
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: 42USC4743]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 62--INTERGOVERNMENTAL PERSONNEL PROGRAM
 
    SUBCHAPTER III--TRAINING AND DEVELOPING STATE AND LOCAL EMPLOYEES
 
Sec. 4743. Grants to State and local governments for training


(a) Amount of grants; executive certification; use restrictions; uses 
        for non-Federal share; personnel training and education 
        programs: innovation and diversity in development and execution

    If in its judgment training is not adequately provided for under 
grant-in-aid or other statutes, the Office is authorized to make grants 
to State and general local governments 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, on the certification of the Governor of that State, or the 
mayor or chief executive officer of the general local government, that 
the programs are consistent with the applicable principles set forth in 
clauses (1)-(6) of the third paragraph of section 4701 of this title, to 
train and educate their professional, administrative, and technical 
employees and officials. Such grants may not be used to cover costs of 
full-time graduate-level study, provided for in section 4745 of this 
title, or the costs of the construction or acquisition of training 
facilities. The State and local government share of the cost of 
developing and carrying out training and education plans and programs 
may include, but shall not consist solely of, the reasonable value of 
facilities and of supervisory and other personal services made available 
by such governments. 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 developing and 
carrying out training and education programs for their personnel.

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

    An application for a grant from a State or general local government 
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 established by this subsection unless any requirement is 
specifically waived by the Office. Such grant to a State, or to a 
general local government under subsection (c) of this section, may cover 
the costs of developing the program covered by the application. The 
program covered by the application shall--
        (1) provide 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 program 
    at the State level;
        (2) provide, to the extent feasible, for coordination with 
    relevant training available under or supported by other Federal 
    Government programs or grants;
        (3) provide for training needs of the State government and of 
    local governments in that State;
        (4) provide, to the extent feasible, for intergovernmental 
    cooperation in employee training matters, especially within 
    metropolitan or regional areas; and
        (5) provide 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.

(c) Population served; amount of grants; executive certification; State 
        grant, conditions; terms and conditions; waiver

    A grant authorized by subsection (a) of this section may be made to 
a general local government, or a combination of such 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 train and 
educate their professional, administrative, and technical employees and 
officials. 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 training 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 training 
    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. To be approved, an application for a grant under this 
subsection must meet requirements 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 programs or projects of national interest 
and will assist general local governments experiencing special needs for 
personnel training and education related to such programs or projects.

(d) Gubernatorial review of application; disapproval 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 Governor for review, comments, 
and recommendations. 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 
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 III, Sec. 303, Jan. 5, 1971, 84 Stat. 1917; 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 subsecs. (a) and (c), 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 section 4762 of this title.
