Legislación

US (United States) Code. Title 42. Chapter 62: Intergovernmental Personnel Program

Compartir 0 Me sirvió 0 No me sirvió

-CITE-

42 USC CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

-HEAD-

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

-MISC1-

Sec.

4701. Congressional findings and declaration of policy.

4702. Administration of authorities.

SUBCHAPTER I - DEVELOPMENT OF POLICIES AND STANDARDS

4711 to 4713. Omitted.

SUBCHAPTER II - STRENGTHENING STATE AND LOCAL PERSONNEL

ADMINISTRATION

4721. Declaration of purpose.

4722. State government and statewide programs and grants.

(a) Amount of grants; executive certification;

systems of personnel administration:

innovation and diversity in design, execution,

and management.

(b) Application; time of making; information; terms

and conditions; personnel administration

improvement.

4723. Local government programs and grants.

(a) Population served; amount of grants; executive

certification; State grant, conditions.

(b) Application; time of making; information; terms

and conditions; waiver; development costs;

population served.

disapproval explanation.

4724. Intergovernmental cooperation in recruiting and

examining activities; potential employees,

certification; payments for costs; credits to

appropriation or fund for payment of expenses.

4725. Technical assistance; waiver of payments for costs;

credits to appropriation or fund for payment of

expenses.

4726. Coordination of Federal programs.

4727. Interstate compacts.

4728. Transfer of functions.

(a) Prescription of personnel standards on a merit

basis.

(b) Standards for systems of personnel

administration.

(d) Transfer of personnel, property, records, and

funds; time of transfer.

(e) Modification or supersedure of personnel

standards.

(f) Systems of personnel administration; innovation

and diversity in design, execution, and

management.

(g) Interpretation of certain provisions;

limitation.

(h) Grants-in-aid; abolition of certain

requirements.

SUBCHAPTER III - TRAINING AND DEVELOPING STATE AND LOCAL EMPLOYEES

4741. Declaration of purpose.

4742. Admission to Federal employee training programs.

(a) State and local government officers and

employees.

(b) Waiver of payments for training costs.

agencies.

4743. Grants to State and local governments for training.

(a) Amount of grants; executive certification; use

restrictions; uses for non-Federal share;

personnel training and education programs:

innovation and diversity in development and

execution.

(b) Application; time of making; information; terms

and conditions; waiver; development costs.

certification; State grant, conditions; terms

and conditions; waiver.

(d) Gubernatorial review of application;

disapproval explanation.

4744. Grants to other organizations.

(a) Amount of grants; conditions.

(b) "Other organization" defined.

4745. Government Service Fellowships.

(a) Diverse payments.

(b) Period of fellowships; eligibility criteria.

and employment benefits; public service plans

upon completion of study: outline of plans in

application for grant.

4746. Coordination of Federal programs.

SUBCHAPTER IV - GENERAL PROVISIONS

4761. Declaration of purpose.

4762. Definitions.

4763. General administrative provisions.

(a) Administration by Office.

(b) Advice and assistance.

modification, covenants, conditions, and

provisions; utilization of other agencies.

(d) Information: collection and availability;

research and evaluation; administration

report; coordination of Federal programs.

(e) Additional authority.

4764. Reporting and recordkeeping requirements for State or

local governments and other organizations.

4765. Review and audit.

4766. Distribution of grants.

(a) State and local government allocations;

equitable distribution.

(b) Weighted formula; minimum allocation;

reallocation; "State" defined.

4767. Termination of grants.

4768. Advisory committees; appointment; compensation and

travel expenses.

4769. Authorization of appropriations.

4770. Limitations on availability of funds for cost sharing.

4771. Method of payment; installments; advances or

reimbursement; adjustments.

4772. Effective date of grant provisions.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 15 section 278h; title 25

section 3417.

-End-

-CITE-

42 USC Sec. 4701 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

-HEAD-

Sec. 4701. Congressional findings and declaration of policy

-STATUTE-

The Congress hereby finds and declares -

That effective State and local governmental institutions are

essential in the maintenance and development of the Federal system

in an increasingly complex and interdependent society.

That, since numerous governmental activities administered by the

State and local governments are related to national purpose and are

financed in part by Federal funds, a national interest exists in a

high caliber of public service in State and local governments.

