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 84 STAT. ]

PUBLIC LAW 91^46-JAN. 2, 1971

19(11

Federal agencies or programs or projects by State agencies receiving Federal financial assistance, the heads of Federal agencies shall consult together on the establishment of regulations and procedures for the implementation of such programs. (b) The head of each Federal agency is authorized to establish such regulations and procedures as he may determine to be necessary to assure— (1) that the payments and assistance authorized by this Act shall be administered in a manner which is fair and reasonable, and as uniform as practicable; (2) that a displaced person who makes proper application for a payment authorized for such person by this title shall be paid promptly after a move or, in hardship cases, be paid in advance; and (8) that any person aggrieved by a determination as to eligibility for a payment authorized by this Act, or the amount of a payment, may have his application reviewed by the head of the Federal agency having authority over the applicable program or project, or in the case of a program or project receiving Federal financial assistance, by the head of the State agency. (c) The head of each Federal agency may prescribe such other regulations and procedures, consistent with the provisions of this Act, as he deems necessary or appropriate to carry out this Act. ANNITAI. REPORT

SEC. 214. The head of each Federal agency shall prepare and submit an annual report to the President on the activities of such agency with respect to the programs and policies established or authorized by this Act, and the President shall submit such reports to the Congress not later than January 15 of each year, beginning January 15, 1972, and ending January 15, 1975, together with his comments or I'ecommendations. Such reports shall give special attention to: (1) the effectiveness of the provisions of this Act assuring the availability of comparable replacement housing, which is decent, safe, and sanitary, for displaced homeowners and tenants; (2) actions taken by the agency to achieve the objectives of the policies of Congress, declared in this Act, to provide uniform and equal treatment, to the greatest extent practicable, for all persons displaced by, or having real property taken for. Federal or federally assisted programs; (3) the views of the Federal agency head on the progress made to achieve such objectives in the various programs conducted or administered by such agency, and among the Federal agencies; (-t) any indicated effects of such programs and policies on the public; and (5) any recommendations he may have for further improvements in relocation assistance and land acquisition programs, policies, and implementing laws and regulations. P L A N N I N G AND OTHER P R E L I M I N A R Y E X P E N S E S FOR ADDITIONAL H O U S I N G

SEC. 215. In order to encourage and facilitate the construction or rehabilitation of housini>: to meet the needs of displaced persons who are displaced from dwellings because of any Federal or Federal financially assisted project, the head of the Federal agency administering such project is authorized to make loans as a part of the cost of any such project, or to approve loans as a part of the cost of any such project receiving Federal fiancial assistance, to nonprofit, limited

Report to con-

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PUBLIC LAW 91-646-JAN. 2, 1971

[84 STAT.

dividend, or cooperative organizations or to public bodies, for necessary and reasonable expenses, prior to construction, for planning and obtaining federally insured mortgage financing for the relhabilitation or construction of housing for such displaced persons. Notwithstanding the preceding sentence, or any other law, such loans shall be available for not to exceed 80 per centum of the reasonable costs expected to be incurred in planning, and in obtaining financing for, such housing, prior to the availability of such financing, including, but not limited to, preliminary surveys and analyses of market needs, preliminary site engineering, preliminary architectural fees, site acquisition, application and mortgage commitment fees, and construction loan fees and discounts. Ixyans to an organization established for profit shall bear interest at a market rate established by the head of such Federal agency. All other loans shall be without interest. Such Federal agency head shall require repayment of loans made under this section, under such terms and conditions as he may require, upon completion of tlhe project or sooner, and except in the case of a loan to an organization established for profit, may cancel any part or all of a loan if he determines that a permanent loan to finance the rehabilitation or the construction of such housing cannot be obtained in an amount adequate for repayment of such loan. Upon repayment of any such loan, the Federal share of the sum repaid ^hall be credited to the account from which such loan was made, unless the Secretary of the Treasury determines that such account is no longer in existence, in which case such sum shall be returned to the Treasury and credited to miscellaneous receipts. P A Y M E N T S N O T TO BE CONSIDERED AS I N C O M E

SEC. 216. No payment received under this title shall be considered as 26 USC^i°e^' income for the purposes of the Internal Revenue Code of 1954; or for ^^'^* the purposes of determining the eligibility or the extent of eligibility 49 Stat. 620. Qf ^nv persou for assistance under the Social Security Act or any other 42 USC line An TTo/- 1305.

'' ii

'^

'^

Federal law. D I S P L A C E M E N T BY CODE E N J - O R C E M E N T, R E H A B I L I T x \ T I O N, A N D DEMOLITION PROGRAMS RECEIVING FEDERAL ASSISTANCE

63 Stat. 414; ^42*1180 u*5o. 80 Stat. 1255. 42 USC 3301 note

SEC. 217. A person who moves or discontinues his business, or moves other personal property, or moves from his dwelling on or after the effective date of this Act, as a direct result of any project or program which receives Federal financial assistance under title I of the Housing s^^\^ of 1949, as amended, or as a result of carrying out a comprehensive ^"^^y demonstration program under title I of the Demonstration Cities and Metropolitan Development Act of 1966 shall, for the purposes of TRANSFERS OF SURPLUS
 * -^jg w\\^^ be deemed to have been displaced as the result of the acquisition of real property.

PROPERTY

SEC. 218. The Administrator of General Services is authorized to transfer to a State agency for the purpose of providing replacement housing required by this title, any real property surplus to the needs of the United States within the meaning of the Federal Property and 63 Stat. 377. Administrative Services Act of 1949, as amended. Such transfer shall 40 USC 471 note, j^e subject to such terms and conditions as the Administrator determines necessary to protect the interests of the United States and may be made without monetary consideration, except that such State agency shall pay to the United States all amounts received by such agency frorn any sale, lease, or other disposition of such property for such housing.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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PUBLIC LAW 91-646-JAN. 2, 1971

1903

D I S P L A C E M E N T BY A S P E C I F I C PROGRAM

SEC. 219. Notwithstanding any other provision of this title, a person— (1) who moves or discontinues his business, moves other personal property, or moves from his dwelling on or after January 1, 1969, and before the 90th day after the date of enactment of this Act as the result of the contemplated demolition of structures or the construction of improvements on real property acquired, in whole or in part, by a Federal agency within the area in New York, New York, bounded by Lexington and Third Avenues and 31st and 32d Streets; and (2) who has lived on, or conducted a business on, such real property for at least one year prior to the date of enactment of this Act; may be considered a displaced person for purposes of sections 202(a) and (b), 204, and 205 of this title, by the head of the agency acquiring the real property if— (A) the head of the agency determines that such person has suffered undue hardship as the result of displacement from the real property; and (B) tine Federal Government acquired and held such property for at least five years prior to the date of enactment of this Act. REPEALS

SEC. 220. (a) The following laws and parts of laws are hereby repealed: (1) The Act entitled "An Act to authorize the Secretary of the Interior to reimburse ow ners of lands required for development under his jurisdiction for their moving expenses, and for other purposes," approved May 29, 1958 (43 U.S.C. 1231-1234). (2) Paragraph 14 of section 203(b) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473). (3) Section 2680 of title 10, United States Code. (4) Section 7(b) of the Urban Mass Transportation Act of 1965 (49 U.S.C. 1606(b)). (5) Section 114 of the Housing Act of 1949 (42 U.S.C. 1465). (6) Paragraphs (7)(b) (iii) and (8) of section 15 of the United States Housing Act of 1937 (42 U.S.C. 1415, 1415(8)), except the first sentence of paragraph (8). (7) Section 2 of the Act entitled "An Act to authorize the Commissioners of the District of Columbia to pay relocation costs made necessary by actions of the District of Columbia government, and for other purposes", approved October 6, 1964 (78 Stat. 1004; Public Law 88-629; D.C. Code 5-729). (8) Section 404 of the Housing and Urban Development Act of 1965 (42 U.S.C. 3074). (9) Sections 107(b) and (c) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3307). (10) Chapter 5 of title 23, United States Code. (11) Sections 32 and 33 of the Federal-Aid Highway Act of 1968 (Public Law 90-^95). (b) Any rights or liabilities now existing under prior Acts or portions thereof shall not be affected by the repeal of such prior Acts or portions thereof under subsection (a) of this section.

