the Corps for all costs associated with the perform- ance of the services; and ‘‘(2) a certification that includes adequate facts to establish that the services requested are not reason- ably and quickly available through ordinary business channels. ‘‘(c) CORPS AGREEMENT TO PERFORM SERVICES.—The Secretary, after receiving a request described in sub- section (b) to provide specialized or technical services, shall, before entering into an agreement to perform the services— ‘‘(1) ensure that the requirements of subsection (b) are met with regard to the request for services; and ‘‘(2) execute a certification that includes adequate facts to establish that the Corps is uniquely equipped to perform such services. ‘‘(d) ANNUAL REPORT TO CONGRESS.— ‘‘(1) IN GENERAL.—Not later than the last day of each calendar year, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report identifying any request submitted by a Federal agen- cy (other than an agency of the Department of De- fense) or a State or local government to the Corps to provide specialized or technical services. ‘‘(2) CONTENTS OF REPORT.—The report shall include, with respect to each request described in paragraph (1)— ‘‘(A) a description of the scope of services re- quested; ‘‘(B) the certifications required under subsection (b) and (c); ‘‘(C) the status of the request; ‘‘(D) the estimated and final cost of the services; ‘‘(E) the status of reimbursement; ‘‘(F) a description of the scope of services per- formed; and ‘‘(G) copies of all certifications in support of the request. ‘‘(e) ENGINEERING RESEARCH AND DEVELOPMENT CEN- TER.—The Engineering Research and Development Cen- ter is exempt from the requirements of this section.’’ TRANSPORTATION OF STATE PRISONERS Pub. L. 105–119, title I, Nov. 26, 1997, 111 Stat. 2444, provided in part: ‘‘That, for fiscal year 1998 and there- after, the service of maintaining and transporting State, local, or territorial prisoners shall be considered a specialized or technical service for purposes of 31 U.S.C. 6505, and any prisoners so transported shall be considered persons (transported for other than commer- cial purposes) whose presence is associated with the performance of a governmental function for purposes of 49 U.S.C. 40102.’’ Similar provisions were contained in the following prior appropriation act: Pub. L. 104–208, div. A, title I, § 101(a) [title I], Sept. 30, 1996, 110 Stat. 3009, 3009–5. § 6506. Development assistance (a) The economic and social development of the United States and the achievement of satis- factory levels of living depend on the sound and orderly development of urban and rural areas. When urbanization proceeds rapidly, the sound and orderly development of urban communities depends to a large degree on the social and eco- nomic health and the sound development of smaller communities and rural areas. (b) The President shall prescribe regulations governing the formulation, evaluation, and re- view of United States Government programs and projects having a significant impact on area and community development (including programs and projects providing assistance to States and localities) to serve most effectively the basic ob- jectives of subsection (a) of this section. The regulations shall provide for the consideration of concurrently achieving the following specific objectives and, to the extent authorized by law, reasoned choices shall be made between the ob- jectives when they conflict: (1) appropriate land uses for housing, com- mercial, industrial, governmental, institu- tional, and other purposes.