An Act 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.
PL 91-648 (S.11), enacted 01/05/1971

Personnel 
administration 
84 STAT. ] 
PUBLIC LAW 91-648-JAN. 5, 1971 
1909 
Public Law 91-648 
AN A C T 
January 5, 1971 
To reinforce the federal system by strengthening the personnel resources of 
[s^JJJ 
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. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled. That this Act may intergovernmental 
J 
*/ 
/ » t _ « 
Pcrsorm©! Act oi 
be cited as the "Intergovernmental Personnel Act of 19^0 . 
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 _ 
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 responsi-
bilities of State and local governments, and (2) to encourage innova-
tion 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. 
1910 
PUBLIC LAW 91-^48-JAN. 5, 1971 
[84 STAT. 
TITLE I—DEVELOPMENT O F POLICIES AND 
STANDARDS 
DECLARATION OF PURPOSE 
SEC. 101. The purpose of this title is to provide for intergovern-
mental cooperation in the development of policies and standards for 
the administration of programs authorized by this Act. 
80 Stat. 378. 
5 u s e 101 
etseq. 
Membership. 
Duties regard-
ing personnel 
policies. 
Ante, 
p. 198-1. 
80 Stat. 499; 
83 Stat. 190. 
ADVISORY COUNCIL, 
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 inter-
governmental 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) It 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 profes-
sional, 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 retain-
ing 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 individ-
uals in the Government service employed intermittently. 
Report to Presi-
dent and Congress, 
REPORTS o r ADVISORY COUNCIL 
SEC. 103. (a) The advisory council on intergovernmental personnel 
policy shall from time to time report to the President and to the Con-
gress its findings and recommendations. 
Presidential re-
port to Congress, 
84 STAT. ] 
PUBLIC LAW 91-648-JAN. 5, 1971 
1911 
(b) Not later than eighteen months after its establishnient, 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 j)rograms; 
(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 incen-
tives to encourage State and local governments in the develop-
ment of comprehensive systems of personnel administration based 
on merit principles. 
(c) In 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. 
TITLE II—STKENGTHENING STATE AND LOCAL 
PERSONNEL ADMINISTRATION 
DECLARATION OF TURPOSE 
SEC. 201. The purpose of this title is to assist State and local govern-
ments to strengthen their staffs by improving their personnel 
administration. 
STATE GOVERNMENT AND STATEWIDE PROGRAMS AND GRANTS 
SEC. 202. (a) The United States Civil Service Commission (herein-
after 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 adminis- 
^"'«' P- 1909. 
tration 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 manage-
ment of their own systems of personnel administration. 
(b) An application for a grant shall be made at such time or times. 
Application. 
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 
Provisions. 
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 admin-
istration where appropriate and the further improvement of 
existing systems based on merit principles; 
ministrative itii' 
provement. 
1912 
PUBLIC LAW 91-643-JAN. 5, 1971 
[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 Govern-
ment 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 
Personnel ad- 
(5) sets forth clear and practicable actions for the improve-
ment of particular aspects of personnel administration such as— 
(A) establishment of statewide personnel systems of gen-
eral 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 pei'sonnel administration techniques, 
including both projects conducted by State and local govern-
ment 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 mem-
bers 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 inter-
change, 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 govern-
ments, 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 develop-
ing and carrying out programs or projects, on the certification of the 
mayor(s), or chief executive ofRcer(s), of the general local govern-
84 STAT. ] 
PUBLIC LAW 91-648-JAN. 5, 1971 
1913 
ment or combination of local governments that the programs or proj-
ects 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 strength-
ening 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 proce-
dures 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 regu-
lations 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 govem-
or 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 pro-
gram or project covered by the application. The Commission may make 
grants to general local governments, or combinations of such govern-
ments, 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 experi-
encing 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 re-
view. 
1914 
PUBLIC LAW 91-648-JAN. 5, 1971 
[84 STAT. 
