31 USC 6301-6308 (Federal Grants and Agreements Act of 1977)

WAIS Document RetrievalFrom the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 31USC6301]

TITLE 31--MONEY AND FINANCE

SUBTITLE V--GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63--USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE
AGREEMENTS

Sec. 6301. Purposes

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.

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

Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
6301................................. 41:501. Feb. 3, 1978, Pub. L. 95-224, Sec. 2, 92
Stat. 3.
----------------------------------------------------------------------------------------------------------------

In the chapter, the words ``procurement contract'' are substituted
for ``contract'' for consistency.
The text of 41:501(a) and (b)(4) is omitted as executed.

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.

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 31USC6302]

TITLE 31--MONEY AND FINANCE

SUBTITLE V--GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63--USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE
AGREEMENTS

Sec. 6302. Definitions

In this chapter--
(1) ``executive agency'' does not include a mixed-ownership
Government corporation.
(2) ``grant agreement'' and ``cooperative agreement'' do not
include an agreement under which is provided only--
(A) direct United States Government cash assistance to an
individual;
(B) a subsidy;
(C) a loan;
(D) a loan guarantee; or
(E) insurance.

(3) ``local government'' means a unit of 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.

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

Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
6302(1).............................. 41:502(4). Feb. 3, 1978, Pub. L. 95-224, 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).
----------------------------------------------------------------------------------------------------------------

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.

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 31USC6303]

TITLE 31--MONEY AND FINANCE

SUBTITLE V--GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63--USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE
AGREEMENTS

Sec. 6303. Using procurement contracts

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.

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

Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
6303................................. 41:503. Feb. 3, 1978, Pub. L. 95-224, Sec. 4, 92
Stat. 4.
----------------------------------------------------------------------------------------------------------------

The words ``type of'' are omitted as unnecessary. The word
``decides'' is substituted for ``determines'' for consistency.

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 31USC6304]

TITLE 31--MONEY AND FINANCE

SUBTITLE V--GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63--USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE
AGREEMENTS

Sec. 6304. Using grant agreements

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.

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

Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
6304................................. 41:504. Feb. 3, 1978, Pub. L. 95-224, 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.

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 31USC6305]

TITLE 31--MONEY AND FINANCE

SUBTITLE V--GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63--USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE
AGREEMENTS

Sec. 6305. Using cooperative agreements

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.

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

Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
6305................................. 41:505. Feb. 3, 1978, Pub. L. 95-224, 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.''

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 31USC6306]

TITLE 31--MONEY AND FINANCE

SUBTITLE V--GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63--USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE
AGREEMENTS

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

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.

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

Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
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.

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 31USC6307]

TITLE 31--MONEY AND FINANCE

SUBTITLE V--GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63--USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE
AGREEMENTS

Sec. 6307. Interpretative guidelines and exemptions

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.

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

Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

In clause (2), the word ``exempt'' is substituted for ``except'' for
consistency.

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 31USC6308]

TITLE 31--MONEY AND FINANCE

SUBTITLE V--GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 63--USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE
AGREEMENTS

Sec. 6308. Use of multiple relationships for different parts of
jointly financed projects

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.

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

Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
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.