72 Stat. 152. 76 Stat. 3 8 4. 76 Stat. 5 1 1. 78 Stat. 3 0 5. Ante, p,. 1779. 78 Stat. 7 9 5.

79 Stat. 486. so Stat. 1259. s2 Stat. a30. " "^^ ^°^82 Stat. 835. ^IQ^O^^^ ^°^ "°**'

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PUBLIC LAW 91-646-JAN. 2, 1971 EFFECTIVE

[84 STAT.

DATE

SEC. 221. (a) Except as provided in subsections (b) and (c) of this section, this Act and the amendments made by this Act shall take effect on the date of its enactment. (b) Until July 1, 1972, sections 210 and 305 shall be applicable to a State only to the extent that such State is able under its laws to comply with such sections. After July 1, 1972, such sections shall be completely applicable to all States. (c) The repeals made by paragraphs (4), (5), (6), (8), (9), (10), (11), and (12) of section 220(a) of this title and section 306 of title III shall not apply to any State so long as sections 210 and 305 are not applicable in such State. TITLE III—UNIFORM REAL PROPERTY ACQUISITION POLICY UNIFORM POLICY ON REAL PROPERTY ACQUISITION PRACTICES

SEC. 301. In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the many Federal programs, and to promote public confidence in Federal land acquisition practices, heads of Federal agencies shall, to the greatest extent practicable, be guided by the following policies: (1) The head of a Federal agency shall make every reasonable effort to acquire expeditiously real property by negotiation. (2) Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property. (3) Before the initiation of negotiations for real property, the head of the Federal agency concerned shall establish an amount which he believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the agency's approved appraisal of the fair market value of such property. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owmer, will be disregarded in determining the compensation for the property. The head of the Federal agency concerned shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount he established as just compensation. Where appropriate the just compensation for the real property acquired and for damages to remaining real property shall be separately stated. (4) No owner shall be required to surrender possession of real property before the head of the Federal agency concerned pays the agreed purchase price, or deposits with the court in accordance with section 1 of the Act of February 26, 1931 (46 Stat. 1421; 40 U.S.C. 258a), for the benefit of the owner, an amount not less than the agency's approved appraisal of the fair market value of such property, or the amount of the award of compensation in the condemnation proceeding for such property.

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(5) The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling as required by title II will be available), or to move his business or farm operation, without at least ninety days' written notice from the head of the Federal agency concerned, of the date by which such move is required. (6) If the head of a Federal agency permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the Government on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier. (7) In no event shall the head of a Federal agency either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property. (8) If any interest in real property is to be acquired by exercise of the powder of eminent domain, the head of the Federal agency concerned shall institute formal condemnation proceedings. No Federal agency head shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property. (9) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the head of the Federal agency concerned shall offer to acquire the entire property. B U I L D I N G S, STRUCTURES, AND IMPROVEMENTS

SEC. 302. (a) Notwithstanding any other provision of law, if the head of a Federal agency acquires any interest in real property in any State, he shall acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which he requires to be removed from such real property or which he determines will be adversely affected by the use to which such real property will be put. (b)(1) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (a) of this section, such building, structure, or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor. (2) Payment under this subsection shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and release to the United States all his right, title, and interest in and to such improvements. Nothing in this subsection shall be construed to deprive the tenant of any rights to reject payment under this subsection and to obtain payment for such property interests in accordance with applicable law, other than this subsection.

1905

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 1906

PUBLIC LAW 91-646-JAN. 2, 1971

[84 STAT.

EXPENSES INCIDENTAL TO TRANSFER OF TITLE TO UNITED STATES

SEC. 303. The head of a Federal agency, as soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, shall reimburse the owner, to the extent the head of such agency deems fair and reasonable, for expenses he necessarily incurred for— (1) recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the United States; (2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering such real property; and (3) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vestnig title in the United States, or the effective date of possession of such real property by the United States, whichever is the earlier. LITIGATION EXPENSES

Ante. p. 449.

SEC. 304. (a) The Federal court having jurisdiction of a proceeding instituted by a Federal agency to acquire real property by condemnation shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred l3ecause of the condemnation proceedings, if— (1) the final judgment is that the Federal agency cannot acquire the real property by condemnation; or (2) the proceeding is abandoned by the United States. (b) Any award made pursuant to subsection (a) of this section shall be paid by the head of the Federal agency for whose benefit the condemnation proceedings was instituted. (c) The court rendering a judgment for the plaintiff in a proceeding brought under section 1346(a)(2) or 1491 of title 28, United States Codc, awarding compensation for the taking of property by a Federal agency, or the Attorney General effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, sudli sum as will in the opinion of the court or the Attorney General reimburse such plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of sudh proceeding. REQUIREMENTS FOR UNIFORM L A N D ACQUISITION POLICIES; PAYMENTS OF

EXPENSES INCIDENTAL TO TRANSFER OF REAL PROPERTY TO STATE; PAYMENT OF LITIGATION EXPENSES I N CERTAIN CASES

SEC. 305. Xotwithstanding any other law, the head of a Federal agency shall not approve any program or project or any grant to, or contract or agreement with, a State agency under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in the acquisition of real property on and after the effective date of this title, unless he receives satisfactory assurances from such State agency that— (1) in acquiring real property it will be guided, to the greatest extent practicable under State law, by the land acquisition policies in section 301 and the provisions of section 302, and

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1907

PUBLIC LAW 91-647-JAN. 5, 1971

(2) property owners will be paid or reimbursed for necessary expenses as specified in sections 303 and 304. REPEALS

SEC. 306. Sections 401,402, and 403 of the Housing and Urban Development Act of 1965 (42 tJ.S.C. 3071-3073), section 35(a) of the Federal-Aid Highway Act of 1968 (23 U.S.C. 141) and section 301 of the Land Acquisition Policy Act of 1960 (33 U.S.C. 596) are hereby repealed. Any rights or liabilities now existing under prior Acts or portions thereof shall not be affected by the repeal of such prior Act or portions thereof under this section. Approved January 2, 1971.

