US (United States) Code. Title 31. Subtitle V: General Assistance Administration. Chapter 65

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Money and finance. Intergovernmental cooperation

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-CITE-

31 USC CHAPTER 65 - INTERGOVERNMENTAL COOPERATION 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 65 - INTERGOVERNMENTAL COOPERATION

-HEAD-

CHAPTER 65 - INTERGOVERNMENTAL COOPERATION

-MISC1-

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.

AMENDMENTS

1990 - Pub. L. 101-453, Sec. 5(c), Oct. 24, 1990, 104 Stat. 1061,

substituted "Intergovernmental financing" for "Transfer and deposit

requirements" in item 6503.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3336 of this title.

-End-

-CITE-

31 USC Sec. 6501 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 65 - INTERGOVERNMENTAL COOPERATION

-HEAD-

Sec. 6501. Definitions

-STATUTE-

In this chapter -

(1) "assistance" means 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;

(B) provided by the United States Government through grant or

contractual arrangements (including technical assistance

programs providing assistance by loan, loan guarantee, or

insurance); and

(C) not an annual payment by the United States Government to

the District of Columbia government under section 502 of the

District of Columbia Home Rule Act (Public Law 93-198, 87 Stat.

813, D.C. Code, Sec. 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 governmental policies and

action, of general plans on -

(i) the pattern and intensity of land use;

(ii) providing public facilities (including transportation

facilities) and other governmental 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 activities of States

and local governments and agencies concerned; and

(E) preparation of regulatory and administrative measures to

support the items referred 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 subparagraph (C)) means

money, or property provided instead of money, that is paid or

provided by the United States Government under a fixed annual or

total authorization, to a State, to a local government, or to a

beneficiary under a plan or program administered by a State or a

local government that is subject to approval by an executive

agency, if the authorization -

(i) requires the State or local government to expend

non-Government money as a condition 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 State

by the State, local government, and beneficiaries.

(B) "grant" (except as provided in subparagraph (C)) also means

money, or property provided instead of money, that is paid or

provided by the United States Government to a private, nonprofit

community organization eligible to receive amounts under the

Community 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 development procurement

contract or grant awarded directly and on similar terms to all

qualifying organizations; or

(vii) a payment to a State or local government 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 general 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 government" 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

agency, 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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1005; Pub. L. 97-452,

Sec. 1(24), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 101-453, Secs. 3,

5(a), Oct. 24, 1990, 104 Stat. 1058, 1059; Pub. L. 105-33, title

XI, Sec. 11717(b), Aug. 5, 1997, 111 Stat. 786.)

-MISC1-

HISTORICAL AND REVISION NOTES

1982 ACT

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

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

Section

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

6501(1) 42:4201(7). Oct. 16, 1968, Pub. L. 90-577,

Secs. 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

substituted 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-Government and Governmental

Reorganization Act (Public Law 93-198, 87 Stat. 813, D.C. Code Sec.

47-3406)" are substituted for "article VI of the District of

Columbia Revenue 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 substituted 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 community

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 private" 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 substituted for "

'political subdivision' or 'local government' " 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 government" 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 Puerto Rico" are

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

States" and as necessary because of 48:734.

In clause (9), the word "parish" is omitted as included in county

because of 1:2.

1983 ACT

This amends 31:6501(1)(B) to clarify the section as enacted by

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

-REFTEXT-

REFERENCES IN TEXT

The Community Services Block Grant Act, referred to in par.

(4)(b), is subtitle B (Secs. 671-683) of title VI of Pub. L. 97-35,

Aug. 13, 1981, 95 Stat. 511, as amended, which is classified

generally to chapter 106 (Sec. 9901 et seq.) of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see Short Title note set out under section 9901 of

Title 42 and Tables.

-MISC2-

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, Sec. 3(1), substituted

"subparagraph (A)" for "subclause (A) of this clause (2)".

Par. (2)(E). Pub. L. 101-453, Sec. 3(2), substituted

"subparagraphs (A), (B), (C), and (D)" for "subclauses (A)-(D) of

this clause (2)".

Par. (4)(A). Pub. L. 101-453, Sec. 3(3), substituted

"subparagraph (C)" for "subclause (C) of this clause (4)".

