CHAPTER 71 —JOINT FUNDING SIMPLIFICATION
§7101. Purposes
The purposes of this chapter are to—
(1) enable States, local governments, and private nonprofit organizations to use assistance of the United States Government more effectively and efficiently;
(2) adapt the assistance more readily to particular needs through wider use of projects that are supported by more than one executive agency, assistance program, or appropriation of the United States Government; and
(3) encourage Federal-State arrangements under which local governments and private nonprofit organizations may more effectively and efficiently combine Federal and State resources to support projects of common interest to those local governments and those organizations.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7101 | 42:4251. | Dec. 5, 1974, |
In the chapter, the words "executive agency" are substituted for "Federal agency" because of the definition in section 102 of the revised title. The words "assistance program" are substituted for "Federal assistance programs" because of the definition in section 7102 of the revised title.
In the section, the words "resources available from" and "It is the further purpose of this chapter" are omitted as unnecessary because of the restatement.
§7102. Definitions
In this chapter—
(1) "applicant" means a State, local government, or private nonprofit organization applying for assistance for one project.
(2) "assistance program" means a program of the United States Government providing assistance through a grant or contract but does not include revenue sharing, a loan, a loan guarantee, or insurance.
(3) "local government" means a county, city, political subdivision of a county or city, or other general purpose political subdivision of a State, a school district, a council of governments, or other instrumentality of a local government.
(4) "project" means an undertaking that includes components that contribute materially to carrying out one purpose or closely related purposes and are proposed or approved for assistance under—
(A) more than one United States Government program; or
(B) at least one Government program and at least one State program.
(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 tribe as defined in section 3(c) of the Indian Financing Act of 1974 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7102(1) | 42:4261(2), (4). | Dec. 5, 1974, |
| 7102(2) | 42:4261(1). | |
| 7102(3) | 42:4261(6). | |
| 7102(4) | 42:4261(3). | |
| 7102(5) | 42:4261(5). |
In clause (1), the words "applying for" are substituted for "seeking" for clarity. The words "acting separately or together" are omitted as unnecessary. The text of 42:4261(4) is omitted as unnecessary because of section 102 of the revised title.
In clause (2), the words "of the United States Government" are added for clarity. The words "assistance in the form of" are omitted as unnecessary.
In clause (3), the words "a county, city, political subdivision of a county or city, or other general purpose political subdivision of a State" are substituted for "a local unit of government including a city, county, parish, town, township, village," for consistency in the revised title and because of 1:2. The word "agency" is omitted because it is included in "instrumentality".
In clause (4), the words "that contribute" are substituted for "if each of those components" to eliminate unnecessary words. The words "whether of a temporary or continuing nature" are omitted as unnecessary.
In clause (5), the words "any of the several" are omitted as unnecessary. 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.
Editorial Notes
Amendments
1994—Par. (3).
§7103. Authority of the President and heads of executive agencies
(a) The President shall prescribe necessary regulations to carry out
(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
(2) consult and cooperate with the heads of other executive agencies to carry out
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7103(a) | 42:4252(a). | Dec. 5, 1974, |
| 7103(b) | 42:4252(b). | |
| 7103(c) | 42:4252(c). |
In subsection (a), before clause (1), the words "as may be necessary or appropriate" are omitted as unnecessary. The words "to carry out
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
Executive Documents
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
Gerald R. Ford.
§7104. Processing project requests to be financed by at least 2 assistance programs
In processing an application or request for assistance for a project to be financed by at least 2 assistance programs, the head of an executive agency shall take action that will ensure that—
(1) required reviews and approvals are handled expeditiously;
(2) complete account is taken of special considerations of timing that are made known by the applicant that would affect the feasibility of a jointly financed project;
(3) an applicant is required to deal with a minimum number of representatives of the United States Government;
(4) an applicant is promptly informed of a decision or special problem that could affect the feasibility of providing joint assistance under the application; and
(5) an applicant is not required to get information or assurances from one executive agency for a requesting executive agency when the requesting agency may get the information or assurances directly.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7104 | 42:4253. | Dec. 5, 1974, |
In the section, before clause (1), the words "for a project to be financed by at least 2 assistance programs" are substituted for "under two or more Federal programs in support of any project" for consistency in the revised chapter. The words "shall take action" are substituted for "Actions taken by Federal agency heads pursuant to this chapter that relate to", and the words "that will ensure" are substituted for "shall be designed to assure", to eliminate unnecessary words. The words "so far as reasonably possible" are omitted as surplus. In clause (4), the word "impediments" is omitted as surplus. The word "providing" is substituted for "Federal provision of", and the words "joint assistance under the application" are substituted for "on a joint basis", to eliminate unnecessary words. Clause (5) is substituted for 42:4253(5) because of the restatement.
