
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4723]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 62--INTERGOVERNMENTAL PERSONNEL PROGRAM
 
  SUBCHAPTER II--STRENGTHENING STATE AND LOCAL PERSONNEL ADMINISTRATION
 
Sec. 4723. Local government programs and grants


(a) Population served; amount of grants; executive certification; State 
        grant, conditions

    The Office is authorized to make grants to a general local 
government, or a combination of general local governments, that serve a 
population of fifty thousand or more, 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 mayor(s), or chief 
executive officer(s), of the general local government or combination of 
local governments that the programs or projects are consistent with the 
applicable principles set forth in clauses (1)-(6) of the third 
paragraph of section 4701 of this title, to strengthen the personnel 
administration of such governments. Such a grant may not be made--
        (1) if, at the time of submission of an application, the State 
    concerned has an approved plan which, with the agreement of the 
    particular local government concerned, provides for strengthening 
    one or more aspects of personnel administration in that local 
    government, unless the local government concerned has problems which 
    are not met by the previously approved plan and for which, with the 
    agreement of the State government concerned with respect to those 
    aspects of personnel administration covered in the approved plan, it 
    is submitting an application; or
        (2) after the State concerned has a statewide plan which has 
    been developed by an appropriate State agency designated or 
    established pursuant to State law which provides such agency with 
    adequate authority, administrative organization, and staffing to 
    develop and administer such a statewide plan, and to provide 
    technical assistance and other appropriate support in carrying out 
    the local components of the plan, and which provides procedures 
    insuring adequate involvement of officials of affected local 
    governments in the development and administration of such a 
    statewide plan, unless the local government concerned 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 executive authority, a grant to 
a general local government 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 executive authority indicates that he is developing a plan under 
(1) above, or during a period not to exceed one hundred and eighty 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 the request of the Governor or chief 
executive authority indicates that he is developing a statewide plan 
under (2) above.

(b) Application; time of making; information; terms and conditions; 
        waiver; development costs; population served

    An application for a grant from a general local government or a 
combination of general local governments shall be made at such time or 
times and shall 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 meets requirements similar to those established 
in section 4722(b) of this title for a State application for a grant, 
unless any such requirement is specifically waived by the Office, and 
the requirements of subsection (c) of this section. Such a grant may 
cover the costs of developing the program or project covered by the 
application. 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 programs or projects of national interest and will assist 
general local governments experiencing special problems in personnel 
administration related to such programs or projects.

(c) Gubernatorial review of application; disapproval explanation

    An application to be submitted to the Office under subsection (b) of 
this section shall first be submitted by the general local government or 
combination of such governments to the Governor for review, comments, 
and recommendations. The Governor may refer the application to the State 
office designated under section 4722(b)(1) of this title 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 
governments that it has considered the comments and recommendations of 
the Governor shall accompany the application to the Office. The 
application 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 review and comment for a period of sixty days without 
comment by the Governor. An explanation in writing shall be sent to the 
Governor of a State by the Office whenever the Office does not concur 
with recommendations of the Governor in approving any local government 
applications.

(Pub. L. 91-648, title II, Sec. 203, Jan. 5, 1971, 84 Stat. 1912; 1978 
Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 
3783.)

                       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.

                          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, Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 4728, 4762 of this title.