That the quality of public service at all levels of government

can be improved by the development of systems of personnel

administration consistent with such merit principles as -

(1) recruiting, selecting, and advancing employees on the basis

of their relative ability, knowledge, and skills, including open

consideration of qualified applicants for initial appointment;

(2) providing equitable and adequate compensation;

(3) training employees, as needed, to assure high-quality

performance;

(4) retaining employees on the basis of the adequacy of their

performance, correcting inadequate performance, and separating

employees whose inadequate performance cannot be corrected;

(5) assuring fair treatment of applicants and employees in all

aspects of personnel administration without regard to political

affiliation, race, color, national origin, sex, or religious

creed and with proper regard for their privacy and constitutional

rights as citizens; and

(6) assuring that employees are protected against coercion for

partisan political purposes and are prohibited from using their

official authority for the purpose of interfering with or

affecting the result of an election or a nomination for office.

That Federal financial and technical assistance to State and

local governments for strengthening their personnel administration

in a manner consistent with these principles is in the national

interest.

-SOURCE-

(Pub. L. 91-648, Sec. 2, Jan. 5, 1971, 84 Stat. 1909.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 91-648 provided: "That this Act [enacting

this chapter and sections 3371 to 3376 of Title 5, Government

Organization and Employees, amending section 246(f) of this title,

section 1304 of Title 5, repealing sections 1881 to 1888 of Title

7, Agriculture, and section 869b of Title 20, Education, and

enacting provisions set out as notes under section 3371 of Title 5]

may be cited as the 'Intergovernmental Personnel Act of 1970'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4722, 4723, 4728, 4743 of

this title.

-End-

-CITE-

42 USC Sec. 4702 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

-HEAD-

Sec. 4702. Administration of authorities

-STATUTE-

The authorities provided by this chapter shall be administered in

such manner as (1) to recognize fully the rights, powers, and

responsibilities of State and local governments, and (2) to

encourage innovation and allow for diversity on the part of State

and local governments in the design, execution, and management of

their own systems of personnel administration.

-SOURCE-

(Pub. L. 91-648, Sec. 3, Jan. 5, 1971, 84 Stat. 1909.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 91-648, Jan. 5, 1971, 84 Stat. 1909, as

amended, known as the Intergovernmental Personnel Act of 1970,

which enacted this chapter and sections 3371 to 3376 of Title 5,

Government Organization and Employees, amended section 246(f) of

this title, section 1304 of Title 5, repealed sections 1881 to 1888

of Title 7, Agriculture, and section 869b of Title 20, Education,

and enacted provisions set out as notes under section 3371 of Title

5. For complete classification of this Act to the Code, see Short

Title note set out under section 4701 of this title and Tables.

-End-

-CITE-

42 USC SUBCHAPTER I - DEVELOPMENT OF POLICIES AND

STANDARDS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

SUBCHAPTER I - DEVELOPMENT OF POLICIES AND STANDARDS

-HEAD-

SUBCHAPTER I - DEVELOPMENT OF POLICIES AND STANDARDS

-End-

-CITE-

42 USC Secs. 4711 to 4713 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

SUBCHAPTER I - DEVELOPMENT OF POLICIES AND STANDARDS

-HEAD-

Secs. 4711 to 4713. Omitted

-COD-

CODIFICATION

Section 4711, Pub. L. 91-648, title I, Sec. 101, Jan. 5, 1971, 84

Stat. 1910, declared the purpose of this subchapter to provide

intergovernmental cooperation in the development of policies and

standards for the administration of programs authorized by this

Act.

Section 4712, Pub. L. 91-648, title I, Sec. 102, Jan. 5, 1971, 84

Stat. 1910, which provided for the establishment of an Advisory

Council on Intergovernmental Personnel Policy by the President,

membership, duties, compensation and travel expenses of the council

and termination of the council by the President at any time after

the expiration of three years following its establishment, was

omitted in view of the revocation of Ex. Ord. No. 11607, July 20,

1971, 36 F.R. 13317, which established the Council, by Ex. Ord. No.

11792, June 25, 1974, 39 F.R. 23191.

Section 4713, Pub. L. 91-648, title I, Sec. 103, Jan. 5, 1971, 84

Stat. 1910, which provided that the Council report to the President

and Congress, from time to time, its recommendations and findings,

was omitted in view of the abolishment of the Council.

-End-

-CITE-

42 USC SUBCHAPTER II - STRENGTHENING STATE AND LOCAL

PERSONNEL ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

SUBCHAPTER II - STRENGTHENING STATE AND LOCAL PERSONNEL

ADMINISTRATION

-HEAD-

SUBCHAPTER II - STRENGTHENING STATE AND LOCAL PERSONNEL

ADMINISTRATION

-End-

-CITE-

42 USC Sec. 4721 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

SUBCHAPTER II - STRENGTHENING STATE AND LOCAL PERSONNEL

ADMINISTRATION

-HEAD-

Sec. 4721. Declaration of purpose

-STATUTE-

The purpose of this subchapter is to assist State and local

governments to strengthen their staffs by improving their personnel

administration.

