42 U.S.C. § 4764 — Reporting and recordkeeping require-

Page 6224 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4763 § 4763. General administrative provisions (a) Administration by Office Unless otherwise specifically provided, the Of- fice shall administer this chapter. (b) Advice and assistance The Office shall furnish such advice and assist- ance to State and local governments as may be necessary to carry out the purposes of this chap- ter. (c) Regulations and standards; contracts: modi- fication, covenants, conditions, and provi- sions; utilization of other agencies In the performance of, and with respect to, the functions, powers, and duties vested in it by this chapter, the Office may— (1) issue such standards and regulations as may be necessary to carry out the purposes of this chapter; (2) consent to the modification of any con- tract entered into pursuant to this chapter, such consent being subject to any specific lim- itations of this chapter; (3) include in any contract made pursuant to this chapter such covenants, conditions, or provisions as it deems necessary to assure that the purposes of this chapter will be achieved; and (4) utilize the services and facilities of any Federal agency, any State or local govern- ment, and any other public or nonprofit agen- cy or institution, on a reimbursable basis or otherwise, in accordance with agreements be- tween the Office and the head thereof. (d) Information: collection and availability; re- search and evaluation; administration re- port; coordination of Federal programs In the performance of, and with respect to the functions, powers, and duties vested in it by this chapter, the Office— (1) may collect information from time to time with respect to State and local govern- ment training programs and personnel admin- istration improvement programs and projects under this chapter, and make such informa- tion available to interested groups, organiza- tions, or agencies, public or private; (2) may conduct such research and make such evaluation as needed for the efficient ad- ministration of this chapter; (3) shall include in its annual report a report of the administration of this chapter; and (4) shall make such arrangements as may be necessary to avoid duplication of programs providing for training and to insure consistent administration of the related Federal training activities, with particular regard to title I of the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.]. (e) Additional authority The provisions of this chapter are not a limi- tation on existing authorities under other stat- utes but are in addition to any such authorities, unless otherwise specifically provided in this chapter. (Pub. L. 91–648, title V, § 503, Jan. 5, 1971, 84 Stat. 1926; 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 Higher Education Act of 1965, referred to in sub- sec. (d)(4), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title I of the Higher Education Act of 1965 is classified generally to subchapter I (§ 1001 et seq.) of chapter 28 of Title 20, Education. Title I as originally enacted by Pub. L. 89–329 related to community service and con- tinuing education programs. Title I was amended gen- erally by Pub. L. 96–374, Pub. L. 99–498, Pub. L. 102–325, and Pub. L. 105–244, and now contains general provi- sions. For complete classification 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 for ‘‘Commission’’, meaning Civil Service Commission, in subsecs. (a) to (d) 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. § 4764. Reporting and recordkeeping require- ments for State or local governments and other organizations (a) A State or local government office des- ignated to administer a program or project under this chapter shall make reports and eval- uations in such form, at such times, and con- taining such information concerning the status and application of Federal funds and the oper- ation of the approved program or project as the Office may require, and shall keep and make available such records as may be required by the Office for the verification of such reports and evaluations. (b) An organization which receives a training grant under section 4744 of this title shall make reports and evaluations in such form, at such times, and containing such information con- cerning the status and application of Federal grant funds and the operation of the training program as the Office may require, and shall keep and make available such records as may be required by the Office for the verification of such reports and evaluations. (Pub. L. 91–648, title V, § 504, Jan. 5, 1971, 84 Stat. 1926; 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. Executive Documents TRANSFER OF FUNCTIONS ‘‘Office’’, meaning Office of Personnel Management, substituted in text for ‘‘Commission’’, meaning Civil 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