Par. (4)(B). Pub. L. 101-453, Sec. 3(4), substituted

"subparagraph (C)" for "subclause (C) of this clause (4)".

Par. (7). Pub. L. 101-453, Sec. 5(a)(2), added par. (7). Former

par. (7) redesignated (8).

Par. (8). Pub. L. 101-453, Sec. 5(a)(1), redesignated par. (7) as

(8). Former par. (8) redesignated (9).

Par. (9). Pub. L. 101-453, Sec. 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 instrumentality of a State but does not

mean a local government of a State." Former par. (9) redesignated

(10).

Par. (10). Pub. L. 101-453, Sec. 5(a)(1), redesignated par. (9)

as (10).

1983 - Par. (1)(B). Pub. L. 97-452 struck out "the law of" after

"provided by".

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, Sec. 1, Nov. 10, 1992, 106 Stat. 5133, provided

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 Improvement Act Amendments of 1992'."

SHORT TITLE OF 1990 AMENDMENT

Section 1 of Pub. L. 101-453 provided 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

Section 2 of Pub. L. 101-453 provided that: "The purpose of this

Act [see Short Title of 1990 Amendment note above] is to ensure

greater efficiency, effectiveness, and equity in the exchange of

funds between the Federal Government and the States."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 658.

-End-

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31 USC Sec. 6502 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 65 - INTERGOVERNMENTAL COOPERATION

-HEAD-

Sec. 6502. Information on grants received

-STATUTE-

On request of a chief executive officer of a State, a State

legislature, or an official designated 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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1007.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

6502 42:4211. Oct. 16, 1968, Pub. L. 90-577,

Sec. 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 agency" 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 substituted for "such

data" because it is more accurate. The words "in writing" and

"actual" are omitted as unnecessary.

-End-

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31 USC Sec. 6503 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 65 - INTERGOVERNMENTAL COOPERATION

-HEAD-

Sec. 6503. Intergovernmental financing

-STATUTE-

(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) carrying 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, warrants, or

payments by other means by a State; and

(2) the State shall minimize the time elapsing between transfer

of funds from the United States Treasury and the issuance or

redemption of checks, warrants, or payments by other means for

program purposes.

(b)(1) The Secretary shall enter into an agreement 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 Federal Government shall

review and approve the implementation of the procedures specified

under subparagraph (A);

(C) establish the methods to be used for calculating and

documenting payments of interest pursuant to this section; and

(D) specify those types of costs directly incurred by the State

for interest calculations required under this section, and

require the Secretary to consider those costs in computing

payments under this section.

(3) The Secretary shall issue regulations establishing procedures

and requirements for implementing 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 account 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 subsection shall be

calculated at a rate equal to the average of the bond equivalent

rates of 13-week Treasury bills auctioned during the period for

which interest is calculated, as determined by the Secretary.

(2) Except as provided in paragraph (3), amounts received by the

United States as payment of interest under this subsection shall be

deposited in the Treasury and credited as miscellaneous receipts.

(3)(A) Amounts paid by a State under paragraph (1) as interest on

funds paid to a State from a trust fund for which the Secretary is

the trustee shall be credited to such trust fund.

(B) Notwithstanding any other provision of this section, amounts

of interest paid by a State, on funds drawn from its account in the

Unemployment Trust Fund, shall be deposited into that account and

shall consist of actual interest earnings by the State, less

related banking costs incurred by the State, for the period for

which interest is calculated.

(d)(1) If a State disburses its own funds for program purposes in

accordance with Federal law, Federal regulation, or Federal-State

agreement, the State shall be entitled to interest from the time

the State's funds are paid out to redeem checks or warrants, or

make payments by other means, until the Federal funds are deposited

to the State's bank account. The Secretary shall pay, out of any

money in the Treasury not otherwise appropriated, such amounts as

may be necessary for interest owed to a State under this

subsection. Such interest shall be calculated, at a rate equal to

the average of the bond equivalent rates of 13-week Treasury bills

auctioned during the period for which interest is calculated, as

determined by the Secretary.

(2) If interest is paid under this subsection as a result of a

State disbursing its own funds before receiving payment from a

trust fund for which the Secretary of the Treasury is the trustee,

such interest shall be charged against such trust fund.