-SOURCE-

(Pub. L. 91-648, title II, Sec. 201, Jan. 5, 1971, 84 Stat. 1911.)

-End-

-CITE-

42 USC Sec. 4722 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

SUBCHAPTER II - STRENGTHENING STATE AND LOCAL PERSONNEL

ADMINISTRATION

-HEAD-

Sec. 4722. State government and statewide programs and grants

-STATUTE-

(a) Amount of grants; executive certification; systems of personnel

administration: innovation and diversity in design, execution,

and management

The Office of Personnel Management (hereinafter referred to as

the "Office") is authorized to make grants to a State for up to 75

per centum (or, with respect to fiscal years commencing after the

expiration of three years following the effective date of the grant

provisions of this chapter, for up to 50 per centum) of the costs

of developing and carrying out programs or projects, on the

certification of the Governor of that State that the programs or

projects contained within the State's application are consistent

with the applicable principles set forth in clauses (1)-(6) of the

third paragraph of section 4701 of this title, to strengthen

personnel administration in that State government or in local

governments of that State. The authority provided by this section

shall be employed in such a manner as to encourage innovation and

allow for diversity on the part of State and local governments in

the design, execution, and management of their own systems of

personnel administration.

(b) Application; time of making; information; terms and conditions;

personnel administration improvement

An application for a grant shall be made at such time or times,

and contain such information, as the Office may prescribe. The

Office may make a grant under subsection (a) of this section only

if the application therefor -

(1) provides for designation, by the Governor or chief

executive authority, of the State office that will have primary

authority and responsibility for the development and

administration of the approved program or project at the State

level;

(2) provides for the establishment of merit personnel

administration where appropriate and the further improvement of

existing systems based on merit principles;

(3) provides for specific personnel administration improvement

needs of the State government and, to the extent appropriate, of

the local governments in that State, including State personnel

administration services for local governments;

(4) provides assurance that the making of a Federal Government

grant will not result in a reduction in relevant State or local

government expenditures or the substitution of Federal funds for

State or local funds previously made available for these

purposes; and

(5) sets forth clear and practicable actions for the

improvement of particular aspects of personnel administration

such as -

(A) establishment of statewide personnel systems of general

or special functional coverage to meet the needs of urban,

suburban, or rural governmental jurisdictions that are not able

to provide sound career services, opportunities for

advancement, adequate retirement and leave systems, and other

career inducements to well-qualified professional,

administrative, and technical personnel;

(B) making State grants to local governments to strengthen

their staffs by improving their personnel administration;

professional, administrative, and technical manpower, and the

initiation of timely and appropriate action to meet such needs;

(D) strengthening one or more major areas of personnel

administration, such as recruitment and selection, training and

development, and pay administration;

(E) undertaking research and demonstration projects to

develop and apply better personnel administration techniques,

including both projects conducted by State and local government

staffs and projects conducted by colleges or universities or

other appropriate nonprofit organizations under grants or

contracts;

(F) strengthening the recruitment, selection, assignment, and

development of handicapped persons, women, and members of

disadvantaged groups whose capacities are not being utilized

fully;

(G) training programs related directly to upgrading within

the agency for nonprofessional employees who show promise of

developing a capacity for assuming professional responsibility;

(H) achieving the most effective use of scarce professional,

administrative, and technical manpower; and

(I) increasing intergovernmental cooperation in personnel

administration, with respect to such matters as recruiting,

examining, pay studies, training, education, personnel

interchange, manpower utilization, and fringe benefits.

-SOURCE-

(Pub. L. 91-648, title II, Sec. 202, Jan. 5, 1971, 84 Stat. 1911;

1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037,

92 Stat. 3783.)

-REFTEXT-

REFERENCES IN TEXT

For effective date of the grant provisions of this chapter,

referred to in subsec. (a), as being 180 days after Jan. 5, 1971,

see section 4772 of this title.