79 Stat. 485. 82 Stat. 8 3 6. 74 Stat. 5 0 2.

Public Law 91-647 AN ACT To improve judicial machinery by providing for the appointment of a circuit executive for each judicial circuit.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 332 of title 28, United States Code, is amended (a) by designating each of the existing paragraphs thereof as subsections (a), (b), (c), and (d), respectively; and (b) by inserting new subsections (e) and (f) to read: "(e) The judicial council of each circuit may appoint a circuit executive from among persons who shall be certified by the Board of Certification. The circuit executive shall exercise such administrative powers and perform such duties as may be delegated to him by the circuit council. The duties delegated to the circuit executive of each circuit may include but need not be limited to: "(1) Exercising administrative control of all nonjudicial activities of the court of appeals of the circuit in which he is appointed. " (2) Administering the personnel system of the court of appeals of the circuit. " (3) Administering the budget of the court of appeals of the circuit. " (4) Maintaining a modern accounting system. "(5) Establishing and maintaining property control records and undertaking a space management program. "(6) Conducting studies relating to the business and administration of the courts within the circuit and preparing appropriate recommendations and reports to the chief judge, the circuit council, and the Judicial Conference. "(7) Collecting, compiling, and analyzing statistical data with a view to the preparation and presentation of reports based on such data as may be directed by the chief judge, the circuit council, and the Administrative Office of the United States Courts. "(8) Representing the circuit as its liaison to the courts of the various States in which the circuit is located, the marshal's office, State and local bar associations, civic groups, news media, and other private and public groups having a reasonable interest in the administration of the circuit.

47-348 O - 72 - 37 (Pt. 2)

January 5, 1971 [ H. R. 17901]

Circuit court executives. Appointment. 62 Stat. 902; 77 Stat. 3 3 1.

Duties.

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Certification standards.

Ante, p. 198-1. Compensation. 83 Stat. 864.

80 Stat. 564. 5 USC 8331. 5 USC 8701. 5 USC 8901.

PUBLIC LAW 91-647-JAN. 5, 1971

[84 STAT.

" (9) Arranging and attending meetings of the judges of the circuit and of the circuit council, including preparing the agenda and serving as secretary in all such meetings. "(10) Preparing an annual report to the circuit and to the Administrative Office of the United States Courts for the preceding calendar year, including recommendations for more expeditious disposition of the business of the circuit. "All duties delegated to the circuit executive shall be subject to the general supervision of the chief judge of the circuit. "(f) The standards for certification as qualified to be a circuit executive shall be set by a Board of Certification. These standards shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training. The Board of Certification shall consist of five members, three of whom shall be elected by the Judicial Conference of the United States, and at least one of these three shall be selected from among persons experienced in executive recruitment and selection. The additional two members shall be the Director of the Administrative Office of the United States Courts and the Director of the Federal Judicial Center. The members of the Board elected by the Judicial Conference shall each serve for three years except that upon appointment of the first members, one member shall serve for one year, one for two years, and one for three years. The Board shall consider all applicants who apply for certification, shall certify qualified applicants, shall maintain a roster of all persons certified, and shall publish the standards for certification. A person's name shall be removed from the roster after three years unless he is recertified. Three members of the Board shall constitute a quorum for purposes of fixing standards and for certifying applicants, but no action of the Board shall be taken unless three of the members are in agreement. The Director of the Administrative Office of the United States Courts shall provide staff assistance in support of the operation of the Board. Expenses of the Board of Certification shall be borne by the travel and miscellaneous expense funds appropriated to the Federal judiciary. Any member of the Board who is an officer or employee of the United States shall serve without compensation. Other members shall receive the daily equivalent of the rate provided for GS-18 of the General Schedule contained in section 5332 of title 5, United States Code, when actually engaged in service for the Board. "Each circuit executive shall be paid at a salary to be established by the Judicial Conference of the United States not to exceed the annual rate of level V of the Executive Schedule pay rates (5 U.S.C. 5316). "The circuit executive shall serve at the pleasure of the judicial council of the circuit. "The circuit executive may appoint, with the approval of the council, necessary employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. "The circuit executive and his staff shall be deemed to be officers and employees of the judicial branch of the United States Government within the meaning of subchapter III of chapter 83 (relating to civil service retirement), chapter 87 (relating to Federal employees' life insurance program), and chapter 89 (relating to Federal employees' health benefits program) of title 5, United States Code." Approved January 5, 1971.

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PUBLIC LAW 91-648-JAN. 5, 1971

1909

Public Law 91-648 AN ACT

January 5, 1971

To reinforce the federal system by strengthening the personnel resources of State and local governments, to improve intergovernmental cooperation in the administration of grant-in-aid programs, to provide grants for improvement of State and local personnel administration, to authorize Federal assistance in training State and local employees, to provide grants to State and local governments for training of their employees, to authorize interstate compacts for personnel and training activities, to facilitate the temporary as.signment of personnel between the Federal Government, and State and local governments, and for other purposes.

[s^JJJ

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may intergovernmental J

/ » t _ «

be cited as the "Intergovernmental Personnel Act of 19^0.

Pcrsorm©! Act oi

1970.

DECLARATION OF POLICY

SEC. 2. The Congress hereby finds and declares— That effective State and local governmental institutions are essential in the maintenance and development of the Federal system in an increasingly complex and interdependent society. That, smce numerous governmental activities administered by the State and local governments are related to national purpose and are financed in part by Federal funds, a national interest exists in a high caliber of public service in State and local governments. That the quality of public service at all levels of government can administration _Personnel be improved by the development of systems of personnel administra- systems. tion consistent with such merit principles as— (1) recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment; (2-) providing equitable and adequate compensation; (3) training employees, as needed, to assure high-quality performance; (4) retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected; (5) assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, or religious creed and with proper regard for their privacy and constitutional rights as citizens; and (6) assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office. That Federal financial and technical assistance to State and local governments for strengthening their personnel administration in a manner consistent with these principles is in the national interest. SEC. 3. The authorities provided by this Act shall be administered in such manner as (1) to recognize fully the rights, powers, and responsibilities of State and local governments, and (2) to encourage innovation and allow for diversity on the part of State and local governments in the design, execution, and management of their own systems of personnel administration.

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1910

[84 STAT.

TITLE I—DEVELOPMENT OF POLICIES AND STANDARDS DECLARATION OF P U R P O S E

SEC. 101. The purpose of this title is to provide for intergovernmental cooperation in the development of policies and standards for the administration of programs authorized by this Act. ADVISORY COUNCIL,

80 Stat. 378. 5 USC 101 etseq.

Membership.

D u t i e s regarding personnel policies.

Ante,

p. 198-1.

80 Stat. 499; 83 Stat. 190.

SEC. 102. (a) Within one hundred and eighty days following the date of enactment of this Act, the President shall appoint, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, an advisory council on intergovernmental personnel policy. The President may terminate the council at any time after the expiration of three years following its establishment. (b) The advisory council of not to exceed fifteen members, shall be composed primarily of officials of the Federal Government and State and local governments, but shall also include members selected from educational and training institutions or organizations, public employee organizations, and the general public. At least half of the governmental members shall be officials of State and local governments. The President shall designate a Chairman and a Vice Chairman from among the members of the advisory council. (c) I t shall be the duty of the advisory council to study and make recommendations regarding personnel policies and programs for the purpose of— (1) improving the quality of public administration at State and local levels of government, particularly in connection with programs that are financed in whole or in part from Federal funds; (2) strengthening the capacity of State and local governments to deal with complex problems confronting them; (3) aiding State and local governments in training their professional, admmistrative, and technical employees and officials; (4) aiding State and local governments m developing systems of personnel administration that are responsive to the goals and needs of their programs and effective in attracting and retaining capable employees; and (5) facilitating temporary assignments of personnel between the Federal Government and State and local governments and institutions of higher education. (d) Members of the advisory council who are not regular full-time employees of the United States, while serving on the business of the council, including travel time, may receive compensation at rates not exceeding the daily rate for GS-18; and while so serving away from their homes or regular places of business, all members may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government service employed intermittently. REPORTS o r

Report to P r e s i dent and Congress,

ADVISORY

COUNCIL

SEC. 103. (a) The advisory council on intergovernmental personnel policy shall from time to time report to the President and to the Congress its findings and recommendations.