(e) The budget submitted by the President under section 1105 of

this title for a fiscal year shall include a statement specifying,

for the most recently completed fiscal year, amounts of interest

accrued to the Federal Government under subsection (c) and amounts

of interest paid to States under subsection (d).

(f) If a State receives refunds of funds disbursed by the State

under a Federal program, the State shall return those refunds to

the Federal executive agency administering the program or apply

those refunds to reduce the amount of funds owed by the Federal

Government to the State under such program. Interest earned on such

refunds shall be considered when setting overall interest

obligations between the State and the Federal Government as

required by this section.

(g) If the Federal Government makes a payment to a recipient

under a Federal program, and a portion of the payment is an amount

which the Federal Government is paying to such recipient on behalf

of a State, such amount shall be considered to be a transfer of

funds between the Federal Government and the State for purposes of

this section.

(h) A State may not be required by a law or regulation of the

United States to deposit funds received by it in a separate bank

account. However, a State shall account for funds made available to

the State as United States Government funds in the accounts of the

State. The head of the State agency concerned shall make periodic

authenticated reports to the head of the appropriate Federal

executive agency on the status and the application of the funds,

the liabilities and obligations on hand, and other information

required by the head of the executive agency. Records related to

the funds received by the State shall be made available to the head

of the executive agency, the Inspector General of the executive

agency, and the Comptroller General for necessary audits.

(i) The Secretary shall prescribe methods for the payment of

interest under this section between the Federal Government and the

States, including provisions for offsetting amounts owed by the

respective parties. Such methods of payment shall require payment

of interest on an annual basis and shall provide for comparable

treatment in manner, technique, and timing for both the States and

the Federal Government.

(j) Consistent with Federal program purposes and regulations of

the Director of the Office of Management and Budget, the head of a

Federal executive agency carrying out a program shall execute grant

awards to States on a timely basis to assure the availability of

funds to accomplish transfers in compliance with subsection (a) of

this section.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1007; Pub. L. 101-453,

Sec. 5(b), Oct. 24, 1990, 104 Stat. 1059.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

6503(a) 42:4213. Oct. 16, 1968, Pub. L. 90-577,

Secs. 202, 203, 82 Stat. 1101.

6503(b) 42:4212.

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

In the section, the words "executive agency" are substituted for

"Federal departments and agencies" because of the definition in

sections 102 and 6501(3) of the revised title.

In subsection (a), the word "money" is substituted for "funds"

for consistency in the section. The words "so as" and "United

States" are omitted as surplus. The words "before or after" are

substituted for "prior to or subsequent to" for consistency. The

words "subsequent to such transfer of funds" are omitted as

unnecessary the second time they are used.

In subsection (b), the words "apart from other funds administered

by the state", "properly", "In each case", and "examination" are

omitted as unnecessary. The word "money" is substituted for "all

federal grant-in-aid funds" for consistency in the section. The

words "United States Government grant money" are substituted for

"Federal funds" for consistency in the revised title. The word

"make" is substituted for "render", the word "periodic" is

substituted for "regular", and the word "information" is

substituted for "facts", for clarity. The words "or any of their

duly authorized representatives" are omitted as unnecessary. The

words "Records shall be made available to . . . for auditing" are

substituted for "shall have access for the purpose of audit and

examination to any books, documents, papers, and records" for

consistency in the revised title and with other titles of the

United States Code.

AMENDMENTS

1990 - Pub. L. 101-453 amended section generally, substituting

provisions relating to intergovernmental financing for provisions

relating to transfer and deposit requirements.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 5(e) of Pub. L. 101-453, as amended by Pub. L. 102-589,

Sec. 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 payments 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, Sec. 204(f), Nov. 2, 2002, 116

Stat. 1776, provided that: "No compensation or reimbursement paid

pursuant to section 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 section 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 section 6503 with respect to any such compensation or

reimbursement."

AGREEMENTS WITH STATES

Section 5(d) of Pub. L. 101-453, as amended by Pub. L. 102-589,

Sec. 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 reasonable 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

requirements 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 subsection (b)(3) of section 6503

of title 31, United States Code, as added by the [this] section

(relating to procedures 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 beginning in

1993, whichever is later."

