42 U.S.C. § 4744 — Grants to other organizations

Page 6221 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4744 administer such a statewide plan, and to pro- vide technical assistance and other appro- priate support in carrying out the local com- ponents of the plan, and which provides proce- dures insuring adequate involvement of offi- cials of affected local governments in the de- velopment and administration of such a state- wide plan, unless the local government con- cerned has special, unique, or urgent problems which are not met by the approved statewide plan and for which it submits an application for funds to be distributed under section 4766(a) of this title. Upon the request of a Governor or chief execu- tive authority, a grant to a general local gov- ernment or combination of such governments in that State may not be made during a period not to exceed ninety days commencing with the date provided in section 4772 of this title, or the date on which official regulations for this chapter are promulgated, whichever date is later: Provided, That the request of the Governor or chief execu- tive authority indicates that he is developing a plan under (1) above, or during a period not to exceed one hundred and eighty days com- mencing with the date provided in section 4772 of this title, or the date on which official regula- tions for this chapter are promulgated, which- ever date is later, provided the request of the Governor or chief executive authority indicates that he is developing a statewide plan under (2) above. To be approved, an application for a grant under this subsection must meet require- ments similar to those established in subsection (b) of this section for State applications, unless any such requirement is specifically waived by the Office, and the requirements of subsection (d) of this section. The Office may make grants to general local governments, or combinations of such governments that serve a population of less than fifty thousand if it finds that such grants will help meet essential needs in pro- grams or projects of national interest and will assist general local governments experiencing special needs for personnel training and edu- cation related to such programs or projects. (d) Gubernatorial review of application; dis- approval explanation An application to be submitted to the Office under subsection (c) of this section shall first be submitted by the general local government or combination of such governments to the Gov- ernor for review, comments, and recommenda- tions. The Governor may refer the application to the State office designated under subsection (b)(1) of this section for review. Comments and recommendations (if any) made as a result of the review and a statement by the general local government or combination of such govern- ments that it has considered the comments and recommendations of the Governor shall accom- pany the application to the Office. The applica- tion need not be accompanied by the comments and recommendations of the Governor if the general local government or combination of such governments certifies to the Office that the application has been before the Governor for re- view and comment for a period of sixty days without comment by the Governor. An expla- nation in writing shall be sent to the Governor of a State by the Office whenever the Office does not concur with recommendations of the Gov- ernor in approving any local government appli- cations. (Pub. L. 91–648, title III, § 303, Jan. 5, 1971, 84 Stat. 1917; 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) and (c), 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. For effective date of the grant provisions of this chapter, referred to in subsecs. (a) and (c), 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 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. § 4744. Grants to other organizations (a) Amount of grants; conditions The Office is authorized to make grants to other organizations to pay 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, up to 50 per centum) of the costs of pro- viding training to professional, administrative, or technical employees and officials of State or local governments if the Office— (1) finds that State or local governments have requested the proposed program; (2) determines that the capability to provide such training does not exist, or is not readily available, within the Federal or the State or local governments requesting such program or within associations of State or local govern- ments, or if such capability does exist that such government or association is not dis- posed to provide such training; and (3) approves the program as meeting such re- quirements as may be prescribed by the Office in its regulations pursuant to this chapter. (b) ‘‘Other organization’’ defined For the purpose of this section ‘‘other organi- zation’’ means— (1) a national, regional, statewide, areawide, or metropolitan organization, representing member State or local governments; (2) an association of State or local public of- ficials; or (3) a nonprofit organization one of whose principal functions is to offer professional ad- visory, research, development, educational or related services to governments. 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-