§4722 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Office of Personnel Management can give states grants to pay part of the cost of creating and running programs that improve how state and local governments manage their workers. For most years the federal share can be up to 75% of the costs, but for fiscal years that start after three years from the effective date of these grant rules the federal share can be up to 50%. The Governor must certify that the proposed programs follow certain principles in section 4701. Grants should promote new ideas and let states and local governments design and run their own systems. States must apply to OPM when and with the information OPM requires. To get a grant, the application must name a state office (designated by the Governor or chief executive) to run the project; promise to set up or improve merit-based personnel systems; describe the state and, where appropriate, local personnel needs and services; assure federal funds will not replace state or local spending; and list clear, practical steps to improve personnel work. Those steps can include creating statewide systems, making state grants to local governments, assessing manpower needs, improving hiring, training and pay systems, funding research or demonstration projects (including with colleges or nonprofits), strengthening hiring of people with disabilities, women, and disadvantaged groups, training to help workers move up, using scarce professionals better, and increasing cooperation among governments on hiring, testing, pay studies, training, staff exchanges, manpower use, and benefits.

Title 42, §4722

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Office of Personnel Management (hereinafter referred to as the “Office”) is authorized to make grants to a State for 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, for up to 50 per centum) of the costs of developing and carrying out programs or projects, on the certification of the Governor of that State that the programs or projects contained within the State’s application are consistent with the applicable principles set forth in clauses (1)–(6) of the third paragraph of section 4701 of this title, to strengthen personnel administration in that State government or in local governments of that State. The authority provided by this section shall be employed in such a manner as to encourage innovation and allow for diversity on the part of State and local governments in the design, execution, and management of their own systems of personnel administration.

(b)An application for a grant shall be made at such time or times, and contain such information, as the Office may prescribe. The Office may make a grant under subsection (a) of this section only if the application therefor—

(1)provides for designation, by the Governor or chief executive authority, of the State office that will have primary authority and responsibility for the development and administration of the approved program or project at the State level;

(2)provides for the establishment of merit personnel administration where appropriate and the further improvement of existing systems based on merit principles;

(3)provides for specific personnel administration improvement needs of the State government and, to the extent appropriate, of the local governments in that State, including State personnel administration services for local governments;

(4)provides assurance that the making of a Federal Government grant will not result in a reduction in relevant State or local government expenditures or the substitution of Federal funds for State or local funds previously made available for these purposes; and

(5)sets forth clear and practicable actions for the improvement of particular aspects of personnel administration such as—

(A)establishment of statewide personnel systems of general or special functional coverage to meet the needs of urban, suburban, or rural governmental jurisdictions that are not able to provide sound career services, opportunities for advancement, adequate retirement and leave systems, and other career inducements to well-qualified professional, administrative, and technical personnel;

(B)making State grants to local governments to strengthen their staffs by improving their personnel administration;

(C)assessment of State and local government needs for professional, administrative, and technical manpower, and the initiation of timely and appropriate action to meet such needs;

(D)strengthening one or more major areas of personnel administration, such as recruitment and selection, training and development, and pay administration;

(E)undertaking research and demonstration projects to develop and apply better personnel administration techniques, including both projects conducted by State and local government staffs and projects conducted by colleges or universities or other appropriate nonprofit organizations under grants or contracts;

(F)strengthening the recruitment, selection, assignment, and development of handicapped persons, women, and members of disadvantaged groups whose capacities are not being utilized fully;

(G)training programs related directly to upgrading within the agency for nonprofessional employees who show promise of developing a capacity for assuming professional responsibility;

(H)achieving the most effective use of scarce professional, administrative, and technical manpower; and

(I)increasing intergovernmental cooperation in personnel administration, with respect to such matters as recruiting, examining, pay studies, training, education, personnel interchange, manpower utilization, and fringe benefits.

Notes & Related Subsidiaries

Editorial Notes

References in Text

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. 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 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.

Executive Documents

Transfer of Functions

“Office of Personnel Management” and “Office” substituted in text for “United States Civil Service Commission” and “Commission”, respectively, 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 United States 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.

§4722 State government and statewide programs and grants