42 U.S.C. § 4702 — Administration of authorities

Page 6213 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4702 Editorial Notes AMENDMENTS 1987—Pub. L. 100–17 designated existing provisions as subsec. (a), substituted ‘‘an acquiring agency’’ for ‘‘a State agency’’ and ‘‘such acquiring agency’’ for ‘‘such State agency’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–17 effective on effective date provided in regulations promulgated under section 4633 of this title (as amended by section 412 of Pub. L. 100–17), but not later than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as a note under sec- tion 4601 of this title. CHAPTER 62—INTERGOVERNMENTAL PERSONNEL PROGRAM Sec. 4701. Congressional findings and declaration of pol- icy. 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. 4723. Local government programs and grants. 4724. Intergovernmental cooperation in recruiting and examining activities; potential employ- ees, certification; payments for costs; cred- its 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. SUBCHAPTER III—TRAINING AND DEVELOPING STATE AND LOCAL EMPLOYEES 4741. Declaration of purpose. 4742. Admission to Federal employee training pro- grams. 4743. Grants to State and local governments for training. 4744. Grants to other organizations. 4745. Government Service Fellowships. 4746. Coordination of Federal programs. SUBCHAPTER IV—GENERAL PROVISIONS 4761. Declaration of purpose. 4762. Definitions. 4763. General administrative provisions. 4764. Reporting and recordkeeping requirements for State or local governments and other organizations. 4765. Review and audit. 4766. Distribution of grants. 4767. Termination of grants. 4768. Advisory committees; appointment; com- pensation 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. § 4701. Congressional findings and declaration of policy 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 in- creasingly complex and interdependent society. That, since numerous governmental activities administered by the State and local govern- ments are related to national purpose and are fi- nanced in part by Federal funds, a national in- terest 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 develop- ment of systems of personnel administration consistent with such merit principles as— (1) recruiting, selecting, and advancing em- ployees on the basis of their relative ability, knowledge, and skills, including open consid- eration of qualified applicants for initial ap- pointment; (2) providing equitable and adequate com- pensation; (3) training employees, as needed, to assure high-quality performance; (4) retaining employees on the basis of the adequacy of their performance, correcting in- adequate performance, and separating employ- ees whose inadequate performance cannot be corrected; (5) assuring fair treatment of applicants and employees in all aspects of personnel adminis- tration 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 pur- poses and are prohibited from using their offi- cial authority for the purpose of interfering with or affecting the result of an election or a nomination for office. That Federal financial and technical assist- ance to State and local governments for strengthening their personnel administration in a manner consistent with these principles is in the national interest. (Pub. L. 91–648, § 2, Jan. 5, 1971, 84 Stat. 1909.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 91–648, § 1, Jan. 5, 1971, 84 Stat. 1909, provided: ‘‘That this Act [enacting this chapter and sections 3371 to 3376 of Title 5, Government Organization and Em- ployees, 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’.’’ § 4702. Administration of authorities The authorities provided by this chapter shall be administered in such manner as (1) to recog- nize fully the rights, powers, and responsibilities of State and local governments, and (2) to en- courage 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. (Pub. L. 91–648, § 3, Jan. 5, 1971, 84 Stat. 1909.) Page 6214 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 4711 to 4713 Editorial Notes 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, known as the Intergovernmental Personnel 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. SUBCHAPTER I—DEVELOPMENT OF POLICIES AND STANDARDS §§ 4711 to 4713. Omitted Editorial Notes CODIFICATION Section 4711, Pub. L. 91–648, title I, § 101, Jan. 5, 1971, 84 Stat. 1910, declared the purpose of this subchapter to provide intergovernmental cooperation in the develop- ment of policies and standards for the administration of programs authorized by this Act. Section 4712, Pub. L. 91–648, title I, § 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, com- pensation and travel expenses of the council and termi- nation of the council by the President at any time after the expiration of three years following its establish- ment, 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, § 103, Jan. 5, 1971, 84 Stat. 1910, which provided that the Council report to the President and Congress, from time to time, its rec- ommendations and findings, was omitted in view of the abolishment of the Council. SUBCHAPTER II—STRENGTHENING STATE AND LOCAL PERSONNEL ADMINISTRATION § 4721. Declaration of purpose The purpose of this subchapter is to assist State and local governments to strengthen their staffs by improving their personnel administra- tion. (Pub. L. 91–648, title II, § 201, Jan. 5, 1971, 84 Stat. 1911.) § 4722. State government and statewide programs and grants (a) Amount of grants; executive certification; sys- tems of personnel administration: innovation and diversity in design, execution, and man- agement The Office of Personnel Management (herein- after 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 con- tained within the State’s application are con- sistent with the applicable principles set forth in clauses (1)–(6) of the third paragraph of sec- tion 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 man- agement of their own systems of personnel ad- ministration. (b) Application; time of making; information; terms and conditions; personnel administra- tion improvement An application for a grant shall be made at such time or times, and contain such informa- tion, 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 of- fice that will have primary authority and re- sponsibility for the development and adminis- tration 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 sys- tems based on merit principles; (3) provides for specific personnel adminis- tration improvement needs of the State gov- ernment 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 govern- ment expenditures or the substitution of Fed- eral 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 cov- erage to meet the needs of urban, suburban, or rural governmental jurisdictions that are not able to provide sound career services, op- portunities for advancement, adequate re- tirement and leave systems, and other ca- reer inducements to well-qualified profes- sional, administrative, and technical per- sonnel; (B) making State grants to local govern- ments to strengthen their staffs by improv- ing their personnel administration; (C) assessment of State and local govern- ment needs for 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 recruit- ment and selection, training and develop- ment, and pay administration; (E) undertaking research and demonstra- tion projects to develop and apply better personnel administration techniques, includ- ing both projects conducted by State and local government staffs and projects con- ducted by colleges or universities or other appropriate nonprofit organizations under grants or contracts;