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42 U.S.C. § 4742 — Transfer of functions

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4742 — Transfer of functions

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Stable record: federal_law:legal_authorities:record_usc_16373b7ee82a970743e30526
Source file: Laws/federal/codes/united-states-code/title-42/section-4742-transfer-of-functions--a28765376d.md
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Source location: Title 42, Chapter 62, § 4742; chapter-062-intergovernmental-personnel-program.md

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**(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 10(e)(2) of the Food and Nutrition Act of 2008 of 1964 ([7 U.S.C. 2019(e)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2019/e/2&num=0&edition=prelim)); 11 See References in Text note below. (2) the Secretary of Labor under— (A) the Act of June 6, 1933, as amended ([29 U.S.C. 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section49&num=0&edition=prelim) et seq.); and (B) [section 503(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section503/a/1&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3023/a/6&num=0&edition=prelim); (C) sections 246(a)(2)(F) and (d)(2)(F) and 291d(a)(8) of 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4701&num=0&edition=prelim); (2) be prescribed in such a manner as to minimize Federal intervention in State and local personnel administration. **(c) Powers and duties of Office** 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3025 — Designation of State agencies

**(a) Duties of designated agency** In order for a State to be eligible to participate in programs of grants to States from allotments under this subchapter— (1) the State shall, in accordance with regulations of the Assistant Secretary, designate a State agency as the sole State agency to— (A) develop a State plan to be submitted to the Assistant Secretary for approval under [section 3027 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3027&num=0&edition=prelim); (B) administer the State plan within such State; (C) be primarily responsible for the planning, policy development, administration, coordination, priority setting, and evaluation of all State activities related to the objectives of this chapter; (D) serve as an effective and visible advocate for older individuals by reviewing and commenting upon all State plans, budgets, and policies which affect older individuals and providing technical assistance to any agency, organization, association, or individual representing the needs of older individuals; and (E) divide the State into distinct planning and service areas (or in the case of a State specified in subsection (b)(5)(A), designate the entire State as a single planning and service area), in accordance with guidelines issued by the Assistant Secretary, after considering the geographical distribution of older individuals in the State, the incidence of the need for supportive services, nutrition services, multipurpose senior centers, and legal assistance, the distribution of older individuals who have greatest economic need (with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 602 — Eligible States; State plan

**(a) In general** As used in this part, the term “eligible State” means, with respect to a fiscal year, a State that, during the 27-month period ending with the close of the 1st quarter of the fiscal year, has submitted to the Secretary a plan that the Secretary has found includes the following: (1) **Outline of family assistance program** (A) *General provisions* — A written document that outlines how the State intends to do the following: (i) Conduct a program, designed to serve all political subdivisions in the State (not necessarily in a uniform manner), that provides assistance to needy families with (or expecting) children and provides parents with job preparation, work, and support services to enable them to leave the program and become self-sufficient. (ii) Require a parent or caretaker receiving assistance under the program to engage in work (as defined by the State) once the State determines the parent or caretaker is ready to engage in work, or once the parent or caretaker has received assistance under the program for 24 months (whether or not consecutive), whichever is earlier, consistent with [section 607(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section607/e/2&num=0&edition=prelim). (iii) Ensure that parents and caretakers receiving assistance under the program engage in work activities in accordance with [section 607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section607&num=0&edition=prelim). (iv) Take such reasonable steps as the State deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government. (v) Establi

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 602

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 705 — Application for block grant funds

**(a)** In order to be entitled to payments for allotments under [section 702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section702&num=0&edition=prelim) for a fiscal year, a State must prepare and transmit to the Secretary an application (in a standardized form specified by the Secretary) that— (1) contains a statewide needs assessment (to be conducted every 5 years) that shall identify (consistent with the health status goals and national health objectives referred to in [section 701(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701/a&num=0&edition=prelim)) the need for— (A) preventive and primary care services for pregnant women, mothers, and infants up to age one; (B) preventive and primary care services for children; and (C) services for children with special health care needs (as specified in [section 701(a)(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701/a/1/D&num=0&edition=prelim)); (2) includes for each fiscal year— (A) a plan for meeting the needs identified by the statewide needs assessment under paragraph (1); and (B) a description of how the funds allotted to the State under [section 702(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section702/c&num=0&edition=prelim) will be used for the provision and coordination of services to carry out such plan that shall include— (i) subject to paragraph (3), a statement of the goals and objectives consistent with the health status goals and national health objectives referred to in [section 701(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701/a&num=0&edition=prelim) fo

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 705

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4701 — Method of payment; installments; advances or reimbursement; adjustments

Payments under this chapter may be made in installments, and in advance or by way of reimbursement, as the Office may determine, with necessary adjustments on account of overpayments or underpayments.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4701