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 91-648, Jan. 5, 1971, 84 Stat. 1909, as

amended, known as the Intergovernmental Personnel Act of 1970,

which enacted this chapter and sections 3371 to 3376 of Title 5,

Government Organization and Employees, amended section 246(f) of

this title, section 1304 of Title 5, repealed sections 1881 to 1888

of Title 7, Agriculture, and section 869b of Title 20, Education,

and enacted provisions set out as notes under section 3371 of Title

5. For complete classification of this Act to the Code, see Short

Title note set out section 4701 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

"Office of Personnel Management" and "Office" substituted in text

for "United States Civil Service Commission" and "Commission",

respectively, pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43

F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5,

Government Organization and Employees, which transferred all

functions vested by statute in United States Civil Service

Commission and Chairman thereof to Director of Office of Personnel

Management (except as otherwise specified), effective Jan. 1, 1979,

as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978,

44 F.R. 1055, set out under section 1101 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4723, 4728 of this title.

-End-

-CITE-

42 USC Sec. 4723 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

SUBCHAPTER II - STRENGTHENING STATE AND LOCAL PERSONNEL

ADMINISTRATION

-HEAD-

Sec. 4723. Local government programs and grants

-STATUTE-

(a) Population served; amount of grants; executive certification;

State grant, conditions

The Office is authorized to make grants to a general local

government, or a combination of general local governments, that

serve a population of fifty thousand or more, for up to 75 per

centum (or, with respect to fiscal years commencing after the

expiration of three years following the effective date of the grant

provisions of this chapter, for up to 50 per centum) of the costs

of developing and carrying out programs or projects, on the

certification of the mayor(s), or chief executive officer(s), of

the general local government or combination of local governments

that the programs or projects are consistent with the applicable

principles set forth in clauses (1)-(6) of the third paragraph of

section 4701 of this title, to strengthen the personnel

administration of such governments. Such a grant may not be made -

(1) if, at the time of submission of an application, the State

concerned has an approved plan which, with the agreement of the

particular local government concerned, provides for strengthening

one or more aspects of personnel administration in that local

government, unless the local government concerned has problems

which are not met by the previously approved plan and for which,

with the agreement of the State government concerned with respect

to those aspects of personnel administration covered in the

approved plan, it is submitting an application; or

(2) after the State concerned has a statewide plan which has

been developed by an appropriate State agency designated or

established pursuant to State law which provides such agency with

adequate authority, administrative organization, and staffing to

develop and administer such a statewide plan, and to provide

technical assistance and other appropriate support in carrying

out the local components of the plan, and which provides

procedures insuring adequate involvement of officials of affected

local governments in the development and administration of such a

statewide plan, unless the local government concerned has

special, unique, or urgent problems which are not met by the

approved statewide plan and for which it submits an application

for funds to be distributed under section 4766(a) of this title.

Upon the request of a Governor or chief executive authority, a

grant to a general local government or combination of such

governments in that State may not be made during a period not to

exceed ninety days commencing with the date provided in section

4772 of this title, or the date on which official regulations for

this chapter are promulgated, whichever date is later: Provided,

That the request of the Governor or chief executive authority

indicates that he is developing a plan under (1) above, or during a

period not to exceed one hundred and eighty days commencing with

the date provided in section 4772 of this title, or the date on

which official regulations for this chapter are promulgated,

whichever date is later, provided the request of the Governor or

chief executive authority indicates that he is developing a

statewide plan under (2) above.

(b) Application; time of making; information; terms and conditions;

waiver; development costs; population served

An application for a grant from a general local government or a

combination of general local governments shall be made at such time

or times and shall contain such information as the Office may

prescribe. The Office may make a grant under subsection (a) of this

section only if the application therefor meets requirements similar

to those established in section 4722(b) of this title for a State

application for a grant, unless any such requirement is

specifically waived by the Office, and the requirements of

subsection (c) of this section. Such a grant may cover the costs of

developing the program or project covered by the application. The

Office may make grants to general local governments, or

combinations of such governments, that serve a population of less

than fifty thousand, if it finds that such grants will help meet

essential needs in programs or projects of national interest and

will assist general local governments experiencing special problems

in personnel administration related to such programs or projects.

An application to be submitted to the Office under subsection (b)

of this section shall first be submitted by the general local

government or combination of such governments to the Governor for

review, comments, and recommendations. The Governor may refer the

application to the State office designated under section 4722(b)(1)

of this title for review. Comments and recommendations (if any)

made as a result of the review, and a statement by the general

local government or combination of such governments that it has

considered the comments and recommendations of the Governor shall

accompany the application to the Office. The application need not

be accompanied by the comments and recommendations of the Governor

if the general local government or combination of such governments

certifies to the Office that the application has been before the

Governor for review and comment for a period of sixty days without

comment by the Governor. An explanation in writing shall be sent to

the Governor of a State by the Office whenever the Office does not

concur with recommendations of the Governor in approving any local

government applications.

