US (United States) Code. Title 31. Subtitle V: General Assistance Administration. Chapter 63

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Money and finance. Using procurement contracts and grant and cooperative agreements

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  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
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publicidad

-CITE-

31 USC CHAPTER 63 - USING PROCUREMENT CONTRACTS AND GRANT

AND COOPERATIVE AGREEMENTS 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63 - USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE

AGREEMENTS

-HEAD-

CHAPTER 63 - USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE

AGREEMENTS

-MISC1-

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.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 7 sections 1623a, 2008m,

2204b, 2279c, 3318, 3319f, 8312; title 10 sections 2358, 2684,

2684a; title 16 sections 670a, 670c-1, 670h, 742f; title 25 section

450e-1; title 30 section 1732; title 33 section 2339; title 42

sections 3122, 12403.

-End-

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31 USC Sec. 6301 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63 - USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE

AGREEMENTS

-HEAD-

Sec. 6301. Purposes

-STATUTE-

The purposes of this chapter are to -

(1) promote a better understanding of United States Government

expenditures and help eliminate unnecessary administrative

requirements on recipients of Government awards by characterizing

the relationship between executive agencies and contractors,

States, local governments, and other recipients in acquiring

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 responsibilities of the

parties to them; and

(3) promote increased discipline in selecting and using

procurement contracts, grant agreements, and cooperative

agreements, maximize competition in making procurement contracts,

and encourage competition in making grants and cooperative

agreements.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1003.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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6301 41:501. Feb. 3, 1978, Pub. L. 95-224,

Sec. 2, 92 Stat. 3.

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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.

ENVIRONMENTAL PROTECTION AGENCY; AGREEMENTS AND GRANTS AFFECTING

REAL PROPERTY IN THE DISTRICT OF COLUMBIA

Pub. L. 106-522, Sec. 153, Nov. 22, 2000, 114 Stat. 2474,

provided 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 Environmental Protection Agency from

negotiating and entering into cooperative agreements and grants

authorized 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-Federal 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, Sec.

1(a)(1) [Sec. 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, Sec. 1(a)(4) [div. A, Sec. 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, Sec. 406] of Pub. L. 106-554, set out as an

Effective Date and Construction of 2000 Amendment, under section

1155 of Title 20, Education.

-End-

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31 USC Sec. 6302 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63 - USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE

AGREEMENTS

-HEAD-

Sec. 6302. Definitions

-STATUTE-

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 government in a State, a

local public authority, a special district, an intrastate

district, a council of governments, a sponsor group

representative organization, an interstate entity, or another

instrumentality of a local government.

(4) "other recipient" means a person or recipient (except a

State or local government) authorized to receive United States

Government assistance or procurement contracts and includes a

charitable or educational institution.

(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 governmental duties and

powers.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1003.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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6302(1) 41:502(4). Feb. 3, 1978, Pub. L. 95-224,

Sec. 3, 92 Stat. 4.

6302(2) 41:502(5).

6302(3) 41:502(2).

6302(4) 41:502(3).

6302(5) 41:502(1).

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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 Puerto Rico" are

omitted as being included in "territory or possession of the United

States" and as unnecessary because of 48:734. The words "duties and

powers" are substituted for "functions" for consistency in the

revised title and with other titles of the United States Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 2411.

-End-

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31 USC Sec. 6303 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63 - USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE

AGREEMENTS

-HEAD-

Sec. 6303. Using procurement contracts

-STATUTE-

An executive agency shall use a procurement contract 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 instrument is to acquire (by

purchase, lease, or barter) property 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 appropriate.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1004.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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6303 41:503. Feb. 3, 1978, Pub. L. 95-224,

Sec. 4, 92 Stat. 4.

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The words "type of" are omitted as unnecessary. The word

"decides" is substituted for "determines" for consistency.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 3710a; title 30

section 1901.

-End-

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31 USC Sec. 6304 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63 - USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE

AGREEMENTS

-HEAD-

Sec. 6304. Using grant agreements

-STATUTE-

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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1004.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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6304 41:504. Feb. 3, 1978, Pub. L. 95-224,

Sec. 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

consistency.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 sections 3710a, 4602;

title 30 section 1901.

