42 U.S.C. § 4762 — Definitions

Page 6223 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4762 quently Pub. L. 99–498 extensively revised title IX re- lating to graduate programs. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. Executive Documents 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, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under sec- tion 1101 of Title 5, Government Organization and Em- ployees, 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. SUBCHAPTER IV—GENERAL PROVISIONS § 4761. Declaration of purpose The purpose of this subchapter is to provide for the general administration of subchapters I, II, III, and IV of this chapter (hereinafter re- ferred to as ‘‘this chapter’’), and to provide for the establishment of certain advisory commit- tees. (Pub. L. 91–648, title V, § 501, Jan. 5, 1971, 84 Stat. 1925.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title V of Pub. L. 91–648. See below. Subchapters I, II, III, and IV of this chapter, referred to in text, was in the original ‘‘titles I, II, III, and V of this Act’’, meaning Pub. L. 91–648, Jan. 5, 1971, 84 Stat. 1909. Titles I, II, and III of the Act are classified gen- erally to subchapters I (§ 4701 et seq.), II (§ 4721 et seq.), and III (§ 4741 et seq.), respectively, of this chapter. Title V of the Act is classified principally to this sub- chapter. For complete classification of titles I to III and V to the Code, see Tables. § 4762. Definitions For the purpose of this chapter— (1) ‘‘Office’’ means the Office of Personnel Management; (2) ‘‘Federal agency’’ means an executive de- partment, military department, independent establishment, or agency in the executive branch of the Government of the United States, including Government owned or con- trolled corporations; (3) ‘‘State’’ means a State of the United States, the District of Columbia, the Common- wealth of Puerto Rico, the Trust Territory of the Pacific Islands, and a territory or posses- sion of the United States, and includes inter- state and Federal-interstate agencies but does not include the governments of the political subdivisions of a State; (4) ‘‘local government’’ means a city, town, county, or other subdivision or district of a State, including agencies, instrumentalities, and authorities of any of the foregoing and any combination of such units or combination of such units and a State. A ‘‘general local government’’ means a city, town, county, or comparable general-purpose political subdivi- sion of a State; and (5) Notwithstanding the population require- ments of sections 4723(a) and 4743(c) of this title, a ‘‘local government’’ and a ‘‘general local government’’ also mean the recognized governing body of an Indian tribe, band, pueb- lo, or other organized group or community, in- cluding any Alaska Native village, as defined in the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which per- forms substantial governmental functions. The requirements of sections 4723(c) and 4743(d) of this title, relating to reviews by the Governor of a State, do not apply to grant ap- plications from the governing body of an In- dian tribe, although nothing in this chapter is intended to discourage or prohibit voluntary communication and cooperation between In- dian tribes and State and local governments. (Pub. L. 91–648, title V, § 502, Jan. 5, 1971, 84 Stat. 1925; Pub. L. 93–638, title I, § 104(d), formerly § 105(d), Jan. 4, 1975, 88 Stat. 2208, renumbered § 104(d), Pub. L. 100–472, title II, § 203(a), Oct. 5, 1988, 102 Stat. 2290; Pub. L. 95–454, title VI, § 602(d), Oct. 13, 1978, 92 Stat. 1189; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, means the provi- sions of subchapters I, II, III, and IV of this chapter. See section 4761 of this title. The Alaska Native Claims Settlement Act, referred to in par. (5), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. AMENDMENTS 1978—Par. (3). Pub. L. 95–454 inserted reference to Trust Territory of the Pacific Islands. 1975—Par. (5). Pub. L. 93–638 added par. (5). Statutory Notes and Related Subsidiaries 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 Orga- nization and Employees. Executive Documents TRANSFER OF FUNCTIONS ‘‘Office’’ and ‘‘Office of Personnel Management’’ sub- stituted for ‘‘Commission’’ and ‘‘Civil Service Commis- sion’’, respectively, in par. (1), pursuant to Reorg. Plan No. 2 of 1978, § 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 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. TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. Page 6224 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4763 § 4763. General administrative provisions (a) Administration by Office Unless otherwise specifically provided, the Of- fice shall administer this chapter. (b) Advice and assistance The Office shall furnish such advice