Disapproval, ex-
planation. 
Potential em-
ployees, certi-
fication. 
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 con-
sidered 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 Gov-
ernor in approving any local government applications. 
INTERGOArERNMENTAL COOPERATION IN" RECRUITING AND EXAMINING 
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 deter-
mined by the Commission, of performing the service, and such pay-
ments 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 assist-
ance, 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 
SEC 206. The Commission, after consultation with other agencies 
concerned, shall— 
(1) coordinate the personnel administration support and tech-
nical 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, main-
tenance, 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. 
84 STAT. ] 
PUBLIC LAW 91-648-JAN. 5, 1971 
1915 
48 Stat. 113. 
INTERSTATE 
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 con-
flict with any law of the United States, for cooperative efforts and 
mutual assistance (including the establishment of appropriate agen-
cies) in connection with the development and administration of 
personnel and training programs for employees and officials of State 
and local governments. 
TRANSFER OF FUNCTIONS 
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)); 
^°^'' P- ^osi, 
(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 ) ) ; 
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 O
f 1963 (42 U.S.C. 2674(a) (6) and 2684 
( a ) ( 6 ) ) ; 
77 Stat. 287,291. 
(B) section 303(a)(6) of the Older Americans Act of 
1965 (42 U.S.C. 3023 (a) (6)); 
7
9 stat. 222; 
(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) 
(F) and (d)(2)(F) and 291d(a) (8)) ; and 
(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) an 
J 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 stand-
ards 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, j)roperty, records, and unexpended Personnel, funds, 
balances of appropriations, allocations, and other funds of any Fed- c
^
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i
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eral agency employed, used, held, available, or to be made available in 
connection with the functions, powers, and duties vested in the Com-
mission 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. 
83 stat. 108. 
80 Stat, II8I11 
Ante, p» 1308; 
1916 
PUBLIC LAW 91-648-JAN. 5, 1971 
[84 STAT. 
(d) Personnel standards prescribed by Federal agencies under laws 
and regulations referred to m subsection (a) of this section shall con-
tinue 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 pro-
visions 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 per-
sonnel 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 organiza-
tions 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, reli-
gion, or national origin, of any of his forebears; 
(5) require or request any State or local government employee, 
or any person applymg for employment as a State or local govern-
ment 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 mar-
riage, 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 sectloii shall become effective sixty days after the date 
of enactment of this Act. 
TITLE III—TRAINING AND DEVELOPING STATE AND 
LOCAL EMPLOYEES 
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 EMPLOYEE TRAINING PROGRAMS 
SEC. 302. (a) In accordance with such conditions as may be pre-
scribed 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. 
84 STAT. ] 
PUBLIC LAW 91-648-JAN. 5, 1971 
1917 
(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 appro-
priation 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 TRAINING 
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 develop-
ing 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, adminis-
trative, 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, in-
ment shall be made at such time or times, and shall contain such mentt?°" require-
information, as the Commission may prescribe. The Commission may 
make a grant under subsection (a) of this section, only if the applica-
tion 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 pro-
gram at the State level; 
(2) provide, to the extent feasible, for coordination with rele-
vant 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-
1918 
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 govern-
ments, 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 develop-
ing and carrying out programs or projects, on the certification of the 
mayor (s), or chief executive officer (s), of the general local govern-
ment or combination of local governments that the programs or proj-
ects 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 
con'iuonT"'' 
'^^^^ 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 strength-
ening 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 sub-
mitting 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 proce-
dures 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 Grovemor 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 commenc-
ing 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 indi-
cates 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 sec-
tion 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 govern-
ments, 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 per-
sonnel training and education related to sucli programs or projects. 
84 STAT. ] 
PUBLIC LAW 91-648-JAN. 5, 1971 
1919 
(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 accom-
panied 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 ex-
Governor 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 
Commission- 
condition.. 
(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, educa-
tional or related services to governments. 
