42 U.S.C. § 4728 — Transfer of functions

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- Page 6218 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4728 tion as the Director of the Management and Budget shall determine shall be transferred to the Office at such time or times as the Director shall direct. (e) Modification or supersedure of personnel standards Personnel standards prescribed by Federal agencies under laws and regulations referred to in subsection (a) of this section shall continue in effect until modified or superseded by standards prescribed by the Office under subsection (a) of this section. (f) Systems of personnel administration; innova- tion and diversity in design, execution, and management Any standards or regulations established pur- suant to the provisions of this section shall be such as to encourage innovation and allow for diversity on the part of State and local govern- ments in the design, execution, and manage- ment of their own individual systems of per- sonnel administration. (g) Interpretation of certain provisions; limita- tion Nothing in this section or in section 4722 or 4723 of this title shall be construed to— (1) authorize any agency or official of the Federal Government to exercise any author- ity, direction, or control over the selection, assignment, advancement, retention, com- pensation, or other personnel action with re- spect to any individual State or local em- ployee; (2) authorize the application of personnel standards on a merit basis to the teaching per- sonnel of educational institutions or school systems; (3) prevent participation by employees or employee organizations in the formulation of policies and procedures affecting the condi- tions of their employment, subject to the laws and ordinances of the State or local govern- ment concerned; (4) require or request any State or local gov- ernment employee to disclose his race, reli- gion, or national origin, or the race, religion, or national origin, of any of his forebears; (5) require or request any State or local gov- ernment employee, or any person applying for employment as a State or local government employee, to submit to any interrogation or examination or to take any psychological test or any polygraph test which is designed to elicit from him information concerning his personal relationship with any person con- nected with him by blood or marriage, or con- cerning his religious beliefs or practices, or concerning his attitude or conduct with re- spect to sexual matters; or (6) require or request any State or local gov- ernment employee to participate in any way in any activities or undertakings unless such activities or undertakings are related to the performance of official duties to which he is or may be assigned or to the development of skills, knowledge, or abilities which qualify him for the performance of such duties. (h) Grants-in-aid; abolition of certain require- ments Effective one year after October 13, 1978, all statutory personnel requirements established as a condition of the receipt of Federal grants-in- aid by State and local governments are hereby abolished, except— (1) requirements prescribed under laws and regulations referred to in subsection (a) of this section; (2) requirements that generally prohibit dis- crimination in employment or require equal employment opportunity; (3) sections 3141–3144, 3146, and 3147 of title 40; and (4) chapter 15 of title 5, relating to political activities of certain State and local employ- ees. (Pub. L. 91–648, title II, § 208, Jan. 5, 1971, 84 Stat. 1915; Pub. L. 95–454, § 602(a)(2), (3), Oct. 13, 1978, 92 Stat. 1188, 1189; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 110–234, title IV, § 4002(b)(1)(C), (2)(CC), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(C), (2)(CC), June 18, 2008, 122 Stat. 1664, 1857, 1859.) Editorial Notes REFERENCES IN TEXT Section 10(e)(2) of the Food and Nutrition Act of 2008 of 1964 (7 U.S.C. 2019(e)(2)), referred to in subsec. (a)(1), was a reference to section 10(e)(2) of the Food Stamp Act of 1964 prior to the amendment by Pub. L. 110–246 which substituted ‘‘Food and Nutrition Act of 2008’’ for ‘‘Food Stamp Act’’. See 2008 Amendment note below. Section 10 of the Food Stamp Act of 1964, which was classified to section 2019 of Title 7, Agriculture, was amended generally by Pub. L. 95–113, § 1301, Sept. 29, 1977, 91 Stat. 969, and the provisions formerly contained in section 2019(e)(2) were covered by section 2020(e)(6) of Title 7. Act of June 6, 1933, as amended, referred to in subsec. (a)(2)(A), is act June 6, 1933, ch. 49, 48 Stat. 113, known as the ‘‘Wagner-Peyser Act’’, which is classified gen- erally to chapter 4B (§ 49 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 49 of Title 29 and Tables. Sections 2674(a)(6) and 2684(a)(6) of this title, referred to in subsec. (a)(3)(A), was in the original a reference to sections 134(a)(6) and 204(a)(6) of the Mental Retarda- tion Facilities and Community Mental Health Centers Construction Act of 1963. Section 134 of the Act was re- numbered ‘‘133’’ and amended by Pub. L. 94–103, and is classified to section 6063 of this title. Provisions relat- ing to personnel standards on a merit basis appeared in section 6063(b)(7) of this title, and