and assist- ance to State and local governments as may be necessary to carry out the purposes of this chap- ter. (c) Regulations and standards; contracts: modi- fication, covenants, conditions, and provi- sions; utilization of other agencies In the performance of, and with respect to, the functions, powers, and duties vested in it by this chapter, the Office may— (1) issue such standards and regulations as may be necessary to carry out the purposes of this chapter; (2) consent to the modification of any con- tract entered into pursuant to this chapter, such consent being subject to any specific lim- itations of this chapter; (3) include in any contract made pursuant to this chapter such covenants, conditions, or provisions as it deems necessary to assure that the purposes of this chapter will be achieved; and (4) utilize the services and facilities of any Federal agency, any State or local govern- ment, and any other public or nonprofit agen- cy or institution, on a reimbursable basis or otherwise, in accordance with agreements be- tween the Office and the head thereof. (d) Information: collection and availability; re- search and evaluation; administration re- port; coordination of Federal programs In the performance of, and with respect to the functions, powers, and duties vested in it by this chapter, the Office— (1) may collect information from time to time with respect to State and local govern- ment training programs and personnel admin- istration improvement programs and projects under this chapter, and make such informa- tion available to interested groups, organiza- tions, or agencies, public or private; (2) may conduct such research and make such evaluation as needed for the efficient ad- ministration of this chapter; (3) shall include in its annual report a report of the administration of this chapter; and (4) shall make such arrangements as may be necessary to avoid duplication of programs providing for training and to insure consistent administration of the related Federal training activities, with particular regard to title I of the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.]. (e) Additional authority The provisions of this chapter are not a limi- tation on existing authorities under other stat- utes but are in addition to any such authorities, unless otherwise specifically provided in this chapter. (Pub. L. 91–648, title V, § 503, Jan. 5, 1971, 84 Stat. 1926; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, means the provi- sions of subchapters I, II, III, and IV of this chapter. See section 4761 of this title. The Higher Education Act of 1965, referred to in sub- sec. (d)(4), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title I of the Higher Education Act of 1965 is classified generally to subchapter I (§ 1001 et seq.) of chapter 28 of Title 20, Education. Title I as originally enacted by Pub. L. 89–329 related to community service and con- tinuing education programs. Title I was amended gen- erally by Pub. L. 96–374, Pub. L. 99–498, Pub. L. 102–325, and Pub. L. 105–244, and now contains general provi- sions. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. Executive Documents TRANSFER OF FUNCTIONS ‘‘Office’’, meaning Office of Personnel Management, substituted for ‘‘Commission’’, meaning Civil Service Commission, in subsecs. (a) to (d) pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organiza- tion 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. § 4764. Reporting and recordkeeping require- ments for State or local governments and other organizations (a) A State or local government office des- ignated to administer a program or project under this chapter shall make reports and eval- uations in such form, at such times, and con- taining such information concerning the status and application of Federal funds and the oper- ation of the approved program or project as the Office may require, and shall keep and make available such records as may be required by the Office for the verification of such reports and evaluations. (b) An organization which receives a training grant under section 4744 of this title shall make reports and evaluations in such form, at such times, and containing such information con- cerning the status and application of Federal grant funds and the operation of the training program as the Office may require, and shall keep and make available such records as may be required by the Office for the verification of such reports and evaluations. (Pub. L. 91–648, title V, § 504, Jan. 5, 1971, 84 Stat. 1926; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), means the provisions of subchapters I, II, III, and IV of this chap- ter. See section 4761 of this title. Executive Documents TRANSFER OF FUNCTIONS ‘‘Office’’, meaning Office of Personnel Management, substituted in text for ‘‘Commission’’, meaning Civil