-CITE-
    31 USC CHAPTER 63 - USING PROCUREMENT CONTRACTS AND GRANT
           AND COOPERATIVE AGREEMENTS                      01/03/2007

-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.                           

-End-

-CITE-
    31 USC Sec. 6301                                            01/03/2007

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

-End-

-CITE-
    31 USC Sec. 6302                                            01/03/2007

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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.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised      Source (U.S. Code)        Source (Statutes at Large)  
     Section                                                            
    --------------------------------------------------------------------
    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.

-End-

-CITE-
    31 USC Sec. 6303                                            01/03/2007

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

-End-

-CITE-
    31 USC Sec. 6304                                            01/03/2007

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

-End-

-CITE-
    31 USC Sec. 6305                                            01/03/2007

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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                   
    --------------------------------------------------------------------
     Revised      Source (U.S. Code)        Source (Statutes at Large)  
     Section                                                            
    --------------------------------------------------------------------
    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."

-End-

-CITE-
    31 USC Sec. 6306                                            01/03/2007

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

-CITE-
    31 USC Sec. 6307                                            01/03/2007

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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                   
    --------------------------------------------------------------------
     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.                     
    --------------------------------------------------------------------

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

-End-

-CITE-
    31 USC Sec. 6308                                            01/03/2007

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