42 U.S.C. § 4766 — Distribution of grants

Page 6225 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4766 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. § 4765. Review and audit The Office, the head of the Federal agency concerned, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the pur- pose of audit and examination, to any books, documents, papers, and records of a grant recipi- ent that are pertinent to the grant received. (Pub. L. 91–648, title V, § 505, Jan. 5, 1971, 84 Stat. 1927; 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. § 4766. Distribution of grants (a) State and local government allocations; equi- table distribution The Office shall allocate 20 per centum of the total amount available for grants under this chapter in such manner as will most nearly pro- vide an equitable distribution of the grants among States and between State and local gov- ernments, taking into consideration such fac- tors as the size of the population, number of em- ployees affected, the urgency of the programs or projects, the need for funds to carry out the pur- poses of this chapter, and the potential of the governmental jurisdictions concerned to use the funds most effectively. (b) Weighted formula; minimum allocation; re- allocation; ‘‘State’’ defined (1) The Office shall allocate 80 per centum of the total amount available for grants under this chapter among the States on a weighted formula taking into consideration such factors as the size of population and the number of State and local government employees affected. (2) The amount allocated for each State under paragraph (1) of this subsection shall be further allocated by the Office to meet the needs of both the State government and the local govern- ments within the State on a weighted formula taking into consideration such factors as the number of State and local government employ- ees and the amount of State and local govern- ment expenditures. The Office shall determine the categories of employees and expenditures to be included or excluded, as the case may be, in the number of employees and amount of expend- itures. The minimum allocation for meeting needs of local governments in each State (other than the District of Columbia, the Common- wealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands) shall be 50 per centum of the amount allocated for the State under para- graph (1) of this subsection. (3) The amount of any allocation under para- graph (2) of this subsection which the Office de- termines, on the basis of information available to it, will not be used to meet needs for which allocated shall be available for use to meet the needs of the State government or local govern- ments in that State, as the case may be, on such date or dates as the Office may fix. (4) The amount allocated for any State under paragraph (1) of this subsection which the Office determines, on the basis of information avail- able to it, will not be used shall be available for reallocation by the Office from time to time, on such date or dates as it may fix, among other States with respect to which such a determina- tion has not been made, in accordance with the formula set forth in paragraph (1) of this sub- section, but with such amount for any of such other States being reduced to the extent it ex- ceeds the sum the Office estimates said State needs and will be able to use; and the total of such reductions shall be similarly reallocated among the States whose proportionate amounts were not so reduced. (5) For the purposes of this subsection, ‘‘State’’ means the several States of the United States, the District of Columbia, the Common- wealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands. (c) Payment limitation Notwithstanding the other provisions of this section, the total of the payments from the ap- propriations for any fiscal year under this chap- ter made with respect to programs or projects in any one State may not exceed an amount equal to 121⁄2 per centum of such appropriation. (Pub. L. 91–648, title V, § 506, Jan. 5, 1971, 84 Stat. 1927; Pub. L. 95–454, title VI, § 602(e), 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 subsecs. (a), (b)(1), and (c), means the provisions of subchapters I, II, III, and IV of this chapter. See section 4761 of this title. AMENDMENTS 1978—Subsec. (b)(2), (5). Pub. L. 95–454 inserted ref- erences to Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands. 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’’, meaning Office of Personnel Management, substituted for ‘‘Commission’’, meaning Civil Service Page 6226 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4767 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. § 4767. Termination of grants Whenever the Office, after giving reasonable notice and opportunity for hearing to the State or general local government concerned, finds— (1) that a program or project has been so changed that it no longer complies with the provisions of this chapter; or (2) that in the operation of the program or project there is a failure to comply substan- tially with any such provision; the Office shall notify the State or general local government of its findings and no further pay- ments may be made to such government by the Office until it is satisfied that such noncompli- ance has been, or will promptly be, corrected. However, the Office may authorize the continu- ance of payments to those projects approved under this chapter which are not involved in the noncompliance. (Pub. L. 91–648, title V, § 507, Jan. 5, 1971, 84 Stat. 1928; 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. 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. § 4768. Advisory committees; appointment; com- pensation and travel expenses (a) The Office may appoint, without regard to the provisions of title 5 governing appointments in the competitive service, such advisory com- mittee or committees as it may determine to be necessary to facilitate the administration of this chapter. (b) Members of advisory committees who are not regular full-time employees of the United States, while serving on the business of the com- mittees including traveltime may receive com- pensation at rates not exceeding the daily rate for GS–18; and while so serving away from their homes or regular places of business may be al- lowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for individuals in the Government service employed intermittently. (Pub. L. 91–648, title V, § 508, Jan. 5, 1971, 84 Stat. 1928; 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. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. 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. § 4769. Authorization of appropriations There are authorized to be appropriated, with- out fiscal year limitation, such sums as may be necessary to carry out the programs authorized by this chapter. (Pub. L. 91–648, title V, § 509, Jan. 5, 1971, 84 Stat. 1928.) 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.