GAO REPORT

Section 6 of Pub. L. 101-453, as amended by Pub. L. 102-589, Sec.

2(3), Nov. 10, 1992, 106 Stat. 5133, which directed Comptroller

General, five years after Oct. 24, 1990, to submit an audit of the

implementation 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 describing results of that audit, was

repealed by Pub. L. 104-316, title I, Sec. 115(i), Oct. 19, 1996,

110 Stat. 3835.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 sections 300w-2, 703,

706, 1397a, 1397e, 8626, 9873, 9906.

-End-

-CITE-

31 USC Sec. 6504 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 65 - INTERGOVERNMENTAL COOPERATION

-HEAD-

Sec. 6504. Use of existing State or multimember agency to

administer grant programs

-STATUTE-

Notwithstanding a law of the United States providing that one

State agency or multimember agency must be established or

designated to carry out or supervise the administration of a grant

program, the head of the executive agency carrying out the program

may, when requested by the executive or legislative authority of

the State responsible for the organizational structure of a State

government -

(1) waive the one State agency or multimember agency provision

on an adequate showing that the provision prevents the

establishment of the most effective and efficient organizational

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

another State structure or arrangement.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1007.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

6504 42:4214. Oct. 16, 1968, Pub. L. 90-577,

Sec. 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" because of the definition in sections 102 and

6501(3) of the revised title. The words "appropriate" and

"determining or revising" are omitted as surplus. The words

"Governor or other" are omitted as covered by "executive . . .

authority". In clause (2), the words "after deciding" are

substituted for "Provided, That the head of the Federal department

or agency determines" to eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 29 section 2939.

-End-

-CITE-

31 USC Sec. 6505 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 65 - INTERGOVERNMENTAL COOPERATION

-HEAD-

Sec. 6505. Authority to provide specialized or technical services

-STATUTE-

(a) The President may prescribe statistical and other studies and

compilations, development projects, technical tests and

evaluations, technical information, training activities, surveys,

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 Government of relying on the private

enterprise system to provide services reasonably and quickly

available through ordinary business channels.

(b) The head of an executive agency may provide 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 government 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 appropriation from which the cost of providing the

services has been paid or will be charged.

(d) The authority under this section is in addition to authority

under another law in effect on October 16, 1968.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1007.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

6505(a) 42:4201(8). Oct. 16, 1968, Pub. L. 90-577,

Secs. 108, 303, 305, 82 Stat.

1100, 1102, 1103.

42:4222(proviso, Oct. 16, 1968, Pub. L. 90-577,

words after Sec. 302, 82 Stat. 1102;

proviso). Reorg. Plan No. 2 of 1970,

eff. July 1, 1970, Sec.

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 substituted for

"Federal department or agency" and "department or agency of the

executive branch of the Federal Government" because of the

definition in sections 102 and 6501(3) of the revised title.

In subsection (a), the source provisions are consolidated 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 Reorganization 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 functions 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 consolidation of the source provisions. The

words "direct or indirect" 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 division 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 substituted for "authority now possessed" for

clarity. The words "by any Federal department or agency with

respect to furnishing services, whether on a reimbursable or

nonreimbursable basis, to State and local units of government" are

omitted as unnecessary.

PERFORMANCE OF SPECIALIZED OR TECHNICAL SERVICES

Pub. L. 106-541, title II, Sec. 211, Dec. 11, 2000, 114 Stat.

2592, as amended by Pub. L. 107-66, title I, Sec. 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 performance of the services; and

"(2) a certification that includes adequate facts to establish

that the services requested are not reasonably and quickly

available through ordinary business channels.

"(c) Corps Agreement To Perform Services. - The Secretary, after

receiving a request described in subsection (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 agency

(other than an agency of the Department of Defense) 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 requested;

"(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 performed; and

"(G) copies of all certifications in support of the request.

"(e) Engineering Research and Development Center. - The

Engineering Research and Development Center 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 thereafter, 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 commercial 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, Sec. 101(a) [title I], Sept.

30, 1996, 110 Stat. 3009, 3009-5.

