31 U.S.C. § 7108 — Limitation on authority under sections

Page 562 TITLE 31—MONEY AND FINANCE § 7108 gram and appropriation for the amounts pro- vided 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 ap- plicable appropriation. An excess amount of an expired appropriation lapses from the fund. (c) For each project financed through an ac- count in a joint management fund, a recipient of an amount from the fund shall keep records pre- scribed by the head of the executive agency re- sponsible for administering the fund. The records shall include— (1) the amount and disposition by the recipi- ent of assistance received under each program and appropriation; (2) the total cost of the project for which as- sistance was given or used; (3) that part of the cost of the project pro- vided 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 manage- ment 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. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1038.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 7107(a) ..... 42:4257(a). Dec. 5, 1974, Pub. L. 93–510, § 8, 88 Stat. 1606. 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 ef- fectively’’ are substituted for ‘‘In order to provide the more effective administration’’ to eliminate unneces- sary words. The words ‘‘amounts received’’ are sub- stituted 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 con- cerned’’ to eliminate unnecessary words. The words ‘‘providing assistance for the project about the respon- sibilities of each agency’’ are substituted for ‘‘with re- spect to the discharge of the responsibilities of those agencies’’ for clarity. In clause (2), the word ‘‘estab- lished’’ is omitted as unnecessary. In clause (3), the words ‘‘for determining’’, ‘‘whether amounts in the ac- count are in excess of the amounts required’’, and ‘‘ap- plicable to’’ are omitted as unnecessary. The words ‘‘excess amount’’ are substituted for ‘‘that excess’’ for clarity. In subsection (c), before clause (1), the words ‘‘estab- lished pursuant to this section’’ are omitted as unnec- essary. The words ‘‘amount from’’ are substituted for ‘‘moneys drawn from’’ for consistency. The word ‘‘in- clude’’ is substituted for ‘‘as a minimum, fully dis- close’’ 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 un- necessary 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 ‘‘fed- eral 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 sections 7105–7107 of this title for a project as- sisted under at least 2 assistance programs. The regulations shall ensure that the head of an ex- ecutive agency acts under those sections only— (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 effi- cient 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. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1039.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 7108 ......... 42:4254. Dec. 5, 1974, Pub. L. 93–510, § 5, 88 Stat. 1605. 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 au- thorities are limited in use to’’ for clarity. The words ‘‘These authorities shall be exercised only’’, ‘‘Where ap- propriate 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 manage- ment funds)’’, ‘‘include criteria or procedures to’’, and ‘‘that they are applied’’, are omitted as unnecessary be- cause of the restatement. § 7109. Appropriations available for joint financ- ing An appropriation available for technical as- sistance or personnel training under an assist- ance program is available for technical assist- ance and training for a project proposed or ap- proved for joint financing involving the program and another assistance program.