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PUBLIC LAW 91-648-JAN. 5, 1971

(b) Not later than eighteen months after its establishment, the advisory council shall submit an initial report on its activities, which shall include its views and recommendations on— (1) the feasibility and desirability of extending merit policies and standards to additional Federal-State grant-in-aid programs; (2) the feasibility and desirability of extending merit policies and standards to grant-in-aid programs of a Federal-local character; (3) appropriate standards for merit personnel administration, where applicable, including those established by regulations with respect to existing Federal grant-in-aid programs; and (4) the feasibility and desirability of financial and other incentives to encourage State and local governments in the development of comprehensive systems of personnel administration based on merit principles. (c) I n transmitting to the Congress reports of the advisory council, the President shall submit to the Congress proposals of legislation which he deems desirable to carry out the recommendations of the advisory council.

1911

P r e s i d e n t i a l report to C o n g r e s s,

TITLE II — S T K E N G THE N I N G S T A T E AND L O C A L PERSONNEL ADMINISTRATION DECLARATION OF TURPOSE

SEC. 201. The purpose of this title is to assist State and local governments to strengthen their staffs by improving their personnel administration. STATE GOVERNMENT A N D STATEWIDE PROGRAMS A N D GRANTS

SEC. 202. (a) The United States Civil Service Commission (hereinafter referred to as the "Commission") is authorized to make grants to a State 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 Act, for up to 50 per centum) of the costs of developing and carrying out programs or projects, on the certification of the Governor of that State that the programs or projects contained within the State's application are consistent with the applicable principles set forth in clauses (l) - (6) of the third paragraph of section 2 of this Act, to strengthen personnel administration in that State government or in local governments of that State. 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 the design, execution, and management of their own systems of personnel administration. (b) An application for a grant shall be made at such time or times. and contain such information, as the Commission may prescribe. The Commission may make a grant under subsection (a) of this section only if the application therefor— (1) provides 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 approved program or project at the State level; (2) provides for the establishment of merit personnel administration where appropriate and the further improvement of existing systems based on merit principles;

^"'«' P- 1909.

Application.

Provisions.

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Personnel ad-

ministrative itii' provement.

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[84 STAT.

(3) provides for specific personnel administration improvement needs of the State government and, to the extent appropriate, of the local governments in that State, including State personnel administration services for local governments; (4) provides 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; and (5) sets forth clear and practicable actions for the improvement of particular aspects of personnel administration such as— (A) establishment of statewide personnel systems of general or special functional coverage to meet the needs of urban, suburban, or rural governmental jurisdictions that are not able to provide sound career services, opportunities for advancement, adequate retirement and leave systems, and other career inducements to well-qualified professional, administrative, and technical personnel; (B) making State grants to local governments to strengthen their staffs by improving their personnel administration; (C) assessment of State and local government needs for professional, administrative, and technical manpower, and the initiation of timely and appropriate action to meet such needs; (D) strengthening one or more major areas of personnel administration, such as recruitment and selection, training and development, and pay administration; (E) undertaking research and demonstration projects to develop and apply better personnel administration techniques, including both projects conducted by State and local government staffs and projects conducted by colleges or universities or other appropriate nonprofit organizations under grants or contracts; (F) strengthening the recruitment, selection, assignment, and development of handicapped persons, women, and members of disadvantaged groups whose capacities are not being utilized fully; (G) training programs related directly to upgrading within the agency for nonprofessional employees who show promise of developing a capacity for assuming professional responsibility; (H) achieving the most effective use of scarce professional, administrative, and technical manpower; and (I) increasing intergovernmental cooperation in personnel administration, with respect to such matters as recruiting, examining, pay studies, training, education, personnel interchange, manpower utilization, and fringe benefits. LOCAL GOVERNMENT PROGRAMS AND GRANTS

SEC. 203. (a) The Commission 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 Act, 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 ofRcer(s), of the general local govern-

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ment or combination of local governments that the programs or projects are consistent with the applicable principles set forth in clauses (l) - (6) of the third paragraph of section 2 of this Act, to strengthen the personnel administration of such governments. Such a grant may not be made— . conduionr"*' (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 506(a). 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 513, or the date on which official regulations for this Act are promulgated, whichever dat© 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 513, or the date on which official regulations for this Act 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) An application for a grant from a general local government Local governor a combination of general local governments shall be made at such tTons.^*^^"'^' "'^'" time or times and shall contain such information as the Commission may prescribe. The Commission may make a grant under subsection (a) of this section only if the application therefor meets requirements similar to those established in section 202(b) of this Act for a State application for a grant, unless any such requirement is specifically waived by the Commission, 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 Commission 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) An application to be submitted to the Commission under sub- Application, section (b) of this section shall first be submitted by the general local gubernatorial review.

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Disapproval, explanation.

PUBLIC LAW 91-648-JAN. 5, 1971

[84

STAT.

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 202(b)(1) of this Act 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 Commission. 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 Commission 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 Commission whenever the Commission does not concur with recommendations of the Governor in approving any local government applications. INTERGOArERNMENTAL COOPERATION IN" RECRUITING AND EXAMINING

Potential employees, certification.

SEC. 204. (a) The Commission may join, on a shared-costs basis, with State and local governments in cooperative recruiting and examining activities under such procedures and regulations as may jointly he agreed upon. (b) The Commission also may, on the written request of a State or local government and under such procedures as may be jointly agreed upon, certify to such governments from appropriate Federal registers the names of potential employees. The State or local government making the request shall pay the Commission for the costs, as determined by the Commission, of performing the service, and such payments shall be credited to the appropriation or fund from which the expenses were or are to be paid. TECHNICAL ASSISTANCE

SEC. 205. The Commission may furnish technical advice and assistance, on request, to State and general local governments seeking to improve their systems of personnel administration. The Commission may waive, in whole or in part, payments from such governments for the costs of furnishing such assistance. All such payments shall be credited to the appropriation or fund from which the expenses were or are to be paid. COORDINATION OE FEDERAL PROGRAMS

S E C 206. The Commission, after consultation with other agencies concerned, shall— (1) coordinate the personnel administration support and technical assistance given to State and local governments and the support given State programs or projects to strengthen local government personnel administration, including the furnishing of needed personnel administration services and technical assistance, under authority of this Act with any such support given under other Federal programs; and (2) make such arrangements, including the collection, maintenance, and dissemination of data on grants for strengthening State and local government personnel administration and on grants to States for furnishing needed personnel administration services and technical assistance to local governments, as needed to avoid duplication and insure consistent administration of related Federal activities.