-End-

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31 USC Sec. 6305 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63 - USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE

AGREEMENTS

-HEAD-

Sec. 6305. Using cooperative agreements

-STATUTE-

An executive agency shall use a cooperative 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, 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 expected between the executive

agency and the State, local government, or other recipient when

carrying out the activity contemplated in the agreement.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1004.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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6305 41:505. Feb. 3, 1978, Pub. L. 95-224,

Sec. 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.

IMPLEMENTATION OF NORTH AMERICAN WETLANDS CONSERVATION ACT AND

NORTH AMERICAN WATERFOWL MANAGEMENT PLAN

Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 995, provided

that: "Notwithstanding the provisions of the Federal Grant and

Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the Fish

and Wildlife Service is hereafter authorized to negotiate and enter

into cooperative 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 Management 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 arrangements with public and private agencies,

organizations, 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, provided

in part that: "the Bureau [of Land Management] is authorized

hereafter to negotiate and enter into cooperative arrangements with

public and private agencies, organizations, institutions, and

individuals, to implement challenge cost-share programs."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 3710a; title 16

section 1g; title 30 section 1901.

-End-

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31 USC Sec. 6306 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63 - USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE

AGREEMENTS

-HEAD-

Sec. 6306. Authority to vest title in tangible personal property

for research

-STATUTE-

The head of an executive agency may vest title in tangible

personal property in a nonprofit institution of higher education or

in a nonprofit organization whose primary purpose is conducting

scientific research -

(1) when the property is bought with amounts provided under a

procurement contract, grant agreement, or cooperative agreement

with the institution or organization to conduct basic or applied

scientific research;

(2) when the head of the agency decides the vesting furthers

the objectives of the agency;

(3) without further obligation to the United States Government;

and

(4) under conditions the head of the agency considers

appropriate.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1004.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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6306 41:506. Feb. 3, 1978, Pub. L. 95-224,

Sec. 7, 92 Stat. 5.

--------------------------------------------------------------------

The text of 41:506(a) is omitted as unnecessary because it

duplicates the requirements of sections 6303-6305 of the revised

title. The word "equipment" is omitted as being included in

"tangible personal property". The words "amounts provided under a

contract, grant agreement, or cooperative agreement" are

substituted for "such funds" for clarity. The words "decides the

vesting" are substituted for "it is deemed" for clarity. The word

"conditions" is substituted for "terms and conditions" because it

is inclusive.

-End-

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31 USC Sec. 6307 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63 - USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE

AGREEMENTS

-HEAD-

Sec. 6307. Interpretative guidelines and exemptions

-STATUTE-

The Director of the Office of Management and Budget may -

(1) issue supplementary interpretative guidelines to promote

consistent and efficient use of procurement contracts, grant

agreements, and cooperative agreements; and

(2) exempt a transaction or program of an executive agency from

this chapter.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1005.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

6307(1) 41:508. Feb. 3, 1978, Pub. L. 95-224,

Sec. 9, 92 Stat. 6.

6307(2) 41:501(note). Feb. 3, 1978, Pub. L. 95-224,

Sec. 10(d), 92 Stat. 6; Apr.

1, 1982, Pub. L. 97-162, 96

Stat. 23.

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In clause (2), the word "exempt" is substituted for "except" for

consistency.

-End-

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31 USC Sec. 6308 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63 - USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE

AGREEMENTS

-HEAD-

Sec. 6308. Use of multiple relationships for different parts of

jointly financed projects

-STATUTE-

This chapter does not require an executive agency to establish

only one relationship between the United States Government and a

State, a local government, or other recipient on a jointly financed

project involving amounts from more than one program or

appropriation when different relationships would otherwise be

appropriate for different parts of the project.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1005.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

6308 41:509. Feb. 3, 1978, Pub. L. 95-224,

Sec. 10(c), 92 Stat. 6.

--------------------------------------------------------------------

The word "financed" is substituted for "funded", and the word

"amounts" is substituted for "funds", for consistency in the

revised title.

-End-