By virtue of the authority vested in me by Sections 3, 5, 7, 10, and 11 of the joint Funding Simplification Act of 1974 (Public Law 93-510, 88 Stat. 1604), Section 408 of the Domestic Volunteer Service Act of 1973 (87 Stat. 410, 42 U.S.C. 5048), Section 5 of the Rehabilitation Act of 1973 (87 Stat. 359, 29 U.S.C. 704), Section 701(1) of the Housing Act of 1954, as amended (40 U.S.C. 461(1)), Section 728 of the Housing and Urban Development Act of 1970 (42 U.S.C. 4531), Section 406 of the juvenile Delinquency Prevention and Control Act of 1968, as amended (now Section 407, 86 Stat. 537, 42 U.S.C. 3887), Section 612 of the Economic Opportunity Act of 1964, as amended (81 Stat. 717, 42 U.S.C. 2962), and Section 301 of Title 3 of the United States Code, and as President of the United States of America, it is hereby ordered as follows: SECTION 1. The Administrator of General Services is designated and empowered to exercise, without approval, ratification, or other action by the President, the functions vested in the President by Sections 3, 5, 7, and 10 of the joint Funding Simplification Act of 1974 (Public Law 93-510, 42 U.S.C. 4252, 4254, 4256 and 4259, respectively). The Administrator shall promulgate such regulations as may be necessary or appropriate to assure that that Act is applied by all Federal agencies in a consistent manner and in accordance with its purposes. SEC. 2. The Administrator of General Services shall prepare, for the President's transmission to Congress, the report required by Section 11 of the Joint Funding Simplification Act of 1974, which report shall be submitted to the President through the Director of the Office of Management and Budget, at least fourteen months prior to the expiration of that Act. SEC. 3. The Administrator of General Services is designated and empowered to exercise, without approval, ratification, or other action by the President, the authority vested'in the President to issue regulations with respect to joint funding by: (a) Section 408 of the Domestic Volunteer Service Act of 1973 (87 Stat. 410, 42 U.S.C. 5048), (b) Section 5 of the Rehabilitation Act of 1973 (87 Stat. 359, 29 U.S.C. 704), (c) Section 406 of the juvenile Delinquency Prevention and Control Act of 1968, as amended (now Section 407, 86 Stat. 537, 42 U.S.C. 3887), (d) Section 612 of the Economic Opportunity Act of 1964, as amended (81 Stat. 717, 42 U.S.C. 2962), (e) Section 701(1) of the Housing Act of 1954, as amended (40 U.S.C. 461(1)),and (f) Section 728 of the Housing and Urban Development Act of 1970 (42 U.S.C. 4531). SEC. 4. The functions delegated to the Administrator of General Services by this Order shall be performed: (a) subject to the general oversight and policy direction of the Director of the Office of Management and Budget; (b) with respect to joint management funds, subject to the existing authority of the Director of the Office of Management and Budget; and (c) in accordance with the provisions of the Inter-governmental Cooperation Act of 1968 (Public Law 90-577, 82 Stat. 1098). SEC. 5. The delegations of authority provided by Section 3, of this Order, and the supersessions provided by this Section, shall not be deemed to affect in any way the exercise of such authority previously delegated to the Administrator of General Services. The following Executive orders are superseded: Executive Order No. 11784 of May 30, 1974, and Executive Order No. 11466 of April 18, 1969. SEC. 6. Section 1 of Executive Order No. 11758 of January 15, 1974, is revised to read as follows: "The Director of the Office of Management and Budget is hereby designated and empowered to exercise, without approval, ratification, or other action of the President, the authority of the President under section 500(a) of the Rehabilitation Act of 1973 (87 Stat. 390, 29 U.S.C. 790) with respect to the transfer of unexpended appropriations." GERALD R. FORD The White House, June 19, 1975.
Executive Order 11867—Delegating to the Administrator of General Services Authority to Issue Joint Funding Regulations
Executive Brief • At a Glance
The Administrator of General Services is designated and empowered to exercise, without approval, ratification, or other action by the President, the functions vested in the President by Sections 3, 5, 7, and 10 of the joint Funding Simplification Act of 1974 (Public Law 93-510, 42 U.S.C. 4252, 4254, 4256 and 4259, respectively).
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Gerald R. Ford on June 19, 1975, this order concerns Delegating to the Administrator of General Services Authority to Issue Joint Funding Regulations. The Administrator of General Services is designated and empowered to exercise, without approval, ratification, or other action by the President, the functions vested in the President by Sections 3, 5, 7, and 10 of the joint Funding Simplification Act of 1974 (Public Law 93-510, 42 U.S.C. 4252, 4254, 4256 and 4259, respectively).
Key Directives & Operative Actions
The Administrator of General Services is designated and empowered to exercise, without approval, ratification, or other action by the President, the functions vested in the President by Sections 3, 5, 7, and 10 of the joint Funding Simplification Act of 1974 (Public Law 93-510, 42 U.S.C. 4252, 4254, 4256 and 4259, respectively).
The Administrator shall promulgate such regulations as may be necessary or appropriate to assure that that Act is applied by all Federal agencies in a consistent manner and in accordance with its purposes.
The Administrator of General Services shall prepare, for the President's transmission to Congress, the report required by Section 11 of the Joint Funding Simplification Act of 1974, which report shall be submitted to the President through the Director of the Office of Management and Budget, at least fourteen months prior to the expiration of that Act.
The functions delegated to the Administrator of General Services by this Order shall be performed: (a) subject to the general oversight and policy direction of the Director of the Office of Management and Budget; (b) with respect to joint management funds, subject to the existing authority of the Director of the Office of Management and Budget; and (c) in accordance with the provisions of the Inter-governmental Cooperation Act of 1968 (Public Law 90-577, 82 Stat. 1098).
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Alexander Hamilton
The Energetic Executive & Unified Command
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 11,867 (June 19, 1975), https://executiveordersarchive.org/orders/app-executive-order-11867-delegating-the-administrator-general-services-authority-issue-joint.