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PUBLIC LAW 91-648-JAN. 5, 1971 INTERSTATE

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COMPACTS

SEC. 207. The consent of the Congress is hereby given to any two or more States to enter into compacts or other agreements, not in conflict with any law of the United States, for cooperative efforts and mutual assistance (including the establishment of appropriate agencies) in connection with the development and administration of personnel and training programs for employees and officials of State and local governments. TRANSFER OF F U N C T I O N S

SEC. 208. (a) There are hereby transferred to the Commission all functions, powers, and duties of— (1) the Secretary of Agriculture under section 10(e)(2) of the Food Stamp Act of 1964 (7 U.S.C. 2019(e)(2)); (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 303(a)(1) of the Social Security Act (42 U.S.C. 5 0 3 (a)(1));

^°^'' P- ^osi, 48 Stat. 113.

53 Stat. 1378.

(3) the Secretary of Health, Education, and Welfare under— (A) sections 134(a)(6) and 204(a)(6) of the Mental Retardation Facilities and Community Health Centers Construction Act Of 1963 (42 U.S.C. 2674(a)(6) and 2684 (a)(6));

77 Stat. 2 8 7, 2 9 1.

(B) section 303(a)(6) of the Older Americans Act of 1965 (42 U.S.C. 3023 (a)(6)); 79 Stat. 222; 83 s t a t. 108. (C) sections 314(a)(2)(F) and (d)(2)(F) and 604(a) °'"'"* '"° (8) of the Public Health Service Act (42 U.S.C. 246(a)(2) 80 Stat, II8I11 (F) and (d)(2)(F) and 291d(a)(8)); and Ante, p» 1308; (D) sections 2(a)(5)(A), 402(a)(5)(A), 505(a)(3)(A), "s'sTaC^sT 1002(a)(5)(A), 1402(a)(5)(A), 1602(a)(5)(A), and 1902 (a)(4)(A) of the Social Security Act (42 U.S.C. 302(a)(5) (A), 602(a)(5)(A), 705(a)(3)(A), 1202(a)(5)(A), 1352 (a)(5)(A),1382(a)(5)(A),andl396a(a)(4)(A));and si Stat. 395. (4) anJ 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) The Commission shall-— Functions. (1) provide consultation and technical advice and assistance to State and local governments to aid them in complying with standards prescribed by the Commission 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 Commission considers will most effectively carry out the purpose of this title. (c) So much of the personnel, property, records, and unexpended Personnel, funds, balances of appropriations, allocations, and other funds of any Fed- c^ommuTio^n.'^*" eral agency employed, used, held, available, or to be made available in connection with the functions, powers, and duties vested in the Commission by this section as the Director of the Management and Budget shall determine shall be transferred to the Commission at such time or times as the Director shall direct.

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[84 STAT.

(d) Personnel standards prescribed by Federal agencies under laws and regulations referred to m subsection (a) of this section shall continue in effect until modified or superseded by standards prescribed by the Commission under subsection (a) of this section. (e) 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. (f) Nothing in this section or in section 202 or 203 of this Act 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 infonnation 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. Effective date. ^g^ Thls section shall become effective sixty days after the date of enactment of this Act. TITLE III — T R A I N I N G AND D E V E L O P I N G S T A T E AND LOCAL E M P L O Y E E S DECLARATION OF PURPOSE

SEC. 301. The purpose of this title is to strengthen the training and development of State and local government employees and officials, particularly in professional, administrative, and technical fields. ADMISSION TO FEDERAL E M P L O Y E E T R A I N I N G PROGRAMS

SEC. 302. (a) In accordance with such conditions as may be prescribed by the head of the Federal agency concerned, a Federal agency may admit State and local government employees and officials to agency training programs established for Federal professional, administrative, or technical personnel.

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(b) Federal agencies may waive, in whole or in part, payments from, Training costs;, or on behalf of. State and local governments for the costs of training '^^"•* provided under this section. Payments received by the Federal agency concerned for training under this section shall be credited to the appropriation or fund used for paying the training costs. (c) The Commission may use appropriations authorized by this Act initial costs, to pay the initial additional developmental or overhead costs that are P^^"*®"** incurred by reason of admittance of State and local government employees to Federal training courses and to reimburse other Federal agencies for such costs. GRANTS TO STATE AND LOCAL GOVERNMENTS FOR T R A I N I N G

SEC. 303. (a) If in its judgment training is not adec[uately provided for under grant-in-aid or other statutes, the Commission 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 Act, 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 (l) - (6) of the third paragraph of section 2 of this Act, 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 305 of this Act, 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) An application for a grant from a State or general local govern- Application, inment shall be made at such time or times, and shall contain such mentt?°" requireinformation, as the Commission may prescribe. The Commission 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 Commission. 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— Provisions. (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 gov-

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con'iuonT"''

PUBLIC LAW 91-648-JAN 5, 1971

[84

STAT.

ernment expenditures or the substitution of Federal funds for State or local funds previously made available for these purposes. (c) 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 Act, 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 (l) - (6) of the third paragraph of section 2 of this Act, to train and educate their professional, administrative, and technical employees '^^^^ officials, Sucli 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 admmister 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 506(a). 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 513, or the date on which official regulations for this Act 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 513, or the date on which official regulations for this Act 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 Commission, and the requirements of subsection (d) of this section. The Commission 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.

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(d) An application to be submitted to the Commission under sub- Gubernatorial section (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 section 303(b)(1) of this Act 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 Commission. 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 Commission 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 Disapproval exGovernor of a State by the Commission whenever the Commission pi^nation. does not concur with recommendations of the Governor in approving any local government applications. GRANTS TO OTHER

ORGANIZATIONS

SEC. 304. (a) The Commission is authorized to make grants to other organizations to pay 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 Act, up to 50 per centum) of the costs of providing training to professional, administrative, or technical employees and officials of State or local governments if the Commissioncondition.. (1) finds that State or local governments have requested the proposed program; (2) determines that the capability to provide such training does not exist, or is not readily available, within the Federal or the State or local governments requesting such program or within associations of State or local governments, or if such capability does exist that such government or association is not disposed to provide such training; and (3) approves the program as meeting such requirements as may be prescribed by the Commission in its regulations pursuant to this Act. (b) For the purpose of this section "other organization" means— ^aUoL^f/ °''^^"'" (1) a national, regional, statewide, areawide, or metropolitan organization, representing member State or local governments; ^2) an association of State or local public officials; or (3) a nonprofit organization one of whose principal functions is to offer professional advisory, research, development, educational or related services to governments. G O V E R N M E N T SERVICE F E L L O W S H I P S

SEC. 305. (a) The Commission is authorized to make grants to State and general local governments to support programs approved by the Commission for providing Government Service Fellowships for State and local government personnel. The grants may cover— (1) the necessary costs of the fellowship recipient's books, travel, and transportation, and such related expenses as may be authorized by the Commission; (2) reimbursement to the State or local government for not to exceed one-fourth of the salary of each fellow during the period of the fellowship; and

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[84 STAT.

