§ 6505. — Authority to provide specialized or technical services.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC6505]
TITLE 31--MONEY AND FINANCE
SUBTITLE V--GENERAL ASSISTANCE ADMINISTRATION
CHAPTER 65--INTERGOVERNMENTAL COOPERATION
Sec. 6505. Authority to provide specialized or technical
services
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1007.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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6505(a).............................. 42:4201(8). Oct. 16, 1968, Pub. L. 90-577, Secs.
108, 303, 305, 82 Stat. 1100, 1102,
1103.
42:4222(proviso, words after Oct. 16, 1968, Pub. L. 90-577, Sec. 302,
proviso). 82 Stat. 1102; 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.
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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.