-End-

-CITE-

31 USC Sec. 6506 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 65 - INTERGOVERNMENTAL COOPERATION

-HEAD-

Sec. 6506. Development assistance

-STATUTE-

(a) The economic and social development of the United States and

the achievement of satisfactory 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

economic health and the sound development of smaller communities

and rural areas.

(b) The President shall prescribe regulations governing the

formulation, evaluation, and review 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 objectives 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 objectives when they

conflict:

(1) appropriate land uses for housing, commercial, industrial,

governmental, institutional, and other purposes.

(2) wise development and conservation of all natural resources.

(3) balanced transportation systems, including highway, air,

water, pedestrian, mass transit, and other means to move people

and goods.

(4) adequate outdoor recreation and open space.

(5) protection of areas of unique natural beauty and historic

and scientific interest.

(6) properly planned community facilities (including utilities

for supplying power, water, and communications) for safely

disposing of wastes, and for other purposes.

(7) concern for high standards of design.

(c) To the extent possible, all national, regional, State, and

local viewpoints shall be considered in planning development

programs and projects of the United States Government or assisted

by the Government. State and local government objectives and the

objectives of regional organizations shall be considered within a

framework of national public objectives expressed in laws of the

United States. Available projections of future conditions in the

United States and needs of regions, States, and localities shall be

considered in plan formulation, evaluation, and review.

(d) To the maximum extent possible and consistent with national

objectives, assistance for development purposes shall be consistent

with and further the objectives of State, regional, and local

comprehensive planning. Consideration shall be given to all

developmental aspects of our total national community, including

housing, transportation, economic development, natural and human

resources development, community facilities, and the general

improvement of living environments.

(e) To the maximum extent practicable, each executive agency

carrying out a development assistance program shall consult with

and seek advice from all other significantly affected executive

agencies in an effort to ensure completely coordinated programs. To

the extent possible, systematic planning required by individual

United States Government programs (such as highway construction,

urban renewal, and open space) shall be coordinated with and, to

the extent authorized by law, made part of comprehensive local and

areawide development planning.

(f) When a law of the United States provides that both a

special-purpose unit of local government and a unit of general

local government are eligible to receive a loan or grant, the head

of an executive agency shall make the loan or grant to the unit of

general local government instead of the special-purpose unit of

local government in the absence of substantial reasons to the

contrary.

(g) The President may designate an executive agency to prescribe

regulations to carry out this section.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1008.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

6506(a) 42:4231(a)(1st, 2d Oct. 16, 1968, Pub. L. 90-577,

sentences). Secs. 401-403, 82 Stat. 1103.

6506(b) 42:4231(a)(3d-last

sentences).

6506(c) 42:4231(b).

6506(d) 42:4231(c).

6506(e) 42:4231(d), (e).

6506(f) 42:4232.

6506(g) 42:4233.

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

In subsection (a), the words "United States" are substituted for

"the Nation" for consistency. The word "When" is substituted for

"in a time" for clarity.

In subsection (b), before clause (1), the word "therefore" is

omitted as unnecessary. The word "regulations" is substituted for

"rules and regulations" for consistency in the revised title and

with other titles of the United States Code. In clause (2), the

words "all natural resources" are substituted for "natural

resources, including land, water, minerals, wildlife, and others"

to eliminate unnecessary words.

In subsection (c), the words "fully", "taken into account", and

"evaluated" are omitted as surplus. The words "development programs

and projects of the United States Government or assisted by the

Government" are substituted for "Federal or federally assisted

development programs and projects", and the words "laws of the

United States" are substituted for "Federal law", for consistency

in the revised title.

In subsection (d), the word "assistance" is substituted for

"federal aid" because of the definition in section 6501(1) of the

revised title.

In subsection (e), the words "executive agency" are substituted

for "Federal department and agency" and "Federal departments and

agencies" because of the definition in sections 102 and 6501(3) of

the revised title. The words "To the extent" are substituted for

"Insofar as" for consistency.

In subsection (f), the words "law of the United States" are

substituted for "Federal law" for consistency.

In subsection (g), the words "Office of Management and Budget . .

. other" are omitted as surplus.