(3) payment to the educational institutions involved of such amounts as the Commission determines to be consistent with prevailing practices under comparable federally supported programs for each fellow, less any amount charged the fellow for tuition and nonrefundable fees and deposits. (b) Fellowships awarded under this section may not exceed two years of full-time graduate-level study for professional, administrative, and technical employees. The regulations of the Commission shall include eligibility criteria for the selection of fellowship recipients by State and local governments. (c) The State or local government concerned shall— (1) select the individual recipients of the fellowships; (2) during the period of the fellowship, continue the full salary of the recipient and normal employment benefits such as credit for seniority, leave accrual, retirement, and insurance; and (3) make appropriate plans for the utilization and continuation in public service of employees completing fellowships and outline such plans in the application for the grant. COORDINATION OF FEDERAL PROGRAMS

82 Stat. 1043.

SEC. 306. The Commission, after consultation with other agencies concerned, shall— (1) prescribe regulations concerning administration of training for employees and officials of State and local governments provided for in this title, including requirements for coordination of and reasonable consistency in such training f)rograms; (2) coordinate the training support given to State and local governments under authority of this Act with training support given such governments under other Federal programs; and (3) make such arrangements, including the collection and maintenance of data on training grants and programs, as may be necessary to avoid duplication of programs providing for training and to insure consistent administration of related Federal training activities, with particular regard to title IX of the Higher Education Act of 1965.

20 USC 1134.

TITLE IV — M O B I L I T Y O F FEDERAL, S T A T E, A N D LOCAL EMPLOYEES DECLARATION OF P U R P O S E

SEC. 401. The purpose of this title is to provide for the temporary assignment of personnel between the Federal Government and State and local governments and institutions of higher education. AMENDMENTS TO TITLE 5, UNITED STATES CODE

80 Stat. 417. 5 USC 3301.

SEC. 402. (a) Chapter 33 of title 5, United States Code, is amended Yfj inserting the following new subchapter at the end thereof: "SUBCHAPTER VI—ASSIGNMENTS TO AND FROM STATES

"§ 3371. Definitions "For the purpose of this subchapter— "(1) 'State'means— " (A) a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States; and

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" (B) an instrumentality or authority of a State or States as defined in subparagraph (A) of this paragraph (1) and a Federal-State authority or instrumentality; and " (2) 'local government' means— " (A) any political subdivision, instrumentality, or authority of a State or States as defined in subparagraph (A) of paragraph (1); and " (B) any general or special purpose agency of such a political subdivision, instrumentality, or authority. "§ 3372. General provisions " (a) On request from or with the concurrence of a State or local government, and with the consent of the employee concerned, the head of an executive agency may arrange for the assignment of— "(1) an employee of his agency to a State or local government; and "(2) an employee of a State or local government to his agency; for work of mutual concern to his agency and the State or local government that he determines will be beneficial to both. The period of an assignment under this subchapter may not exceed two years. However, the head of an executive agency may extend the period of assignment for not more than two additional years. " (b) This subchapter is authority for and applies to the assignment of— "(1) an employee of an executive agency to an institution of higher education; and "(2) an employee of an institution of higher education to an executive agency. "§ 3373. Assignment of employees to State and local governments " (a) An employee of an executive agency assigned to a State or local government under this subchapter is deemed, during the assignment, to be either— " (1) on detail to a regular work assignment in his agency; or "(2) on leave without pay from his position in the agency. An employee assigned either on detail or on leave without pay remains an employee of his agency. The Federal Tort Claims Act and any other Federal tort liability statute apply to an employee so assigned. The supervision of the duties of an employee on detail may be governed by agreement between the executive agency and the State or local government concerned. "(b) The assignment of an employee of an executive agency either on detail or on leave without pay to a State or local government under this subchapter may be made with or without reimbursement by the State or local government for the travel and transportation expenses to or from the place of assignment and for the pay, or supplemental pay, or a part thereof, of the employee during assignment. Any reimbursements shall be credited to the appropriation of the executive agency used for paying the travel and transportation expenses or pay. "(c) For any employee so assigned and on leave without pay— " (1) if the rate of pay for his employment by the State or local government is less than the rate of pay he would have received had he continued in his regular assignment in the agency, he is entitled to receive supplemental pay from the agency in an amount equal to the difference between the State or local government rate and the agency rate; " (2) he is entitled to annual and sick leave to the same extent as if he had continued in his regular assignment in the agency; and

1921

60 Stat. 8 4 2. 28 USC 2 6 7 1.

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80 Stat. 592. 8901. ^ ^'

5 USC 8501.

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[84 STAT.

'*(3) he is entitled, notwithstanding other statutes— " (A) to continuation of his insurance under chapter 87 of tMs title, and coverage under chapter 89 of this title or other applicable authority, so long as he pays currently into the Employee's Life Insurance Fund and the Employee's Health Benefits Fund or other applicable health benefits system (through his employing agency) the amount of the employee contributions; " (B) to credit the period of his assignment under this subchapter toward periodic step-increases, retention, and leave accrual purposes, and, on payment into the Civil Service Retirement and Disability F u n d or other applicable retirement system of the percentage of his State or local government pay, and of his supplemental pay, if any, that would have been deducted from a like agency pay for the period of the assignment and payment by the executive agency into the fund or system of the amount that would have been payable by the agency during the period of the assignment with respect to a like agency pay, to treat his service during that period as service of the type performed in the agency immediately before his assignment; and " (C) for the purpose of subchapter I of chapter 85 of this title, to credit the service performed during the period of his assignment under this subchapter as Federal service, and to consider his State or local government pay (and his supplemental pay, if any) as Federal wages. To the extent that the service could also be the basis for entitlement to unemployment compensation under a State law, the employee may elect to claim unemployment compensation on the basis of the service under either the State law or subchapter I of chapter 85 of this title. However, an employee or his beneficiary may not receive benefits referred to in subparagraphs (A) and (B) of this paragraph (3), based on service during an assignment under this subchapter for which the employee or, if he dies without making such an election, his beneficiary elects to receive benefits, under any State or local government retirement or insurance law or program, which the Civil Service Commission determines to be similar. The executive agency shall deposit currently in the Employee's Life Insurance Fund, the Employee's Health Benefits Fund or other applicable health benefits system, respectively, the amount of the Government's contributions on account of service with respect to which employee contributions are collected as provided in subparagraphs (A) and (B) of this paragraph (3). " (d)(1) An employee so assigned and on leave without pay who dies or suffers disability as a result of personal injury sustained while in the performance of his duty during an assignment under this subchapter shall be treated, for the purpose of subchapter I of chapter 81 of this title, as though he were an employee as defined by section 8101 of this title who had sustained the injury in the performance of duty. When an employee (or his dependents in case of death) entitled by reason of injury or death to benefits under subchapter I of chapter 81 of this title is also entitled to benefits from a State or local government for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. The election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may allow for reasonable cause shown.