-SOURCE-

(Pub. L. 91-648, title II, Sec. 203, Jan. 5, 1971, 84 Stat. 1912;

1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037,

92 Stat. 3783.)

-REFTEXT-

REFERENCES IN TEXT

For effective date of the grant provisions of this chapter,

referred to in subsec. (a), as being 180 days after Jan. 5, 1971,

see section 4772 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

"Office", meaning Office of Personnel Management, substituted in

text for "Commission", meaning Civil Service Commission, pursuant

to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat.

3783, set out under section 1101 of Title 5, Government

Organization and Employees, which transferred functions vested by

statute in Civil Service Commission and Chairman thereof to

Director of Office of Personnel Management (except as otherwise

specified), effective Jan. 1, 1979, as provided by section 1-102 of

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under

section 1101 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4728, 4762 of this title.

-End-

-CITE-

42 USC Sec. 4724 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

SUBCHAPTER II - STRENGTHENING STATE AND LOCAL PERSONNEL

ADMINISTRATION

-HEAD-

Sec. 4724. Intergovernmental cooperation in recruiting and

examining activities; potential employees, certification;

payments for costs; credits to appropriation or fund for payment

of expenses

-STATUTE-

(a) The Office may join, on a shared-costs basis, with State and

local governments in cooperative recruiting and examining

activities under such procedures and regulations as may jointly be

agreed upon.

(b) The Office also may, on the written request of a State or

local government and under such procedures as may be jointly agreed

upon, certify to such governments from appropriate Federal

registers the names of potential employees. The State or local

government making the request shall pay the Office for the costs,

as determined by the Office, of performing the service, and such

payments shall be credited to the appropriation or fund from which

the expenses were or are to be paid.

-SOURCE-

(Pub. L. 91-648, title II, Sec. 204, Jan. 5, 1971, 84 Stat. 1914;

1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037,

92 Stat. 3783.)

-TRANS-

TRANSFER OF FUNCTIONS

"Office", meaning Office of Personnel Management, substituted in

text for "Commission", meaning Civil Service Commission, pursuant

to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat.

3783, set out under section 1101 of Title 5, Government

Organization and Employees, which transferred functions vested by

statute in Civil Service Commission and Chairman thereof to

Director of Office of Personnel Management (except as otherwise

specified), effective Jan. 1, 1979, as provided by section 1-102 of

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under

section 1101 of Title 5.

-End-

-CITE-

42 USC Sec. 4725 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

SUBCHAPTER II - STRENGTHENING STATE AND LOCAL PERSONNEL

ADMINISTRATION

-HEAD-

Sec. 4725. Technical assistance; waiver of payments for costs;

credits to appropriation or fund for payment of expenses

-STATUTE-

The Office may furnish technical advice and assistance, on

request, to State and general local governments seeking to improve

their systems of personnel administration. The Office may waive, in

whole or in part, payments from such governments for the costs of

furnishing such assistance. All such payments shall be credited to

the appropriation or fund from which the expenses were or are to be

paid.

-SOURCE-

(Pub. L. 91-648, title II, Sec. 205, Jan. 5, 1971, 84 Stat. 1914;

1978 Reorg. Plan. No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R.

36037, 92 Stat. 3783.)

-TRANS-

TRANSFER OF FUNCTIONS

"Office", meaning Office of Personnel Management, substituted in

text for "Commission", meaning Civil Service Commission, pursuant

to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat.

3783, set out under section 1101 of Title 5, Government

Organization and Employees, which transferred functions vested by

statute in Civil Service Commission and Chairman thereof to

Director of Office of Personnel Management (except as otherwise

specified), effective Jan. 1, 1979, as provided by section 1-102 of

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under

section 1101 of Title 5.

-End-

-CITE-

42 USC Sec. 4726 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

SUBCHAPTER II - STRENGTHENING STATE AND LOCAL PERSONNEL

ADMINISTRATION

-HEAD-

Sec. 4726. Coordination of Federal programs

-STATUTE-

The Office, after consultation with other agencies concerned,

shall -

(1) coordinate the personnel administration support and

technical assistance given to State and local governments and the

support given State programs or projects to strengthen local

government personnel administration, including the furnishing of

needed personnel administration services and technical

assistance, under authority of this chapter with any such support

given under other Federal programs; and

(2) make such arrangements, including the collection,

maintenance, and dissemination of data on grants for

strengthening State and local government personnel administration

and on grants to States for furnishing needed personnel

administration services and technical assistance to local

governments, as needed to avoid duplication and insure consistent

administration of related Federal activities.

