42 U.S.C. § 4746 — Coordination of Federal programs

Page 6222 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4745 (Pub. L. 91–648, title III, § 304, Jan. 5, 1971, 84 Stat. 1919; 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 for ‘‘Commission’’, meaning Civil Service Commission, in subsec. (a) 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 functions vested by stat- ute in Civil Service Commission and Chairman thereof to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as pro- vided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. § 4745. Government Service Fellowships (a) Diverse payments The Office is authorized to make grants to State and general local governments to support programs approved by the Office for providing Government Service Fellowships for State and local government personnel. The grants may cover— (1) the necessary costs of the fellowship re- cipient’s books, travel, and transportation, and such related expenses as may be author- ized by the Office; (2) reimbursement to the State or local gov- ernment for not to exceed one-fourth of the salary of each fellow during the period of the fellowship; and (3) payment to the educational institutions involved of such amounts as the Office deter- mines to be consistent with prevailing prac- tices under comparable federally supported programs for each fellow, less any amount charged the fellow for tuition and nonrefund- able fees and deposits. (b) Period of fellowships; eligibility criteria Fellowships awarded under this section may not exceed two years of full-time graduate-level study for professional, administrative, and tech- nical employees. The regulations of the Office shall include eligibility criteria for the selection of fellowship recipients by State and local gov- ernments. (c) Selection of fellows; continuation of salary and employment benefits; public service plans upon completion of study: outline of plans in application for grant The State or local government concerned shall— (1) select the individual recipients of the fel- lowships; (2) during the period of the fellowship, con- tinue the full salary of the recipient and nor- mal employment benefits such as credit for se- niority, leave accrual, retirement, and insur- ance; and (3) make appropriate plans for the utiliza- tion and continuation in public service of em- ployees completing fellowships and outline such plans in the application for the grant. (Pub. L. 91–648, title III, § 305, Jan. 5, 1971, 84 Stat. 1919; 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 for ‘‘Commission’’, meaning Civil Service Commission, in subsecs. (a) and (b) 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. § 4746. Coordination of Federal programs The Office, after consultation with other agen- cies concerned, shall— (1) prescribe regulations concerning adminis- tration of training for employees and officials of State and local governments provided for in this subchapter, including requirements for coordination of and reasonable consistency in such training programs; (2) coordinate the training support given to State and local governments under authority of this chapter with training support given such governments under other Federal pro- grams; and (3) make such arrangements, including the collection and maintenance of data on train- ing grants and programs, as may be necessary to avoid duplication of programs providing for training and to insure consistent administra- tion of related Federal training activities, with particular regard to title IX of the Higher Education Act of 1965. (Pub. L. 91–648, title III, § 306, Jan. 5, 1971, 84 Stat. 1920; 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. (2), 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. The Higher Education Act of 1965, referred to in par. (3), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title IX of the Act was classified generally to subchapter IX (§ 1134 et seq.) of chapter 28 of Title 20, Education, prior to repeal by Pub. L. 105–244, title VII, § 702, Oct. 7, 1998, 112 Stat. 1803. Title IX as originally added by Pub. L. 89–329 related to education for the public service. Pub. L. 92–318 struck out title IX and inserted in lieu thereof a new title IX relating to graduate programs. Subse- 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.