were subsequently deleted in a general amendment of subsec. (b). Title II of the Act was amended generally by Pub. L. 94–63, and provisions relating to personnel standards on a merit basis appeared in section 237(a)(1)(D) of the Act, which was classified to section 2689t(a)(1)(D) of this title. Sec- tion 2689t was repealed by Pub. L. 97–35, title IX, § 902(e)(2)(B), Aug. 13, 1981, 95 Stat. 560. Section 3023(a)(6) of this title, referred to in subsec. (a)(3)(B), was in the original a reference to section 303(a)(6) of the Older Americans Act of 1965. Section 301 of Pub. L. 93–29 amended the Older Americans Act of 1965 by striking out title III and inserting in lieu there- of a new title III. Provisions relating to personnel standards on a merit basis appeared in section 305(a)(2) of the Act, which was classified to section 3025(a)(2) of this title prior to the general revision and reorganiza- Page 6219 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4742 tion of title III by Pub. L. 95–478, § 103(b). Provisions similar to those comprising section 3025 of this title are contained in section 3027 of this title. Section 246(d) of this title, referred to in subsec. (a)(3)(C), was repealed by Pub. L. 97–35, title IX, § 902(b), Aug. 13, 1981, 95 Stat. 559. Section 602 of this title, referred to in subsec. (a)(3)(D), was repealed and a new section 602 enacted by Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so enacted, no longer contains a subsec. (a)(5)(A). Section 705 of this title, referred to in subsec. (a)(3)(D), was amended by Pub. L. 97–35, title XXI, § 2192(a), Aug. 13, 1981, 95 Stat. 822, and, as so amended, did not contain a subsec. (a). Section 705 was subse- quently amended by Pub. L. 101–239, title VI, § 6503(b)(2), (4), Dec. 19, 1989, 103 Stat. 2276, which in- serted a subsec. ‘‘(a)’’ designation at the beginning of the section and added a par. (3) to subsec. (a). Section 1382(a)(5)(A) of this title, referred to in sub- sec. (a)(3)(D), was in the original a reference to section 1602(a)(5)(A) of the Social Security Act. Title XVI of the Social Security Act (section 1381 et seq. of this title) was amended generally by Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1465, and the provisions for- merly contained in section 1382 of this title appeared in section 602 of the Act, which was classified to section 802 of this title, and was repealed by Pub. L. 93–647, § 3(b), Jan. 4, 1975, 88 Stat. 2349. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. In subsec. (h)(3), ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Davis-Bacon Act (40 U.S.C. 276 et seq.)’’, meaning 40 U.S.C. 276a et seq., on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. AMENDMENTS 2008—Pub. L. 110–246, § 4002(b)(1)(C), (2)(CC), sub- stituted ‘‘Food and Nutrition Act of 2008’’ for ‘‘Food Stamp Act’’. 1978—Subsecs. (b) to (h). Pub. L. 95–454 added subsec. (b), redesignated former subsecs. (b) to (g) as (c) to (h), respectively, and in subsec. (h), as so redesignated, sub- stituted provisions respecting abolition of certain re- quirements respecting grants-in-aid, for provisions set- ting forth effective date of this section as 60 days after Jan. 5, 1971. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsec. (a)(3) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(C), (2)(CC) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. 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 Commission, in subsecs. (a) and (c) to (e) 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 func- tions 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 III—TRAINING AND DEVEL- OPING STATE AND LOCAL EMPLOYEES § 4741. Declaration of purpose The purpose of this subchapter is to strength- en the training and development of State and local government employees and officials, par- ticularly in professional, administrative, and technical fields. (Pub. L. 91–648, title III, § 301, Jan. 5, 1971, 84 Stat. 1916.) § 4742. Admission to Federal employee training programs (a) State and local government officers and em- ployees In accordance with such conditions as may be prescribed by the head of the Federal agency concerned, a Federal agency may admit State and local government employees and officials to agency training programs established for Fed- eral professional, administrative, or technical personnel. (b) Waiver of payments for training costs Federal agencies may waive, in whole or in part, payments from, or on behalf of, State and local governments for the costs of training pro- vided under this section. Payments received by the Federal agency concerned for training under this section shall be credited to the appropria- tion or fund used for paying the training costs. (c) Initial costs; reimbursement of other Federal agencies The Office may use appropriations authorized by this chapter to pay the initial additional de- velopmental or overhead costs that are incurred by reason of admittance of State and local gov- ernment employees to Federal training courses and to reimburse other Federal agencies for such costs. (Pub. L. 91–648, title III, § 302, Jan. 5, 1971, 84 Stat. 1916; 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. (c), 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 enacted this chapter and sec-