42 U.S.C. § 4763: General administrative…

Summary

The Office must run the programs covered by this chapter unless another law says otherwise. It must give states and local governments the advice and help they need to carry out those programs. The Office can make rules to implement the chapter, agree to change contracts made under it (within any limits the chapter sets), add terms to contracts it needs to meet the chapter’s goals, and use services and facilities of federal, state, local, public, or nonprofit agencies under agreements, including on a reimbursable basis. The Office can collect and share information about state and local training and personnel programs, do research and evaluations needed for good administration, and must report on administration of the chapter in its annual report. It must try to avoid duplicating training programs and coordinate related federal training activities, especially with title I of the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.]. The chapter’s provisions add to any other legal authorities the Office already has, unless the chapter says otherwise.

Title 42, §4763

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

(a)Administration by Office

Unless otherwise specifically provided, the Office shall administer this chapter.

(b)Advice and assistance

The Office shall furnish such advice and assistance to State and local governments as may be necessary to carry out the purposes of this chapter.

(c)Regulations and standards; contracts: modification, covenants, conditions, and provisions; 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 contract entered into pursuant to this chapter, such consent being subject to any specific limitations 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 government, and any other public or nonprofit agency or institution, on a reimbursable basis or otherwise, in accordance with agreements between the Office and the head thereof.

(d)Information: collection and availability; research and evaluation; administration report; 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 government training programs and personnel administration improvement programs and projects under this chapter, and make such information available to interested groups, organizations, or agencies, public or private;

(2)may conduct such research and make such evaluation as needed for the efficient administration 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 limitation on existing authorities under other statutes but are in addition to any such authorities, unless otherwise specifically provided in this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, means the provisions 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 subsec. (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 continuing education programs. Title I was amended generally by Pub. L. 96–374, Pub. L. 99–498, Pub. L. 102–325, and Pub. L. 105–244, and now contains general provisions. 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 Organization 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.

§4763 General Administrative Provisions