-SOURCE-

(Pub. L. 91-648, title II, Sec. 206, Jan. 5, 1971, 84 Stat. 1914;

1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037,

92 Stat. 3783.)

-TRANS-

TRANSFER OF FUNCTIONS

"Office", meaning Office of Personnel Management, substituted in

text for "Commission", meaning Civil Service Commission, pursuant

to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat.

3783, set out under section 1101 of Title 5, Government

Organization and Employees, which transferred functions vested by

statute in Civil Service Commission and Chairman thereof to

Director of Office of Personnel Management (except as otherwise

specified), effective Jan. 1, 1979, as provided by section 1-102 of

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under

section 1101 of Title 5.

-End-

-CITE-

42 USC Sec. 4727 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

SUBCHAPTER II - STRENGTHENING STATE AND LOCAL PERSONNEL

ADMINISTRATION

-HEAD-

Sec. 4727. Interstate compacts

-STATUTE-

The consent of the Congress is hereby given to any two or more

States to enter into compacts or other agreements, not in conflict

with any law of the United States, for cooperative efforts and

mutual assistance (including the establishment of appropriate

agencies) in connection with the development and administration of

personnel and training programs for employees and officials of

State and local governments.

-SOURCE-

(Pub. L. 91-648, title II, Sec. 207, Jan. 5, 1971, 84 Stat. 1915.)

-End-

-CITE-

42 USC Sec. 4728 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

SUBCHAPTER II - STRENGTHENING STATE AND LOCAL PERSONNEL

ADMINISTRATION

-HEAD-

Sec. 4728. Transfer of functions

-STATUTE-

(a) Prescription of personnel standards on a merit basis

There are hereby transferred to the Office all functions, powers,

and duties of -

(1) the Secretary of Agriculture under section 2019(e)(2) of

title 7;

(2) the Secretary of Labor under -

(A) the Act of June 6, 1933, as amended (29 U.S.C. 49 et

seq.); and

(B) section 503(a)(1) of this title;

(3) the Secretary of Health and Human Services under -

(A) sections 2674(a)(6) and 2684(a)(6) of this title;

(B) section 3023(a)(6) of this title;

this title; and

(D) sections 302(a)(5)(A), 602(a)(5)(A), 705(a)(3)(A),

1202(a)(5)(A), 1352(a)(5)(A), 1382(a)(5)(A), and 1396a(a)(4)(A)

of this title; and

(4) any other department, agency, office, or officer (other

than the President) under any other provision of law or

regulation applicable to a program of grant-in-aid that

specifically requires the establishment and maintenance of

personnel standards on a merit basis with respect to the program;

insofar as the functions, powers, and duties relate to the

prescription of personnel standards on a merit basis.

(b) Standards for systems of personnel administration

In accordance with regulations of the Office of Personnel

Management, Federal agencies may require as a condition of

participation in assistance programs, systems of personnel

administration consistent with personnel standards prescribed by

the Office for positions engaged in carrying out such programs. The

standards shall -

(1) include the merit principles in section 4701 of this title;

(2) be prescribed in such a manner as to minimize Federal

intervention in State and local personnel administration.

The Office shall -

(1) provide consultation and technical advice and assistance to

State and local governments to aid them in complying with

standards prescribed by the Office under subsection (a) of this

section; and

(2) advise Federal agencies administering programs of grants or

financial assistance as to the application of required personnel

administration standards, and recommend and coordinate the taking

of such actions by the Federal agencies as the Office considers

will most effectively carry out the purpose of this subchapter.

(d) Transfer of personnel, property, records, and funds; time of

transfer

So much of the personnel, property, records, and unexpended

balances of appropriations, allocations, and other funds of any

Federal agency employed, used, held, available, or to be made

available in connection with the functions, powers, and duties

vested in the Office by this section as the Director of the

Management and Budget shall determine shall be transferred to the

Office at such time or times as the Director shall direct.

(e) Modification or supersedure of personnel standards

Personnel standards prescribed by Federal agencies under laws and

regulations referred to in subsection (a) of this section shall

continue in effect until modified or superseded by standards

prescribed by the Office under subsection (a) of this section.

(f) Systems of personnel administration; innovation and diversity

in design, execution, and management

Any standards or regulations established pursuant to the

provisions of this section shall be such as to encourage innovation

and allow for diversity on the part of State and local governments

in the design, execution, and management of their own individual

systems of personnel administration.

