§ 4728. Transfer of functions

2,102 words·~10 min read·/usc/title-42/section-4728

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(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 10(e)(2) of the Food and Nutrition Act of 2008 of 1964 (7 U.S.C. 2019(e)(2)); 1

(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)sections 3141–3144, 3146, and 3147 of title 40; and

(4)chapter 15 of title 5, relating to political activities of certain State and local employees.

(Pub. L. 91–648, title II, § 208, Jan. 5, 1971, 84 Stat. 1915; Pub. L. 95–454, § 602(a)(2), (3), Oct. 13, 1978, 92 Stat. 1188, 1189; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 110–234, title IV, § 4002(b)(1)(C), (2)(CC), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(C), (2)(CC), June 18, 2008, 122 Stat. 1664, 1857, 1859.)