42 U.S.C. § 4725 — Technical assistance; waiver of payments

Page 6216 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4724 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 inter- est and will assist general local governments ex- periencing special problems in personnel admin- istration related to such programs or projects. (c) Gubernatorial review of application; dis- approval explanation 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 Gov- ernor for review, comments, and recommenda- tions. 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 govern- ments that it has considered the comments and recommendations of the Governor shall accom- pany the application to the Office. The applica- tion 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 re- view and comment for a period of sixty days without comment by the Governor. An expla- nation in writing shall be sent to the Governor of a State by the Office whenever the Office does not concur with recommendations of the Gov- ernor in approving any local government appli- cations. (Pub. L. 91–648, title II, § 203, Jan. 5, 1971, 84 Stat. 1912; 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), was in the original ‘‘this Act’’, meaning Pub. L. 91–648, Jan. 5, 1971, 84 Stat. 1909, known as the Intergovernmental Per- sonnel Act of 1970, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4701 of this title and Tables. 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. 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. § 4724. Intergovernmental cooperation in recruit- ing and examining activities; potential em- ployees, certification; payments for costs; credits to appropriation or fund for payment of expenses (a) The Office may join, on a shared-costs basis, with State and local governments in coop- erative 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, cer- tify to such governments from appropriate Fed- eral registers the names of potential employees. The State or local government making the re- quest shall pay the Office for the costs, as deter- mined by the Office, of performing the service, and such payments shall be credited to the ap- propriation or fund from which the expenses were or are to be paid. (Pub. L. 91–648, title II, § 204, Jan. 5, 1971, 84 Stat. 1914; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) 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. § 4725. Technical assistance; waiver of payments for costs; credits to appropriation or fund for payment of expenses The Office may furnish technical advice and assistance, on request, to State and general local governments seeking to improve their sys- tems 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. (Pub. L. 91–648, title II, § 205, Jan. 5, 1971, 84 Stat. 1914; 1978 Reorg. Plan. No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) 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. Page 6217 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4728 1 See References in Text note below. § 4726. Coordination of Federal programs The Office, after consultation with other agen- cies 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 strength- en local government personnel administration, including the furnishing of needed personnel administration services and technical assist- ance, under authority of this chapter with any such support given under other Federal pro- grams; 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 tech- nical assistance to local governments, as need- ed to avoid duplication and insure consistent administration of related Federal activities. (Pub. L. 91–648, title II, § 206, Jan. 5, 1971, 84 Stat. 1914; 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 par. (1), was in the origi- nal ‘‘this Act’’, meaning Pub. L. 91–648, Jan. 5, 1971, 84 Stat. 1909, known as the Intergovernmental Personnel Act of 1970, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 4701 of this title 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. § 4727. Interstate compacts 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 establish- ment of appropriate agencies) in connection with the development and administration of per- sonnel and training programs for employees and officials of State and local governments. (Pub. L. 91–648, title II, § 207, Jan. 5, 1971, 84 Stat. 1915.) § 4728. Transfer of functions (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 sec- tion 10(e)(2) of the Food and Nutrition Act of 2008 of 1964 (7 U.S.C. 2019(e)(2)); 1 (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 Serv- ices under— (A) sections 2674(a)(6) and 2684(a)(6) of this title; (B) section 3023(a)(6) of this title; (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 re- late to the prescription of personnel standards on a merit basis. (b) Standards for systems of personnel adminis- tration In accordance with regulations of the Office of Personnel Management, Federal agencies may require as a condition of participation in assist- ance programs, systems of personnel adminis- tration consistent with personnel standards pre- scribed 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 min- imize 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 pre- scribed 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 ad- ministration 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, allo- cations, and other funds of any Federal agency employed, used, held, available, or to be made available in connection with the functions, pow- ers, and duties vested in the Office by this sec-