(g) Interpretation of certain provisions; limitation

Nothing in this section or in section 4722 or 4723 of this title

shall be construed to -

(1) authorize any agency or official of the Federal Government

to exercise any authority, direction, or control over the

selection, assignment, advancement, retention, compensation, or

other personnel action with respect to any individual State or

local employee;

(2) authorize the application of personnel standards on a merit

basis to the teaching personnel of educational institutions or

school systems;

(3) prevent participation by employees or employee

organizations in the formulation of policies and procedures

affecting the conditions of their employment, subject to the laws

and ordinances of the State or local government concerned;

(4) require or request any State or local government employee

to disclose his race, religion, or national origin, or the race,

religion, or national origin, of any of his forebears;

(5) require or request any State or local government employee,

or any person applying for employment as a State or local

government employee, to submit to any interrogation or

examination or to take any psychological test or any polygraph

test which is designed to elicit from him information concerning

his personal relationship with any person connected with him by

blood or marriage, or concerning his religious beliefs or

practices, or concerning his attitude or conduct with respect to

sexual matters; or

(6) require or request any State or local government employee

to participate in any way in any activities or undertakings

unless such activities or undertakings are related to the

performance of official duties to which he is or may be assigned

or to the development of skills, knowledge, or abilities which

qualify him for the performance of such duties.

(h) Grants-in-aid; abolition of certain requirements

Effective one year after October 13, 1978, all statutory

personnel requirements established as a condition of the receipt of

Federal grants-in-aid by State and local governments are hereby

abolished, except -

(1) requirements prescribed under laws and regulations referred

to in subsection (a) of this section;

(2) requirements that generally prohibit discrimination in

employment or require equal employment opportunity;

(3) sections 3141-3144, 3146, and 3147 of title 40; and

(4) chapter 15 of title 5, relating to political activities of

certain State and local employees.

-SOURCE-

(Pub. L. 91-648, title II, Sec. 208, Jan. 5, 1971, 84 Stat. 1915;

Pub. L. 95-454, Sec. 602(a)(2), (3), Oct. 13, 1978, 92 Stat. 1188,

1189; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R.

36037, 92 Stat. 3783; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17,

1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

Section 2019(e)(2) of title 7, referred to in subsec. (a)(1), is

a reference to section 2019 of title 7 prior to the general

amendment of that section by Pub. L. 95-113, Sec. 1301, Sept. 29,

1977, 91 Stat. 969. Provisions formerly contained in section

2019(e)(2) of title 7 are covered by section 2020(e)(6) of title 7.

Act of June 6, 1933, as amended, referred to in subsec.

(a)(2)(A), is act June 6, 1933, ch. 49, 48 Stat. 113, as amended,

known as the "Wagner-Peyser Act", which is classified generally to

chapter 4B (Sec. 49 et seq.) of Title 29, Labor. For complete

classification of this Act to the Code, see Short Title note set

out under section 49 of Title 29 and Tables.

Sections 2674(a)(6) and 2684(a)(6) of this title, referred to in

subsec. (a)(3)(A), was in the original a reference to sections

134(a)(6) and 204(a)(6) of the Mental Retardation Facilities and

Community Mental Health Centers Construction Act of 1963. Section

134 of the Act was renumbered "133" and amended by Pub. L. 94-103,

and is classified to section 6063 of this title. Provisions

relating to personnel standards on a merit basis appeared in

section 6063(b)(7) of this title, and were subsequently deleted in

a general amendment of subsec. (b). Title II of the Act was amended

generally by Pub. L. 94-63, and provisions relating to personnel

standards on a merit basis appeared in section 237(a)(1)(D) of the

Act, which was classified to section 2689t(a)(1)(D) of this title.

Section 2689t was repealed by Pub. L. 97-35, title IX, Sec.

902(e)(2)(B), Aug. 13, 1981, 95 Stat. 560.

Section 3023(a)(6) of this title, referred to in subsec.

(a)(3)(B), was in the original a reference to section 303(a)(6) of

the Older Americans Act of 1965. Section 301 of Pub. L. 93-29

amended the Older Americans Act of 1965 by striking out title III

and inserting in lieu thereof a new title III. Provisions relating

to personnel standards on a merit basis appeared in section

305(a)(2) of the Act, which was classified to section 3025(a)(2) of

this title prior to the general revision and reorganization of

title III by Pub. L. 95-478, Sec. 103(b). Provisions similar to

those comprising section 3025 of this title are contained in

section 3027 of this title.

Section 246(d) of this title, referred to in subsec. (a)(3)(C),

was repealed by Pub. L. 97-35, title IX, Sec. 902(b), Aug. 13,

1981, 95 Stat. 559.

Section 602 of this title, referred to in subsec. (a)(3)(D), was

repealed and a new section 602 enacted by Pub. L. 104-193, title I,

Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so enacted,

no longer contains a subsec. (a)(5)(A).