-EXEC-

EX. ORD. NO. 12372. INTERGOVERNMENTAL REVIEW OF FEDERAL PROGRAMS

Ex. Ord. No. 12372, July 14, 1982, 47 F.R. 30959, as amended by

Ex. Ord. No. 12416, Apr. 8, 1983, 48 F.R. 15587, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including Section 401(a)

of the Intergovernmental Cooperation Act of 1968 (42 U.S.C.

4231(a)) [31 U.S.C. 6506(a) and (b)], Section 204 of the

Demonstration Cities and Metropolitan Development Act of 1966 (42.

U.S.C. 3334) and Section 301 of Title 3 of the United States Code,

and in order to foster an intergovernmental partnership and a

strengthened federalism by relying on State and local processes for

the State and local government coordination and review of proposed

Federal financial assistance and direct Federal development, it is

hereby ordered as follows:

Section 1. Federal agencies shall provide opportunities for

consultation by elected officials of those State and local

governments that would provide the non-Federal funds for, or that

would be directly affected by, proposed Federal financial

assistance or direct Federal development.

Sec. 2. To the extent the States, in consultation with local

general purpose governments, and local special purpose governments

they consider appropriate, develop their own processes or refine

existing processes for State and local elected officials to review

and coordinate proposed Federal financial assistance and direct

Federal development, the Federal agencies shall, to the extent

permitted by law:

(a) Utilize the State process to determine official views of

State and local elected officials.

(b) Communicate with State and local elected officials as early

in the program planning cycle as is reasonably feasible to explain

specific plans and actions.

(c) Make efforts to accommodate State and local elected

officials' concerns with proposed Federal financial assistance and

direct Federal development that are communicated through the

designated State process. For those cases where the concerns cannot

be accommodated, Federal officials shall explain the bases for

their decision in a timely manner.

(d) Allow the States to simplify and consolidate existing

Federally required State plan submissions. Where State planning and

budgeting systems are sufficient and where permitted by law, the

substitution of State plans for Federally required State plans

shall be encouraged by the agencies.

(e) Seek the coordination of views of affected State and local

elected officials in one State with those of another State when

proposed Federal financial assistance or direct Federal development

has an impact on interstate metropolitan urban centers or other

interstate areas. Existing interstate mechanisms that are

redesignated as part of the State process may be used for this

purpose.

(f) Support State and local governments by discouraging the

reauthorization or creation of any planning organization which is

Federally-funded, which has a Federally-prescribed membership,

which is established for a limited purpose, and which is not

adequately representative of, or accountable to, State or local

elected officials.

Sec. 3. (a) The State process referred to in Section 2 shall

include those where States delegate, in specific instances, to

local elected officials the review, coordination, and communication

with Federal agencies.

(b) At the discretion of the State and local elected officials,

the State process may exclude certain Federal programs from review

and comment.

Sec. 4. The Office of Management and Budget (OMB) shall maintain

a list of official State entities designated by the States to

review and coordinate proposed Federal financial assistance and

direct Federal development. The Office of Management and Budget

shall disseminate such lists to the Federal agencies.

Sec. 5. (a) Agencies shall propose rules and regulations

governing the formulation, evaluation, and review of proposed

Federal financial assistance and direct Federal development

pursuant to this Order, to be submitted to the Office of Management

and Budget for approval.

(b) The rules and regulations which result from the process

indicated in Section 5(a) above shall replace any current rules and

regulations and become effective September 30, 1983.

Sec. 6. The Director of the Office of Management and Budget is

authorized to prescribe such rules and regulations, if any, as he

deems appropriate for the effective implementation and

administration of this Order and the Intergovernmental Cooperation

Act of 1968 [31 U.S.C. 6501 et seq.]. The Director is also

authorized to exercise the authority vested in the President by

Section 401(a) of that Act (42 U.S.C. 4231(a)) [31 U.S.C. 6506(a)

and (b)] in a manner consistent with this Order.

Sec. 7. The Memorandum of November 8, 1968, is terminated (33

Fed. Reg. 16487, November 13, 1968). The Director of the Office of

Management and Budget shall revoke OMB Circular A-95, which was

issued pursuant to that Memorandum. However, Federal agencies shall

continue to comply with the rules and regulations issued pursuant

to that Memorandum, including those issued by the Office of

Management and Budget, until new rules and regulations have been

issued in accord with this Order.