§7105. Prescribing uniform technical and administrative provisions
(a) To make participation in a project easier than would be possible because of varying or conflicting technical or administrative regulations and procedures not required by law, the head of an executive agency may prescribe uniform provisions about inconsistent or conflicting requirements on—
(1) financial administration of the project (including accounting, reporting and auditing, and maintaining a separate bank account), to the extent consistent with
(2) the timing of payments by the United States Government for the project when one schedule or a combined schedule is to be established for the project;
(3) providing assistance by grant rather than procurement contract or by procurement contract rather than by grant; and
(4) accountability for, or the disposition of, records, property, or structures acquired or constructed with assistance from the Government when common regulations are established for the project.
(b) To make easier the processing of applications for assistance, the head of an executive agency may provide for review of proposals for a project by one panel, board, or committee where reviews by separate panels, boards, or committees are not specifically required by law.
(c) Notwithstanding a requirement that one public agency or a specific public agency be established or designated to carry out or supervise that part of the assistance from the Government under an assistance program for a jointly financed project, the head of the executive agency carrying out the program may waive the requirement when—
(1) administration by another public agency is consistent with State or local law and the objectives of the assistance program; and
(2)(A) the waiver is requested by the head of a unit of general government certifying jurisdiction over the public agencies concerned; or
(B) the State or local public agencies concerned agree to the waiver.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7105(a) | 42:4255(a). | Dec. 5, 1974, |
| 7105(b) | 42:4255(b). | |
| 7105(c) | 42:4255(c). |
In subsection (a), before clause (1), the words "To make participation in a project easier than would be possible" are substituted for "In order to provide for projects" for clarity. The words "because of" are substituted for "that would otherwise be subject to" to eliminate unnecessary words. The word "prescribe" is substituted for "adopt", and the word "about" is substituted for "with respect to", for consistency in the revised title. In clause (2), the words "payments by the United States Government" are substituted for "Federal payments" for consistency in the revised title. In clause (3), the words "providing assistance by" are substituted for "that assistance be extended in the form of" to eliminate unnecessary words. The word "procurement" is added for consistency with
In subsection (b), the words "To make easier" are substituted for "In order to permit", and the words "applications for assistance" are substituted for "applications in accordance with the purposes of this chapter", for clarity. The words "where . . . are not" are substituted for "except when such review is" because of the restatement.
Subsection (c) is substituted for 42:4255(c) for consistency in subtitle V of the revised title.
§7106. Delegation of supervision of assistance
With the approval of the President, the head of an executive agency may delegate or otherwise arrange to have another executive agency carry out or supervise a project or class of projects jointly financed under this chapter. A delegation—
(1) shall be made under conditions ensuring that duties and powers delegated are exercised consistent with law; and
(2) may not relieve the head of an executive agency of responsibility for the proper and efficient management of a project for which the agency provides assistance.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7106 | 42:4256. | Dec. 5, 1974, |
In the section, before clause (1), the words "to have another executive agency carry out or supervise" are substituted for "to other Federal agencies powers and functions relating to the supervision or administration" to eliminate unnecessary words. In clause (1), the words "under conditions ensuring" are substituted for "only on such conditions as may be appropriate to assure", the word "consistent" is substituted for "in full conformity", and the word "law" is substituted for "applicable statutory provisions and policies", to eliminate unnecessary words. In clause (2), the words "for which the agency provides assistance" are substituted for "funded by their agencies", for clarity because the source provisions do not provide for funding. The words "of Federal assistance", "for other agencies to perform", "such activities with respect to", and "under this section" are omitted as unnecessary.
§7107. Joint management funds
(a) In supporting a project, a joint management fund may be established to administer more effectively amounts received from more than one assistance program or appropriation. A proportional share of the amount required to pay a grantee shall be transferred periodically to the fund from each program or appropriation. When a project is completed, the grantee shall return to the fund an amount not expended.
(b) An account in a joint management fund is subject to an agreement made by the heads of the executive agencies providing assistance for the project about the responsibilities of each agency. An agreement shall—
(1) ensure the availability of necessary information to the executive agencies and Congress;
(2) provide that the agency administering a fund is responsible and accountable by program and appropriation for the amounts provided for the purposes of each account in the fund; and
(3) include procedures for returning, subject to fiscal year limitations, an excess amount to participating executive agencies under the applicable appropriation. An excess amount of an expired appropriation lapses from the fund.
(c) For each project financed through an account in a joint management fund, a recipient of an amount from the fund shall keep records prescribed by the head of the executive agency responsible for administering the fund. The records shall include—
(1) the amount and disposition by the recipient of assistance received under each program and appropriation;
(2) the total cost of the project for which assistance was given or used;
(3) that part of the cost of the project provided from other sources; and
(4) other records that will make it easier to carry out an audit.
(d) Records of a recipient related to an amount received from a joint management fund shall be made available to the head of the executive agency responsible for administering the fund and the Comptroller General for inspection and audit.