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When made, the election is irrevocable unless otherwise provided by law. "(2) An employee who elects to receive benefits from a State or local government may not receive an annuity under subchapter III of chapter 83 of this title and benefits from the State or local government for injury or disability to himself covering the same period of time. This provision does not— " (A) bar the right of a claimant to the greater benefit conferred by either the State or local government or subchapter III of chapter 83 of this title for any part of the same period of time; " (B) deny to an employee an annuity accruing to him under subchapter III of chapter 83 of this title on account of service performed by him; or " (C) deny any concurrent benefit to him from the State or local government on account of the death of another individual. "§3374. Assignments of employees from State or local governments " (a) An employee of a State or local government who is assigned to an executive agency under an arrangement under this subchapter

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" (1) be appointed in the executive agency without regard to the provisions of this title governing appointment in the competitive service for the agreed period of the assignment; or " (2) be deemed on detail to the executive agency. " (b) An employee given an appointment is entitled to pay in accordance with chapter 51 and subchapter III of chapter 53 of this title or ^L^^^ ^^°^' other applicable law, and is deemed an employee of the executive agency for all purposes except— "(1) subchapter III of chapter 83 of this title or other applicable retirement system; "(2) chapter 87 of this title; and "(3) chapter 89 of this title or other applicable health benefits system unless his appointment results in the loss of coverage in a group health benefits plan the premium of which has been paid in whole or in part by a State or local government contribution. "(c) During the period of assignment, a State or local government employee on detail to an executive agency— " (1) is not entitled to pay from the agency; "(2) is deemed an employee of the agency for the purpose of chapter 73 of this title, sections 203,205,207,208,209,602,603,606, 607, 643, 654, 1905, and 1913 of title 18, section 638a of title 31, 76 Stat. 1121. and the Federal Tort Claims Act and any other Federal tort H H^*^ gj^* liability statute; and eo stat! 842*. "(3) is subject to such regulations as the President may 28 USC 2671, prescribe. The supervision of the duties of such an employee may be governed by agreement between the executive agency and the State or local government concerned. A detail of a State or local government employee to an executive agency may be made with or without reimbursement by the executive agency for the pay, or a part thereof, of the employee during the period of assignment. " (d) A State or local government employee who is given an appointment in an executive agency for the period of the assignment or who is on detail to an executive agency and who suffers disability or dies as a result of personal injury sustained while in the performance of his duty during the assignment shall be treated, for the purpose of

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80 Stat. 497. 5 USC 5701.

80 Stat. 502; 51 Stat. 204,

Nonallowable expenses.

Expenses recoverable by U.S.

PUBLIC LAW 91-648-JAN. 5, 1971

[84 STAT.

subchapter I of chapter 81 of this title, as though he were an employee as defined by section 8101 of this title who had sustained the injury in the performance of duty. When an employee (or his dependents in case of death) entitled by reason of injury or death to benefits under subchapter I of chapter 81 of this title is also entitled to benefits from a State or local government for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. The election shall be made within 1 year after the injury or death, or such further time as the Secretary of Labor may allow for reasonable cause shown. When made, the election is irrevocable unless otherwise provided by law. "(e) If a State or local government fails to continue the employer's contribution to State or local government retirement, life insurance, and health benefit plans for a State or local government employee who is given an appointment in an executive agency, the employer's contributions covering the State or local government employee's period of assignment, or any part thereof, may be made from the appropriations of the executive agency concerned. "§ 3375. Travel expenses " (a) Appropriations of an executive agency are available to pay, or reimburse, a Federal or State or local government employee in accordance with—• "(1) subchapter I of chapter 57 of this title, for the expenses of— " (A) travel, including a per diem allowance, to and from the assignment location; " (B) a per diem allowance at the assignment location during the period of the assignment; and " (C) travel, including a per diem allowance, while traveling on official business away from his designated post of duty during the assignment when the head of the executive agency considers the travel in the interest of the United States; "(2) section 5724 of this title, for the expenses of transportation of his immediate family and of his household goods and personal effects to and from the assignment location; "(3) section 5724a(a)(1) of this title, for the expenses of per diem allowances for the immediate family of the employee to and from the assignment location; "(4) section 5724a(a)(3) of this title, for subsistence expenses of the employee and his immediate family while occupying temporary quarters at the assignment location and on return to his former post of duty; and "(5) section 5726(c) of this title, for the expenses of nontemporary storage of household goods and personal effects in connection with assignment at an isolated location. "(b) Expenses specified in subsection (a) of this section, other than those in paragraph (1)(C), may not be allowed in connection with the assignment of a Federal or State or local government employee under this subchapter, unless and until the employee agrees in writing to complete the entire period of his assignment or one year, whichever is shorter, unless separated or reassigned for reasons beyond his control that are acceptable to the executive agency concerned. If the employee violates the agreement, the money spent by the United States for these expenses is recoverable from the employee as a debt due the United States. The head of the executive agency concerned may waive in whole or in part a right of recovery under this subsection with

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respect to a State or local government employee on assignment with the agency. "(c) Appropriations of an executive agency are available to pay expenses under section 5742 of this title with respect to a Federal or State or local government employee assigned under this subchapter. "§3376. Regulations "The President may prescribe regulations for the administration of this subchapter." (b) The analysis of chapter 33 of title 5, United States Code, is amended by inserting the following at the end thereof: "Sec. "3371. "3372. "3373. "3374. "3375. "3376.

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"SUBCHAPTER VI — A S S I G N M E N T S TO AND FROM STATES

Definitions. General provisions. Assignments of employees to State or local governments. Assignments of employees from State or local governments. Travel expenses. Regulations." REPEAL o r

SPECIAL A U T H O R I T I E S

SEC. 403. The Act of August 2, 1956, as amended (7 U.S.C. 18811888), section 553 of the Act of April 11, 1965 as amended (20 U.S.C. 70 Stat. 934. 867), and section 314(f) of the Public Health Service Act (42 U.S.C. Jo"usc*8Mb*. 246(f)) (less applicability to commissioned officers of the Public so Stat. iisi*. Health Service) are hereby repealed. SEC. 404. This title shall become effective sixty days after the date Effective date. of enactment of this Act. TITLE V—GENERAL PROVISIONS DECLARATION O F

PURPOSE

SEC. 501. The purpose of this title is to provide for the general administration of titles I, II, III, and V of this Act (hereinafter referred to as "this Act"), and to provide for the establishment of certain advisory committees. DEFINITIONS

SEC. 502. For the purpose of this Act— (1) "Commission" means the United States Civil Service Commission; (2) "Federal agency" means an executive department, military department, independent establishment, or agency in the executive branch of the Government of the United States, including Government owned or controlled corporations; (3) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States, and includes interstate and Federal-interstate agencies but does not include the governments of the political subdivisions of a State; and (4) "local government" means a city, town, county, or other subdivision or district of a State, including agencies, instrumentalities, and authorities of any of the foregoing and any combination of such units or combination of such units and a State. A "general local government" means a city, town, county, or comparable general-purpose political subdivision of a State.

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PUBLIC LAW 91-648-JAN. 5, 1971 GENERAL ADMINISTRATIVE

79 Stat. 1219. 20 USC 1 0 0 1.

[84

STAT.