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3027 — State plans

**(a) Criteria for eligibility; contents** Except as provided in the succeeding sentence and [section 3029(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3029/a&num=0&edition=prelim), each State, in order to be eligible for grants from its allotment under this subchapter for any fiscal year, shall submit to the Assistant Secretary a State plan for a two-, three-, or four-year period determined by the State agency, with such annual revisions as are necessary, which meets such criteria as the Assistant Secretary may by regulation prescribe. If the Assistant Secretary determines, in the discretion of the Assistant Secretary, that a State failed in 2 successive years to comply with the requirements under this subchapter, then the State shall submit to the Assistant Secretary a State plan for a 1-year period that meets such criteria, for subsequent years until the Assistant Secretary determines that the State is in compliance with such requirements. Each such plan shall comply with all of the following requirements: (1) The plan shall— (A) require each area agency on aging designated under [section 3025(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3025/a/2/A&num=0&edition=prelim) to develop and submit to the State agency for approval, in accordance with a uniform format developed by the State agency, an area plan meeting the requirements of [section 3026 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3026&num=0&edition=prelim); and (B) be based on such area plans. (2) The plan shall provide that the State agency will— (A) evaluate, using uniform procedures described in [section 3012(a)(26) of this title](https://uscode.h

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3027

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1161 — Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows

**(a) Short title** This section may be cited as the “Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows Program Act of 2008”. **(b) Definitions** In this subsection: 11 So in original. Probably should be “section:”. (1) **Director** — The term “Director” means the head of the Congressional Hunger Center. (2) **Fellow** — The term “fellow” means— (A) a Bill Emerson Hunger Fellow; or (B) Mickey Leland Hunger Fellow. (3) **Fellowship Programs** — The term “Fellowship Programs” means the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program established under subsection (c)(1). **(c) Fellowship Programs** (1) **In general** — There is established the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program. (2) **Purposes** (A) *In general* — The purposes of the Fellowship Programs are— (i) to encourage future leaders of the United States— (I) to pursue careers in humanitarian and public service; (II) to recognize the needs of low-income people and hungry people; (III) to provide assistance to people in need; and (IV) to seek public policy solutions to the challenges of hunger and poverty; (ii) to provide training and development opportunities for such leaders through placement in programs operated by appropriate organizations or entities; and (iii) to increase awareness of the importance of public service. (B) *Bill Emerson Hunger Fellowship Program* — The purpose of the Bill Emerson Hunger Fellowship Program is to address hunger and poverty in the United States. (C) *Mickey Leland Hunger Fellowship Program* — The purpose of the Mickey Leland Hunger Fellowship Program i

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 49 — United States Employment Service established

In order to promote the establishment and maintenance of a national system of public employment service offices, the United States Employment Service shall be established and maintained within the Department of Labor.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8701 — Geographically disadvantaged farmers and ranchers

**(a) Definitions** In this section: (1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim). (2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171). **(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c). **(c) Transportation** (1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year. (2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary. (3) **Amount** (A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying— (i) the amount of costs incurred by the geographically di

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8701

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 802 — Coronavirus State fiscal recovery fund

**(a) Appropriation** In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated— (1) $219,800,000,000, to remain available through December 31, 2024 (except as provided in subsection (c)(5)), for making payments under this section to States, territories, and Tribal governments to mitigate the fiscal effects stemming from the public health emergency with respect to the Coronavirus Disease (COVID–19); and (2) $50,000,000, to remain available until expended, for the costs of the Secretary for administration of the funds established under this subchapter. **(b) Authority to make payments** (1) **Payments to territories** (A) *In general* — The Secretary shall reserve $4,500,000,000 of the amount appropriated under subsection (a)(1) to make payments to the territories. (B) *Allocation* — Of the amount reserved under subparagraph (A)— (i) 50 percent of such amount shall be allocated by the Secretary equally to each territory; and (ii) 50 percent of such amount shall be allocated by the Secretary as an additional amount to each territory in an amount which bears the same proportion to ½ of the total amount reserved under subparagraph (A) as the population of the territory bears to the total population of all such territories. (C) *Payment* — The Secretary shall pay each territory the total of the amounts allocated for the territory under subparagraph (B) in accordance with paragraph (6). (2) **Payments to Tribal governments** (A) *In general* — The Secretary shall reserve $20,000,000,000 of the amount appropriated under subsection (a)(1) to make payments to Tribal governments. (B) *Allocation* — Of the amount reserved under subparagraph (A)— (i) $1,000,0

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 802

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1382 — Statement of purpose; authorization of appropriations

For the purpose of establishing a national program to provide supplemental security income to individuals who have attained age 65 or are blind or disabled, there are authorized to be appropriated sums sufficient to carry out this subchapter.

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