
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: 42USC4728]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 62--INTERGOVERNMENTAL PERSONNEL PROGRAM
 
  SUBCHAPTER II--STRENGTHENING STATE AND LOCAL PERSONNEL ADMINISTRATION
 
Sec. 4728. Transfer of functions


(a) Prescription of personnel standards on a merit basis

    There are hereby transferred to the Office all functions, powers, 
and duties of--
        (1) the Secretary of Agriculture under section 2019(e)(2) of 
    title 7;
        (2) the Secretary of Labor under--
            (A) the Act of June 6, 1933, as amended (29 U.S.C. 49 et 
        seq.); and
            (B) section 503(a)(1) of this title;

        (3) the Secretary of Health and Human Services under--
            (A) sections 2674(a)(6) and 2684(a)(6) of this title;
            (B) section 3023(a)(6) of this title;
            (C) sections 246(a)(2)(F) and (d)(2)(F) and 291d(a)(8) of 
        this title; and
            (D) sections 302(a)(5)(A), 602(a)(5)(A), 705(a)(3)(A), 
        1202(a)(5)(A), 1352(a)(5)(A), 1382(a)(5)(A), and 1396a(a)(4)(A) 
        of this title; and

        (4) any other department, agency, office, or officer (other than 
    the President) under any other provision of law or regulation 
    applicable to a program of grant-in-aid that specifically requires 
    the establishment and maintenance of personnel standards on a merit 
    basis with respect to the program;

insofar as the functions, powers, and duties relate to the prescription 
of personnel standards on a merit basis.

(b) Standards for systems of personnel administration

    In accordance with regulations of the Office of Personnel 
Management, Federal agencies may require as a condition of participation 
in assistance programs, systems of personnel administration consistent 
with personnel standards prescribed by the Office for positions engaged 
in carrying out such programs. The standards shall--
        (1) include the merit principles in section 4701 of this title;
        (2) be prescribed in such a manner as to minimize Federal 
    intervention in State and local personnel administration.

(c) Powers and duties of Office

    The Office shall--
        (1) provide consultation and technical advice and assistance to 
    State and local governments to aid them in complying with standards 
    prescribed by the Office under subsection (a) of this section; and
        (2) advise Federal agencies administering programs of grants or 
    financial assistance as to the application of required personnel 
    administration standards, and recommend and coordinate the taking of 
    such actions by the Federal agencies as the Office considers will 
    most effectively carry out the purpose of this subchapter.

(d) Transfer of personnel, property, records, and funds; time of 
        transfer

    So much of the personnel, property, records, and unexpended balances 
of appropriations, allocations, and other funds of any Federal agency 
employed, used, held, available, or to be made available in connection 
with the functions, powers, and duties vested in the Office by this 
section as the Director of the Management and Budget shall determine 
shall be transferred to the Office at such time or times as the Director 
shall direct.

(e) Modification or supersedure of personnel standards

    Personnel standards prescribed by Federal agencies under laws and 
regulations referred to in subsection (a) of this section shall continue 
in effect until modified or superseded by standards prescribed by the 
Office under subsection (a) of this section.

(f) Systems of personnel administration; innovation and diversity in 
        design, execution, and management

    Any standards or regulations established pursuant to the provisions 
of this section shall be such 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 individual systems of personnel 
administration.

(g) Interpretation of certain provisions; limitation

    Nothing in this section or in section 4722 or 4723 of this title 
shall be construed to--
        (1) authorize any agency or official of the Federal Government 
    to exercise any authority, direction, or control over the selection, 
    assignment, advancement, retention, compensation, or other personnel 
    action with respect to any individual State or local employee;
        (2) authorize the application of personnel standards on a merit 
    basis to the teaching personnel of educational institutions or 
    school systems;
        (3) prevent participation by employees or employee organizations 
    in the formulation of policies and procedures affecting the 
    conditions of their employment, subject to the laws and ordinances 
    of the State or local government concerned;
        (4) require or request any State or local government employee to 
    disclose his race, religion, or national origin, or the race, 
    religion, or national origin, of any of his forebears;
        (5) require or request any State or local government employee, 
    or any person applying for employment as a State or local government 
    employee, to submit to any interrogation or examination or to take 
    any psychological test or any polygraph test which is designed to 
    elicit from him information concerning his personal relationship 
    with any person connected with him by blood or marriage, or 
    concerning his religious beliefs or practices, or concerning his 
    attitude or conduct with respect to sexual matters; or
        (6) require or request any State or local government employee to 
    participate in any way in any activities or undertakings unless such 
    activities or undertakings are related to the performance of 
    official duties to which he is or may be assigned or to the 
    development of skills, knowledge, or abilities which qualify him for 
    the performance of such duties.

(h) Grants-in-aid; abolition of certain requirements

    Effective one year after October 13, 1978, all statutory personnel 
requirements established as a condition of the receipt of Federal 
grants-in-aid by State and local governments are hereby abolished, 
except--
        (1) requirements prescribed under laws and regulations referred 
    to in subsection (a) of this section;
        (2) requirements that generally prohibit discrimination in 
    employment or require equal employment opportunity;
        (3) the Davis-Bacon Act [40 U.S.C. 276a--276a-5]; and
        (4) chapter 15 of title 5, relating to political activities of 
    certain State and local employees.

