§ 7103. — Authority of the President and heads of executive agencies.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC7103]
TITLE 31--MONEY AND FINANCE
SUBTITLE V--GENERAL ASSISTANCE ADMINISTRATION
CHAPTER 71--JOINT FUNDING SIMPLIFICATION
Sec. 7103. Authority of the President and heads of executive
agencies
(a) The President shall prescribe necessary regulations to carry out
section 7101 of this title and to ensure that this chapter is applied by
all executive agencies consistently. The regulations may require
executive agencies to adopt or prescribe procedures requiring applicants
for assistance for a project to be jointly financed under this chapter
to take steps to--
(1) get the views and recommendations of States and local
governments that may be significantly affected by the project; and
(2) resolve questions of common interest to those States and
local governments before making application.
(b) Subject to regulations prescribed under subsection (a) of this
section and other law, the head of an executive agency may do the
following by an order of the agency head or by agreement with another
executive agency:
(1) identify related programs likely to be particularly suitable
in providing joint financing for specific kinds of projects.
(2) to assist in planning and developing a project financed from
different programs, develop and prescribe--
(A) guidelines;
(B) model or illustrative projects;
(C) joint or common application forms; and
(D) other materials or guidance.
(3) review administrative program requirements to identify
requirements that may impede joint financing of a project and modify
the requirements when appropriate.
(4) establish common technical or administrative regulations for
related programs to assist in providing joint financing to support a
specific project or class of projects.
(5) establish joint or common application processing and project
supervision procedures, including procedures for designating--
(A) a lead agency responsible for processing applications;
and
(B) a managing agency responsible for project supervision.
(c) The head of an executive agency shall--
(1) take maximum action to carry out section 7101 of this title
in conducting an assistance program of the agency; and
(2) consult and cooperate with the heads of other executive
agencies to carry out section 7101 of this title in conducting
assistance programs of different executive agencies that may be used
jointly to finance projects undertaken by States, local governments,
or private nonprofit organizations.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1036.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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7103(a).............................. 42:4252(a). Dec. 5, 1974, Pub. L. 93-510, Sec. 3, 88
Stat. 1604.
7103(b).............................. 42:4252(b).
7103(c).............................. 42:4252(c).
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In subsection (a), before clause (1), the words ``as may be
necessary or appropriate'' are omitted as unnecessary. The words ``to
carry out section 7101 of this title'' are substituted for ``in
accordance with its purposes'' as being more precise. The word
``requiring'' is substituted for ``that will assure that'' to eliminate
unnecessary words. The words ``to be jointly financed under this
chapter'' are substituted for ``funded pursuant to the provisions of
this chapter'' for clarity and consistency. In clause (1), the words
``States and local governments'' are substituted for ``non-Federal
agencies'' for clarity and because of the definition in section 7102.
In subsection (b), before clause (1), the words ``under subsection
(a) of this section'' are substituted for ``as the President may
prescribe'' because of the restatement. The words ``applicable'' and
``take the following actions'' are omitted as unnecessary. In clauses
(1), (3), and (4), the words ``joint financing'' are substituted for
``joint support'' and ``joint use of funds'' for consistency in the
revised chapter. In clause (1), the words ``or appropriate'' and
``thereunder'' are omitted as unnecessary. In clause (3), the words ``to
identify'' are substituted for ``in order to determine'', and the word
``modify'' is substituted for ``the extent to which such requirements
may be modified'' and ``making such modifications'', to eliminate
unnecessary words. In clause (5), the words ``or mechanisms'' and ``for
designation'' are omitted as unnecessary.
In subsection (c), the words ``take maximum action'' are substituted
for ``be responsible for taking actions, to the maximum extent permitted
under applicable law'' to eliminate unnecessary words. The words ``to
carry out section 7101 of this title'' are substituted for ``that will
further the purpose of this chapter'' and ``to promote the purposes of
this chapter'' as being more precise. The words ``in conducting'' are
substituted for ``with respect to'' for clarity. The words ``used
jointly to finance'' are substituted for ``used jointly in support of''
for consistency in the revised chapter. The words ``Each Federal agency
head shall also'' and the words ``in order similarly'' are omitted as
surplus.
Executive Order No. 11867
Ex. Ord. No. 11867, eff. June 19, 1975, 40 F.R. 26253, which
delegated to Administrator of General Services authority to issue
regulations, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R.
7237.
Ex. Ord. No. 11893. Transferring Certain Functions from General Services
Administration to Office of Management and Budget
Ex. Ord. No. 11893, eff. Dec. 31, 1975, 41 F.R. 1040, provided:
By virtue of the authority vested in me as President by the
Constitution and Statutes of the United States, particularly by section
301 of title 3 of the United States Code, the Federal Property and
Administrative Services Act of 1949, as amended, the Budget and
Accounting Act, 1921, as amended, the Budget and Accounting Procedures
Act of 1950, as amended, Reorganization Plan No. 2 of 1970 [set out in
the Appendix to Title 5, Government Organization and Employees]; and
section 5317 of title 5 of the United States Code, it is hereby ordered
as follows:
Section 1. There are hereby transferred to the Director of the
Office of Management and Budget all policy functions that were
transferred to the Administrator of General Services by Section 1 (1) of
Executive Order No. 11717, dated May 9, 1973 [set out as a note under
section 501 of Title 31, Money and Finance], and Executive Order No.
11867, dated June 19, 1975 [formerly set out above].
Sec. 2. The Director of the Office of Management and Budget shall
continue to perform policy formulation and general oversight functions
with regard to the other transfers made by Executive Order No. 11717 and
Executive Order No. 11867. No function vested by statute in the
Administrator shall be deemed to be affected by the provisions of this
order.
Sec. 3. So much of the personnel, property and records attendant to
the functions transferred by this order as the Director of the Office of
Management and Budget shall determine, shall be transferred to the
Office of Management and Budget, at such times as the Director shall
specify.
Sec. 4. Executive Order No. 11717 of May 9, 1973, and Executive
Order No. 11867 of June 19, 1975, are hereby superseded to the extent
that they are inconsistent with this order. Any circulars, directives,
or regulations issued pursuant to functions transferred by this order
shall remain in effect until modified or rescinded by the Office of
Management and Budget.
Sec. 5. Section 2 of Executive Order No. 11861 of May 21, 1975, as
amended [formerly set out as a note under section 5317 of Title 5,
Government Organization and Employees], placing certain positions in
level V of the Executive Schedule, is further amended by deleting ``(9)
Associate Administrator for Federal Management Policy, General Services
Administration.''.
Sec. 6. This order shall be effective as of December 31, 1975.
Gerald R. Ford.
