
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: 42USC4766]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 62--INTERGOVERNMENTAL PERSONNEL PROGRAM
 
                    SUBCHAPTER IV--GENERAL PROVISIONS
 
Sec. 4766. Distribution of grants


(a) State and local government allocations; equitable distribution

    The Office shall allocate 20 per centum of the total amount 
available for grants under this chapter in such manner as will most 
nearly provide an equitable distribution of the grants among States and 
between State and local governments, taking into consideration such 
factors as the size of the population, number of employees affected, the 
urgency of the programs or projects, the need for funds to carry out the 
purposes of this chapter, and the potential of the governmental 
jurisdictions concerned to use the funds most effectively.

(b) Weighted formula; minimum allocation; reallocation; ``State'' 
        defined

    (1) The Office shall allocate 80 per centum of the total amount 
available for grants under this chapter among the States on a weighted 
formula taking into consideration such factors as the size of population 
and the number of State and local government employees affected.
    (2) The amount allocated for each State under paragraph (1) of this 
subsection shall be further allocated by the Office to meet the needs of 
both the State government and the local governments within the State on 
a weighted formula taking into consideration such factors as the number 
of State and local government employees and the amount of State and 
local government expenditures. The Office shall determine the categories 
of employees and expenditures to be included or excluded, as the case 
may be, in the number of employees and amount of expenditures. The 
minimum allocation for meeting needs of local governments in each State 
(other than the District of Columbia, the Commonwealth of Puerto Rico, 
Guam, American Samoa, and the Virgin Islands) shall be 50 per centum of 
the amount allocated for the State under paragraph (1) of this 
subsection.
    (3) The amount of any allocation under paragraph (2) of this 
subsection which the Office determines, on the basis of information 
available to it, will not be used to meet needs for which allocated 
shall be available for use to meet the needs of the State government or 
local governments in that State, as the case may be, on such date or 
dates as the Office may fix.
    (4) The amount allocated for any State under paragraph (1) of this 
subsection which the Office determines, on the basis of information 
available to it, will not be used shall be available for reallocation by 
the Office from time to time, on such date or dates as it may fix, among 
other States with respect to which such a determination has not been 
made, in accordance with the formula set forth in paragraph (1) of this 
subsection, but with such amount for any of such other States being 
reduced to the extent it exceeds the sum the Office estimates said State 
needs and will be able to use; and the total of such reductions shall be 
similarly reallocated among the States whose proportionate amounts were 
not so reduced.
    (5) For the purposes of this subsection, ``State'' means the several 
States of the United States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, American Samoa, and the Virgin Islands.

(c) Payment limitation

    Notwithstanding the other provisions of this section, the total of 
the payments from the appropriations for any fiscal year under this 
chapter made with respect to programs or projects in any one State may 
not exceed an amount equal to 12\1/2\ per centum of such appropriation.

(Pub. L. 91-648, title V, Sec. 506, Jan. 5, 1971, 84 Stat. 1927; Pub. L. 
95-454, title VI, Sec. 602(e), Oct. 13, 1978, 92 Stat. 1189; 1978 Reorg. 
Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.)

                       References in Text

    This chapter, referred to in subsecs. (a), (b)(1), and (c), means 
the provisions of subchapters I, II, III, and IV of this chapter. See 
section 4761 of this title.


                               Amendments

    1978--Subsec. (b)(2), (5). Pub. L. 95-454 inserted references to 
Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin 
Islands.


                    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 
(b), 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 4723, 4743 of this title.