(Pub. L. 91-648, title II, Sec. 208, Jan. 5, 1971, 84 Stat. 1915; Pub. 
L. 95-454, Sec. 602(a)(2), (3), Oct. 13, 1978, 92 Stat. 1188, 1189; 1978 
Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 
3783; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

                       References in Text

    Section 2019(e)(2) of title 7, referred to in subsec. (a)(1), is a 
reference to section 2019 of title 7 prior to the general amendment of 
that section by Pub. L. 95-113, Sec. 1301, Sept. 29, 1977, 91 Stat. 969. 
Provisions formerly contained in section 2019(e)(2) of title 7 are 
covered by section 2020(e)(6) of title 7.
    Act of June 6, 1933, as amended, referred to in subsec. (a)(2)(A), 
is act June 6, 1933, ch. 49, 48 Stat. 113, as amended, known as the 
``Wagner-Peyser Act'', which is classified generally to chapter 4B 
(Sec. 49 et seq.) of Title 29, Labor. For complete classification of 
this Act to the Code, see Short Title note set out under section 49 of 
Title 29 and Tables.
    Sections 2674(a)(6) and 2684(a)(6) of this title, referred to in 
subsec. (a)(3)(A), was in the original a reference to sections 134(a)(6) 
and 204(a)(6) of the Mental Retardation Facilities and Community Mental 
Health Centers Construction Act of 1963. Section 134 of the Act was 
renumbered ``133'' and amended by Pub. L. 94-103, and is classified to 
section 6063 of this title. Provisions relating to personnel standards 
on a merit basis appeared in section 6063(b)(7) of this title, and were 
subsequently deleted in a general amendment of subsec. (b). Title II of 
the Act was amended generally by Pub. L. 94-63, and provisions relating 
to personnel standards on a merit basis appeared in section 237(a)(1)(D) 
of the Act, which was classified to section 2689t(a)(1)(D) of this 
title. Section 2689t was repealed by Pub. L. 97-35, title IX, 
Sec. 902(e)(2)(B), Aug. 13, 1981, 95 Stat. 560.
    Section 3023(a)(6) of this title, referred to in subsec. (a)(3)(B), 
was in the original a reference to section 303(a)(6) of the Older 
Americans Act of 1965. Section 301 of Pub. L. 93-29 amended the Older 
Americans Act of 1965 by striking out title III and inserting in lieu 
thereof a new title III. Provisions relating to personnel standards on a 
merit basis appeared in section 305(a)(2) of the Act, which was 
classified to section 3025(a)(2) of this title prior to the general 
revision and reorganization of title III by Pub. L. 95-478, Sec. 103(b). 
Provisions similar to those comprising section 3025 of this title are 
contained in section 3027 of this title.
    Section 246(d) of this title, referred to in subsec. (a)(3)(C), was 
repealed by Pub. L. 97-35, title IX, Sec. 902(b), Aug. 13, 1981, 95 
Stat. 559.
    Section 602 of this title, referred to in subsec. (a)(3)(D), was 
repealed and a new section 602 enacted by Pub. L. 104-193, title I, 
Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so enacted, no 
longer contains a subsec. (a)(5)(A).
    Section 705 of this title, referred to in subsec. (a)(3)(D), was 
amended by Pub. L. 97-35, title XXI, Sec. 2192(a), Aug. 13, 1981, 95 
Stat. 822, and, as so amended, did not contain a subsec. (a). Section 
705 was subsequently amended by Pub. L. 101-239, title VI, 
Sec. 6503(b)(2), (4), Dec. 19, 1989, 103 Stat. 2276, which inserted a 
subsec. ``(a)'' designation at the beginning of the section and added a 
par. (3) to subsec. (a).
    Section 1382(a)(5)(A) of this title, referred to in subsec. 
(a)(3)(D), was in the original a reference to section 1602(a)(5)(A) of 
the Social Security Act. Title XVI of the Social Security Act (section 
1381 et seq. of this title) was amended generally by Pub. L. 92-603, 
title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1465, and the provisions 
formerly contained in section 1382 of this title appeared in section 602 
of the Act, which was classified to section 802 of this title, and was 
repealed by Pub. L. 93-647, Sec. 3(b), Jan. 4, 1975, 88 Stat. 2349.
    The Davis-Bacon Act, referred to in subsec. (h)(3), is act Mar. 3, 
1931, ch. 411, 46 Stat. 1494, as amended, which is classified generally 
to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and 
Works. For complete classification of this Act to the Code, see Short 
Title note set out under section 276a of Title 40 and Tables.


                               Amendments

    1978--Subsecs. (b) to (h). Pub. L. 95-454 added subsec. (b), 
redesignated former subsecs. (b) to (g) as (c) to (h), respectively, and 
in subsec. (h), as so redesignated, substituted provisions respecting 
abolition of certain requirements respecting grants-in-aid, for 
provisions setting forth effective date of this section as 60 days after 
Jan. 5, 1971.

                         Change of Name

    ``Secretary of Health and Human Services'' substituted for 
``Secretary of Health, Education, and Welfare'' in subsec. (a)(3) 
pursuant to section 509(b) of Pub. L. 96-88, which is classified to 
section 3508(b) of Title 20, Education.


                    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 Organization and Employees.

                          Transfer of Functions

    ``Office'', meaning Office of Personnel Management, substituted for 
``Commission'', meaning Civil Service Commission'', in subsecs. (a) and 
(c) to (e) 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 title 7 section 2020.