(e) For a project subject to a joint management fund, one non-Government share may be established conforming to—
(1) the proportional shares applicable to the assistance programs involved; and
(2) the proportional shares of an amount transferred to the project account from each of the programs.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7107(a) | 42:4257(a). | Dec. 5, 1974, |
| 7107(b) | 42:4257(b). | |
| 7107(c) | 42:4257(c). | |
| 7107(d) | 42:4257(d). | |
| 7107(e) | 42:4257(e). |
In subsection (a), the words "to administer more effectively" are substituted for "In order to provide the more effective administration" to eliminate unnecessary words. The words "amounts received" are substituted for "funds drawn" for consistency. The words "A proportional share of the amount required to pay a grantee" are substituted for "proportionate share of amounts needed for payment to the grantee" because of the restatement. The words "with respect to such projects", "affected", and "from time to time" are omitted as unnecessary.
In subsection (b), before clause (1), the words "made by the heads of executive agencies" are substituted for "as may be entered into by the Federal agencies concerned" to eliminate unnecessary words. The words "providing assistance for the project about the responsibilities of each agency" are substituted for "with respect to the discharge of the responsibilities of those agencies" for clarity. In clause (2), the word "established" is omitted as unnecessary. In clause (3), the words "for determining", "whether amounts in the account are in excess of the amounts required", and "applicable to" are omitted as unnecessary. The words "excess amount" are substituted for "that excess" for clarity.
In subsection (c), before clause (1), the words "established pursuant to this section" are omitted as unnecessary. The words "amount from" are substituted for "moneys drawn from" for consistency. The word "include" is substituted for "as a minimum, fully disclose" to eliminate unnecessary words. In clause (4), the words "to carry out" are added for clarity. The word "effective" is omitted as unnecessary.
In subsection (d), the word "Records" is substituted for "books, documents, papers, and records", and the words "shall be made available . . . for inspection and audit" are substituted for "shall have access for the purpose of audit and examination to", to eliminate unnecessary words and for consistency in the revised title and with other titles of the United States Code. The word "related" is substituted for "that are pertinent", and the words "an amount" are substituted for the word "money", for consistency. The words "of the United States", and "or any of their duly authorized representatives" are omitted as unnecessary.
In subsection (e), the word "For" is substituted for "in the case of" to eliminate unnecessary words. The words "proportional shares" are substituted for "federal share ratios" for clarity.
§7108. Limitation on authority under sections 7105–7107
Under regulations prescribed by the President, the head of an executive agency may act under
(1) when a problem cannot be adequately solved through other action under this chapter or other law;
(2) when necessary to promote expeditious processing of applications or effective and efficient administration of the project; and
(3) in a way consistent with protecting the interest of the United States Government and with the program purposes and requirements of law.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7108 | 42:4254. | Dec. 5, 1974, |
In the section, the words "act under" are substituted for "use the authorities described in", and the words "when necessary" are substituted for "that they are applied only as necessary", to eliminate unnecessary words. The words "head of an executive agency acts under those sections only" are substituted for "the authorities are limited in use to" for clarity. The words "These authorities shall be exercised only", "Where appropriate to further the purposes of this chapter, and subject to the conditions prescribed in this section", "(relating to the establishment of uniform technical or administrative requirements, delegation of powers and responsibilities, and establishment of joint management funds)", "include criteria or procedures to", and "that they are applied", are omitted as unnecessary because of the restatement.
§7109. Appropriations available for joint financing
An appropriation available for technical assistance or personnel training under an assistance program is available for technical assistance and training for a project proposed or approved for joint financing involving the program and another assistance program.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7109 | 42:4258. | Dec. 5, 1974, |
In this section, the words "the provision of" are omitted as surplus and the word "for" is substituted for "in connection with" for consistency.
§7110. Use of joint financing provisions for Federal-State assisted projects
Under regulations prescribed by the President, the head of an executive agency may make an agreement with a State to extend the benefits of this chapter to a project involving assistance from at least one executive agency and at least one State agency. The agreement may include arrangements to process requests or administer assistance on a joint basis.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7110 | 42:4259. | Dec. 5, 1974, |
In this section, the words "as appropriate" are omitted as surplus. The words "to process requests or administer assistance" are substituted for "for the processing of requests for, or the administration of, assistance to such projects" to eliminate unnecessary words.
§7111. Report to Congress
By February 3, 1984, the President shall submit to Congress a report on actions taken under this chapter and make recommendations for its continuation, amendment, or termination. The report shall include a detailed evaluation of the operation of the chapter, including information on the benefits and costs of jointly financed projects that accrue to participating States, local governments, private nonprofit organizations, and the United States Government.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7111 | 42:4260. | Dec. 5, 1974, |
The words "By February 3, 1984" are substituted for "at least one year prior to the expiration of this chapter" for clarity and to reflect the 5-year extension granted the joint funding simplification program by the Act of December 16, 1980 (
§7112. Expiration date
This chapter expires on February 3, 1985.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7112 | 42:4251(note). | Dec. 5, 1974, |