Section 705 of this title, referred to in subsec. (a)(3)(D), was

amended by Pub. L. 97-35, title XXI, Sec. 2192(a), Aug. 13, 1981,

95 Stat. 822, and, as so amended, did not contain a subsec. (a).

Section 705 was subsequently amended by Pub. L. 101-239, title VI,

Sec. 6503(b)(2), (4), Dec. 19, 1989, 103 Stat. 2276, which inserted

a subsec. "(a)" designation at the beginning of the section and

added a par. (3) to subsec. (a).

Section 1382(a)(5)(A) of this title, referred to in subsec.

(a)(3)(D), was in the original a reference to section 1602(a)(5)(A)

of the Social Security Act. Title XVI of the Social Security Act

(section 1381 et seq. of this title) was amended generally by Pub.

L. 92-603, title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1465, and

the provisions formerly contained in section 1382 of this title

appeared in section 602 of the Act, which was classified to section

802 of this title, and was repealed by Pub. L. 93-647, Sec. 3(b),

Jan. 4, 1975, 88 Stat. 2349.

-COD-

CODIFICATION

In subsec. (h)(3), "sections 3141-3144, 3146, and 3147 of title

40" substituted for "the Davis-Bacon Act (40 U.S.C. 276 et seq.)",

meaning 40 U.S.C. 276a et seq., on authority of Pub. L. 107-217,

Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of

which enacted Title 40, Public Buildings, Property, and Works.

-MISC1-

AMENDMENTS

1978 - Subsecs. (b) to (h). Pub. L. 95-454 added subsec. (b),

redesignated former subsecs. (b) to (g) as (c) to (h),

respectively, and in subsec. (h), as so redesignated, substituted

provisions respecting abolition of certain requirements respecting

grants-in-aid, for provisions setting forth effective date of this

section as 60 days after Jan. 5, 1971.

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsec. (a)(3)

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-MISC2-

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of Title 5, Government Organization and Employees.

-TRANS-

TRANSFER OF FUNCTIONS

"Office", meaning Office of Personnel Management, substituted for

"Commission", meaning Civil Service Commission, in subsecs. (a) and

36037, 92 Stat. 3783, set out under section 1101 of Title 5,

Government Organization and Employees, which transferred functions

vested by statute in Civil Service Commission and Chairman thereof

to Director of Office of Personnel Management (except as otherwise

specified), effective Jan. 1, 1979, as provided by section 1-102 of

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under

section 1101 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 2020.

-End-

-CITE-

42 USC SUBCHAPTER III - TRAINING AND DEVELOPING STATE AND

LOCAL EMPLOYEES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

SUBCHAPTER III - TRAINING AND DEVELOPING STATE AND LOCAL EMPLOYEES

-HEAD-

SUBCHAPTER III - TRAINING AND DEVELOPING STATE AND LOCAL EMPLOYEES

-End-

-CITE-

42 USC Sec. 4741 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

SUBCHAPTER III - TRAINING AND DEVELOPING STATE AND LOCAL EMPLOYEES

-HEAD-

Sec. 4741. Declaration of purpose

-STATUTE-

The purpose of this subchapter is to strengthen the training and

development of State and local government employees and officials,

particularly in professional, administrative, and technical fields.

-SOURCE-

(Pub. L. 91-648, title III, Sec. 301, Jan. 5, 1971, 84 Stat. 1916.)

-End-

-CITE-

42 USC Sec. 4742 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 62 - INTERGOVERNMENTAL PERSONNEL PROGRAM

SUBCHAPTER III - TRAINING AND DEVELOPING STATE AND LOCAL EMPLOYEES

-HEAD-

Sec. 4742. Admission to Federal employee training programs

-STATUTE-

(a) State and local government officers and employees

In accordance with such conditions as may be prescribed by the

head of the Federal agency concerned, a Federal agency may admit

State and local government employees and officials to agency

training programs established for Federal professional,

administrative, or technical personnel.

(b) Waiver of payments for training costs

Federal agencies may waive, in whole or in part, payments from,

or on behalf of, State and local governments for the costs of

training provided under this section. Payments received by the

Federal agency concerned for training under this section shall be

credited to the appropriation or fund used for paying the training

costs.

The Office may use appropriations authorized by this chapter to

pay the initial additional developmental or overhead costs that are

incurred by reason of admittance of State and local government

employees to Federal training courses and to reimburse other

Federal agencies for such costs.

-SOURCE-

(Pub. L. 91-648, title III, Sec. 302, Jan. 5, 1971, 84 Stat. 1916;

1978 Reorg. Plan No. 2, 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92

Stat. 3783.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c), was in the original