31 U.S.C. § 7103 — Authority of the President and heads of

Page 559 TITLE 31—MONEY AND FINANCE § 7103 § 7102. Definitions In this chapter— (1) ‘‘applicant’’ means a State, local govern- ment, or private nonprofit organization apply- ing for assistance for one project. (2) ‘‘assistance program’’ means a program of the United States Government providing as- sistance 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 gov- ernments, or other instrumentality of a local government. (4) ‘‘project’’ means an undertaking that in- cludes components that contribute materially to carrying out one purpose or closely related purposes and are proposed or approved for as- sistance under— (A) more than one United States Govern- ment 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 de- fined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C. 1452(c)). (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1035; Pub. L. 103–272, § 4(f)(1)(V), July 5, 1994, 108 Stat. 1363.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 7102(1) ..... 42:4261(2), (4). Dec. 5, 1974, Pub. L. 93–510, § 12, 88 Stat. 1608. 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 sub- stituted 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 Govern- ment’’ are added for clarity. The words ‘‘assistance in the form of’’ are omitted as unnecessary. In clause (3), the words ‘‘a county, city, political sub- division 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, par- ish, town, township, village,’’ for consistency in the re- vised 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 sub- stituted 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 omit- ted as unnecessary. The words ‘‘the Commonwealth of Puerto Rico’’ are omitted as being included in ‘‘terri- tory or possession of the United States’’ and as unnec- essary because of 48:734. Editorial Notes AMENDMENTS 1994—Par. (3). Pub. L. 103–272 substituted ‘‘political’’ for ‘‘politicial’’ after ‘‘other general purpose’’. § 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 pre- scribe procedures requiring applicants for assist- ance 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 sig- nificantly 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 fol- lowing 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 financ- ing for specific kinds of projects. (2) to assist in planning and developing a project financed from different programs, de- velop 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 require- ments to identify requirements that may im- pede joint financing of a project and modify the requirements when appropriate. (4) establish common technical or adminis- trative regulations for related programs to as- sist 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 proc- essing 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 sec- tion 7101 of this title in conducting an assist- ance 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 pro- grams of different executive agencies that may be used jointly to finance projects under- taken by States, local governments, or private nonprofit organizations. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1036.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 7103(a) ..... 42:4252(a). Dec. 5, 1974, Pub. L. 93–510, § 3, 88 Stat. 1604. 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 unneces- Page 560 TITLE 31—MONEY AND FINANCE § 7104 sary. 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 sub- stituted for ‘‘that will assure that’’ to eliminate unnec- essary words. The words ‘‘to be jointly financed under this chapter’’ are substituted for ‘‘funded pursuant to the provisions of this chapter’’ for clarity and consist- ency. In clause (1), the words ‘‘States and local govern- ments’’ 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 restate- ment. 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 consist- ency in the revised chapter. In clause (1), the words ‘‘or appropriate’’ and ‘‘thereunder’’ are omitted as unneces- sary. In clause (3), the words ‘‘to identify’’ are sub- stituted 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 des- ignation’’ 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 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, pro- vided: 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 Ac- counting Act, 1921, as amended, the Budget and Ac- counting Procedures Act of 1950, as amended, Reorga- nization 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 Direc- tor 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 sec- tion 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 stat- ute 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 Of- fice 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 regula- tions 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 Pol- icy, General Services Administration.’’. SEC. 6. This order shall be effective as of December 31, 1975. GERALD R. FORD. § 7104. Processing project requests to be financed by at least 2 assistance programs In processing an application or request for as- sistance 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 han- dled expeditiously; (2) complete account is taken of special con- siderations 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 infor- mation or assurances from one executive agen- cy for a requesting executive agency when the requesting agency may get the information or assurances directly. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1037.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 7104 ......... 42:4253. Dec. 5, 1974, Pub. L. 93–510, § 4, 88 Stat. 1605. In the section, before clause (1), the words ‘‘for a project to be financed by at least 2 assistance pro- grams’’ 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 sub- stituted for ‘‘Federal provision of’’, and the words ‘‘joint assistance under the application’’ are sub- stituted for ‘‘on a joint basis’’, to eliminate unneces- sary words. Clause (5) is substituted for 42:4253(5) be- cause of the restatement.