PROVISIONS

SEC. 503. (a) Unless otherwise specifically provided, the Commission shall administer this Act. (b) The Commission shall furnish such advice and assistance to State and local governments as may be necessary to carry out the purposes of this Act. (c) I n the performance of, and with respect to, the functions, powers, and duties vested in it by this Act, the Commission may— (1) issue such standards and regulations as may be necessary to carry out the purposes of this Act; (2) consent to the modification of any contract entered into pursuant to this Act, such consent being subject to any specific limitations of this Act; (3) include in any contract made pursuant to this Act such covenants, conditions, or provisions as it deems necessary to assure that the purposes of this Act will be achieved; and (4) utilize the services and facilities of any Federal agency, any State or local government, and any other public or nonprofit agency or institution, on a reimbursable basis or otherwise, in accordance with agreements between the Commission and the head thereof. (d) I n the performance of, and with respect to the functions, powers, and duties vested in it by this Act, the Commission— (1) may collect information from time to time with respect to State and local government training programs and personnel administration improvement programs and projects under this Act, and make such information available to interested groups, organizations, or agencies, public or private; (2) may conduct such research and make such evaluation as needed for the efficient administration of this Act; (3) shall include in its annual report a report of the administration of this Act; and (4) shall make such arrangements as may be necessary to avoid duplication of programs providing for training and to insure consistent administration of the related Federal training activities, with particular regard to title I of the Higher Education Act of 1965. (e) The provisions of this Act are not a limitation on existing authorities under other statutes but are in addition to any such authorities, unless otherwise specifically provided in this Act. REPORTING REQUIREMENTS

State or local governments.

Organizations.

SEC. 504. (a) A State or local government office designated to administer a program or project under this Act shall make reports and evaluations in such form, at such times, and containing such information concerning the status and application of Federal funds and the operation of the approved program or project as the Commission may require, and shall keep and make available such records as may be required by the Commission for the verification of such reports and evaluations. (b) A n organization which receives a training grant under section 304 of this Act shall make reports and evaluations in such form, at such times, and containing such information concerning the status and application of Federal grant funds and the operation of the training program as the Commission may require, and shall keep and make available such records as may be required by the Commission for the verification of such reports and evaluations.

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REVIEW A N D A U D I T

SEC. 505. The Commission, the head of the Federal agency concerned, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers, and records of a grant recipient that are pertinent to the grant received. DISTRIBUTIOlSr OF GRANTS

SEC. 506. (a) The Commission shall allocate 20 per centum of the state andiocai total amount available for grants under this Act in such manner as cathoi^T^"*^' ^"°* 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 Act, and the potential of the governmental jurisdictions concerned to use the funds most effectively. (b)(i) The Commission shall allocate 80 per centum of the total amount available for grants under this Act 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 Commission 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 Commission 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 Minimum aiioneeds of local governments in each State (other than the District of Columbia) 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 Commission 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 Commission may fix. (4) The amount allocated for any State under paragraph (1) of Reallocation, this subsection which the Commission determines, on the basis of information available to it, will not be used shall be available for reallocation by the Commission 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 Commission 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 "state." States of the United States and the District of Columbia. (c) Notwithstanding the other provisions of this section, the total ^^^^^"'*"'^' ^^"^"3of the payments from the appropriations for any fiscal year under this Act made with respect to programs or projects in any one State may not exceed an amount equal to lYo per centum of such appropriation.

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PUBLIC LAW 91-648-J.\N. 5, 1971 TERMINATION

[84 STAT.

OF GRANTS

SEC. 507. Whenever the Commission, after giving reasonable notice and opportunity for hearing to the State or general local government concerned, finds— (1) that a program or project has been so changed that it no longer complies with the provisions of this Act; or (2) that in the operation of the program or project there is a failure to comply substantially with any such provision; the Commission shall notify the State or general local government of its findings and no further payments may be made to such government by the Commission until it is satisfied that such noncompliance has been, or will promptly be, corrected. However, the Commission may authorize the continuance of payments to those projects approved under this Act which are not involved in the noncompliance. ADVISORY

COMMITTEES

SEC. 508. (a) The Commission may appoint, without regard to the 80 Stat. 378. provisioiis of title 5, United States Code, governing appointments 5 USC loiefseq. j^^ ^j^^ Competitive service, such advisory committee or committees as it may determine to be necessary to facilitate the administration of this Act. (b) Members of advisory committees who are not regular full-time employees of the United States, while serving on the business of the committees including traveltime may receive compensation at rates Ante, p. 198-1. iiot exceeding the daily rate for GS-18; and while so serving away from their homes or regular places of business may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by 80 Stat. 499; section 5703 of title 5, United States Code, for individuals in the 83 Stat. 190. Government service employed intermittently. APPROPRIATION

AUTHORIZATION

SEC. 509. There are authorized to be appropriated, without fiscal year limitation, such sums as may be necessary to carry out the programs authorized by this Act. REVOLVING

83 Stat. 851.

FUND

SEC. 510. Section 1304(e) of title 5, United States Code (relating to the revolving fund of the Civil Service Commission), is amended— (1) by striking out "of $4,000,000"' in paragraph (1); and (2) by inserting ", which appropriations are hereby authorized'' immediately before the semicolon at the end of paragraph (2)(A). L I M I T A T I O N S O N AVAILABILITY OF F U N D S FOR COST S H A R I N G

SEC. 511. Federal funds made available to State or local governments under other programs may not be used by the State or local government for cost-sharing purposes under grant provisions of this Act, except that Federal funds of a program financed wholly by Federal funds may be used to pay a pro-rata share of such cost sharing. State or local government funds used for cost sharing on other federally assisted programs may not be used for cost sharing under grant provisions of this Act.

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METHOD OF P A Y M E N T

SEC. 512. Payments under this Act may be made in installments, and in advance or by way of reimbursement, as the Commission may determine, with necessary adjustments on account of overpayments or underpayments. EFFECTIVE DATE OF GRANT PROVISIONS

SEC. 513. Grant provisions of this Act shall become effective one hundred and eighty days following the date of enactment of this Act. Approved January 5, 1971.

Public Law 91-649 AN ACT To change the name of certain projects for navigation and other purposes on the Arkansas River.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Arkansas River navigation and comprehensive development project authorized by the Act entitled "An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes", approved June 28, 1938 (52 Stat. 1215), as amended and supplemented, shall be known and designated hereafter as the McClellan-Kerr Arkansas River navigation system. (b) Lock and dam number 1, Arkansas, on the Arkansas Post Canal approximately two thousand feet from the White River shall be known and designated hereafter as the Norrell lock and dam. (c) The canal connecting the White River at river mile 10 with the Arkansas River at river mile 41.6 shall be known and designated hereafter as the Arkansas Post Canal. (d) The water area on the Arkansas River, main channel, created by the cutoff at Boyds Point and a closure at the upstream end of the former channel, at Pine Bluff, Arkansas, shall be known and designated hereafter as Lake Langhofer. (e) Lock and dam number 7, Arkansas River at Little Rock, Arkansas, shall be known and designated hereafter as Murray lock and dam. (f) Lock and dam number 8, Arkansas River at Conway, Arkansas, shall be known and designated hereafter as Toad Suck Ferry lock and dam. (g) Lock and dam number 10, Arkansas River in the vicinity of Russellville and Dardanelle, Arkansas, shall be known and designated hereafter as Dardanelle lock and dam, and the reservoir created by Dardanelle Dam shall be known and designated hereafter as Lake Dardanelle. (h) The public overlook on the left descending river bank approximately one thousand six hundred feet upstream of Dardanelle Dam shall be known and designated hereafter as Caudle Overlook. SEC. 2. Any law, regulation, map, document, or record of the United States in which any project, lock, dam, reservoir, canal, or overlook named in this Act is referred to, shall be held to refer to such project, lock, dam, reservoir, canal, or overlook by the name designated for it by this Act. Approved January 5, 1971.

January 5, 1971 [ H. R. 13493]

McClellan-Kew Arkansas River navigation sys> tem< Designation.

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