§ 1231. Joint funding of programs

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Elementary and Secondary Education Amendments of 1967

   Pub. L. 90–247 title IV § 430 · 81 Stat. 783

   Enacted · 20 U.S.C. § 1231

   Pub. L. 90–247, title IV, § 430, formerly § 411, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 166

   Source evidence

   Code source credit
   Pub. L. 90–247, title IV, § 430, formerly § 411, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 166

2. 1972

   Education Amendments of 1972

   Pub. L. 92–318 § 302(a) · 86 Stat. 235

   Added · 20 U.S.C. § 1231(c)

   Pub. L. 92–318, § 302(a), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 92–318, § 302(a), added subsec. (c).

   Enacted provision · exact public law section
   (a) Section 421 of the General Education Provisions Act (as so redesignated by section 301(a)(1)) is amended by adding at the end thereof the following: “(c) (1) (A) Except in the case of a law which— ”(i) authorizes appropriations for carrying out, or controls the administration of an applicable program, or “(ii) is enacted in express limitation of the provisions of this paragraph, no provision of any law shall be construed to authorize the consolidation of any applicable program with any other program. Where the provisions of law governing the administration of an applicable program permit the packaging or consolidation of applications for grants or contracts to attain simplicity or effectiveness of administration, nothing in this subparagraph shall be deemed to interfere with such packaging or consolidation. “(B) No provision of any law which authorizes an appropriation for carrying out, or controls the administration of, an applicable program shall be construed to authorize the consolidation of any such program with any other program unless provision for such a consolidation is expressly made thereby. “(C) For the purposes of this subsection, the term ‘consolidation’ means any agreement, arrangement, or the other procedure which results in— “(i) the commingling of funds derived from one appropriation with those derived from another appropriation, “(ii) the transfer of funds derived from an appropriation to the use of an activity not authorized by the law authorizing such appropriation, “(iii) the use of practices or procedures which have the effect of requiring, or providing for, the approval of an application for funds derived from different appropriations according to any criteria other than those for which provision is made (either expressly or implicitly) in the law which authorizes the appropriation of such funds, or this title, or “(iv) as a matter of policy the making of a grant or contract involving the use of funds derived from one appropriation dependent upon the receipt of a grant or contract involving the use of funds derived from another appropriation. “(2) (A) No requirement or condition imposed by a law authorizing appropriations for carrying out any applicable program, or controlling the administration thereof, shall be waived or modified, unless such a waiver or modification is expressly authorized by such law or by a provision of this title or by a law expressly limiting the applicability of this paragraph. “(B) There shall be no limitation on the use of funds appropriated to carry out any applicable program other than limitations imposed by the law authorizing the appropriation or a law controlling the administration of such program; nor shall any funds appropriated to carry out an applicable program be allotted, apportioned, allocated, or otherwise distributed in any manner or by any method different from that specified in the law authorizing the appropriation. “(3) No person holding office in the executive branch of the Government shall exercise any authority which would authorize or effect any activity prohibited by paragraph (1) or (2). “(4) The transfer of any responsibility, authority, power, duty, or obligation subject to this title, from the Commissioner to any other officer in the executive branch of the Government, shall not affect the applicability of this title with respect to any applicable program.”

   Effective date note
   Pub. L. 92–318, title III, § 302(c), June 23, 1972, 86 Stat. 333, provided that: “The provisions of section 421(c) [now 430(c)] of the General Education Provisions Act [subsec. (c) of this section] shall be effective upon the date of enactment of this Act [June 23, 1972]. No provision of any law which is inconsistent with such section 421(c) shall be effective nor shall any such provision control to the extent of such inconsistency, unless such a law is enacted after the date of enactment of this Act.”

3. 1994

   Improving America’s Schools Act of 1994

   Pub. L. 103–382 § 241 · 108 Stat. 3518

   Amended · 20 U.S.C. § 1231

   Pub. L. 103–382, § 241, amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to administration of education programs, delegations of authority, utilization of services and facilities of other agencies, and consolidation of programs

   Source evidence

   Code amendment note
   Pub. L. 103–382, § 241, amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to administration of education programs, delegations of authority, utilization of services and facilities of other agencies, and consolidation of programs.

   Enacted provision · exact public law section
   SEC. 241. JOINT FUNDING OF PROGRAMS. Section 430 of the Act (as redesignated by section 212(b)(1) (20 U.S.C. 1231) is amended to read as follows: “Sec. 430. “joint funding of programs (a) (1) The Secretary is authorized to enter into arrangements with other Federal agencies to jointly carry out projects of common interest, to transfer to such agencies funds appropriated under any applicable program, and to receive and use funds from such agencies, for projects of common interest. “(2) Funds transferred or received pursuant to paragraph (1) Contracts. Grants. shall be used only in accordance with the statutes authorizing the appropriation of such funds, and shall be made available by contract or grant only to recipients eligible to receive such funds under such statutes. “(3) If the Secretary enters into an agreement under this subsection for the administration of a project, the agency administering the project shall use such agency’s procedures to award contracts or grants and to administer such awards, unless the parties to the agreement specify the use of procedures of another agency that is a party to the agreement. “(4) If the Secretary has entered into an agreement authorized under this subsection and the Secretary and the heads of the other agencies participating in the agreement determine that joint funding is necessary to address a special need consistent with the purposes and authorized activities of each program that provides funding under the joint project, the Secretary and the heads of the other participating agencies may develop a single set of criteria for the jointly funded project and require each applicant for such project to submit a single application for review by the participating agencies. “(b) The Secretary may develop the criteria for, and require the submission of, joint applications under two or more applicable programs under which funds are awarded on a competitive basis, and may jointly review and approve such applications separately from other applications under such programs, when the Secretary determines that such joint awards are necessary to address a special need consistent with the purposes and authorized activities of each such program. Any applicant for such a joint award shall meet the eligibility requirements of each such program. “(c) The Secretary may not construe the provisions of this section to take precedence over a limitation on joint funding contained in an applicable statute. “(d) (1) The Secretary shall provide notice to the Committee Notice. on Education and Labor of the House of Representatives and to the Committee on Labor and Human Resources of the Senate of each joint funding agreement made with other Federal agencies not later than 60 days after the making of such agreements. “(2) Such notice shall include— “(A) a description of the purpose and objectives of the joint funding arrangement; “(B) the amounts and sources, by program, of the funds dedicated to such arrangement; and “(C) the criteria developed to govern the award of contracts and grants.”.

2 of 3 references resolved to an enrolled provision · 1 partial