Sec. 8. The Director of the Office of Management and Budget shall

report to the President by September 30, 1984 on Federal agency

compliance with this Order. The views of State and local elected

officials on their experiences with these policies, along with any

suggestions for improvement, will be included in the Director's

report.

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 sections 460u-21, 1456;

title 40 section 3306; title 43 section 1721.

-End-

-CITE-

31 USC Sec. 6507 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 65 - INTERGOVERNMENTAL COOPERATION

-HEAD-

Sec. 6507. Congressional review of grant programs

-STATUTE-

(a) The committees of Congress having jurisdiction over a grant

program authorized by a law of the United States without a

specified expiration date for the program shall study the program.

The committees may conduct studies separately or jointly and shall

report the results of their findings to their respective Houses of

Congress not later than the end of each period specified in

subsection (b) of this section. The committees shall give special

attention to -

(1) the extent to which the purposes of the grants have been

met;

(2) the extent to which the objective of the program can be

carried on without further assistance;

(3) whether a change in the purpose, direction, or

administration of the original program, or in procedures and

requirements applicable to the program, should be made; and

(4) the extent to which the program is adequate to meet the

growing and changing needs that it was designed to support.

(b)(1) A study under subsection (a) of this section of a grant

program authorized by a law of the United States enacted before

October 16, 1968, shall be conducted before the end of each 4th

calendar year after the year during which a study of the program

was last conducted under this section.

(2) A study under subsection (a) of this section of a grant

program authorized by a law of the United States enacted after

October 16, 1968, shall be conducted before the end of the 4th

calendar year after the year of enactment of the law and before the

end of each 4th calendar year thereafter.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1009.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

6507(a) 42:4241(a). Oct. 16, 1968, Pub. L. 90-577,

Sec. 601, 82 Stat. 1106.

6507(b) 42:4241(b).

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

In the section, the words "law of the United States" are

substituted for "Act of Congress" for clarity. The word "grants" is

substituted for "grants-in-aid", and the words "grant program" are

substituted for "grant-in-aid program", for consistency in the

chapter.

In subsection (a), before clause (1), the words "grant program"

are substituted for "program under which such grants-in-aid are

made" for consistency in the chapter and to eliminate unnecessary

words. The words "committees of Congress" are substituted for

"Committee of the Senate and the House of Representatives" for

consistency in the revised title and with other titles of the

United States Code. The words "The committees may conduct" are

added for clarity. The word "report" is substituted for "advise"

for clarity. In clause (2), the word "assistance" is substituted

for "financial assistance from the United States" because of the

definition in section 6501(1) of the revised title.

In subsection (b), the words "prior to the expiration of the

fourth calendar year beginning after October 16, 1968, and

thereafter" are omitted as executed.

-End-

-CITE-

31 USC Sec. 6508 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 65 - INTERGOVERNMENTAL COOPERATION

-HEAD-

Sec. 6508. Studies and reports

-STATUTE-

(a)(1) When requested by a committee of Congress having

jurisdiction over a grant program, the Comptroller General shall

study the program. The study shall include a review of -

(A) the extent to which -

(i) the program conflicts with or duplicates other grant

programs; and

(ii) more effective, efficient, economical, and uniform

administration of the program may be achieved by changing the

requirements 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

extent practicable, a report on an expiring program shall be

submitted in the year before the year in which a program ends.

(b)(1) When requested by a committee of Congress having

jurisdiction over a grant program, the Advisory Commission on

Intergovernmental Relations shall study the intergovernmental

relations aspects of the program, including -

(A) the impact of the program on the structural organization of

States and local governments and on Federal-State-local fiscal

relations; 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 committee requesting the

study and to Congress a report and any recommendations.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1010.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

6508(a) 42:4242. Oct. 16, 1968, Pub. L. 90-577,

Secs. 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 review of" are substituted for "to determine" for

clarity. In clause (B), the words "among other relevant matters"

are omitted as unnecessary.

In subsection (b)(1)(B), the words "administration of the program

by the United States Government" are substituted for "Federal

administration" for consistency in the revised title.

In subsection (b)(2), the words "requesting the study" are added

for clarity.

-End-