GOVERNMENT SERVICE FELLOWSHIPS 
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 
1920 
PUBLIC LAW 91-648-JAN. 5, 1971 
[84 STAT. 
(3) payment to the educational institutions involved of such 
amounts as the Commission determines to be consistent with pre-
vailing 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, administra-
tive, 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 continua-
tion in public service of employees completing fellowships and 
outline such plans in the application for the grant. 
COORDINATION OF 
FEDERAL PROGRAMS 
SEC. 306. The Commission, after consultation with other agencies 
concerned, shall— 
(1) prescribe regulations concerning administration of train-
ing for employees and officials of State and local governments 
provided for in this title, including requirements for coordina-
tion 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 train-
ing and to insure consistent administration of related Federal 
training activities, with particular regard to title I X of the 
82 Stat. 1043. 
Higher Education Act of 1965. 
20 u s e 1134. 
TITLE IV—MOBILITY OF FEDERAL, STATE, AND LOCAL 
EMPLOYEES 
DECLARATION OF PURPOSE 
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. 
SEC. 402. (a) Chapter 33 of title 5, United States Code, is amended 
5 use 3301. 
Yfj inserting the following new subchapter at the end thereof: 
"SUBCHAPTER VI—ASSIGNMENTS T O AND FROM STATES 
"§ 3371. Definitions 
"For the purpose of this subchapter— 
"(1) 'State'means— 
"(A) a State of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, and a territory or 
possession of the United States; and 
84 STAT. ] 
PUBLIC LAW 91-648-JAN. 5, 1971 
1921 
"(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 author-
ity 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 gov-
ernment 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 gov-
erned 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 reim-
bursements 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 
60 Stat. 842. 
28 u s e 2671. 
1922 
PUBLIC LAW 91-648-JAN. 5, 1971 
[84 STAT. 
'*(3) he is entitled, notwithstanding other statutes— 
"(A) to continuation of his insurance under chapter 87 of 
80 Stat. 592. 
tMs title, and coverage under chapter 89 of this title or other 
8901. 
^ ^' 
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 sub-
chapter toward periodic step-increases, retention, and leave 
accrual purposes, and, on payment into the Civil Service 
Retirement and Disability Fund or other applicable retire-
ment system of the percentage of his State or local govern-
ment 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 
5 use 8501. 
"(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 supple-
mental pay, if any) as Federal wages. To the extent that the 
service could also be the basis for entitlement to unemploy-
ment 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 w^ithout making such an election, his bene-
ficiary 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 para-
graph (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 govern-
ment 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. 
84 STAT. ] 
PUBLIC LAW 91-648-JAN. 5, 1971 
1923 
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 I I I 
of chapter 83 of this title and benefits from the State or local govern- 
l^'Jsc^ssu 
ment 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 I I I 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 I I I 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 govern-
ments 
" (a) An employee of a State or local government who is assigned to 
an executive agency under an arrangement under this subchapter 
" (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 accord-
ance with chapter 51 and subchapter I I I 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 I I I of chapter 83 of this title or other appli-
cable 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 use 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 reim-
bursement 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 appoint-
ment 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 
47-348 0 - 7 2 - 3 8 (Pt. 2) 
1924 
PUBLIC LAW 91-648-JAN. 5, 1971 
[84 STAT. 
80 Stat, 531. 
5 u s e 8101. 
80 Stat. 497. 
5 u s e 5701. 
80 Stat. 502; 
51 Stat. 204, 
Nonallowable 
expenses. 
Expenses re-
coverable by U.S. 
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 insui-ance, 
and health benefit plans for a State or local government employee who 
is given an appointment in an executive agency, the employer's con-
tributions covering the State or local government employee's period 
of assignment, or any part thereof, may be made from the appropria-
tions of the executive agency concerned. 
"§ 3375. Travel expenses 
"(a) Appropriations of an executive agency are available to paj, 
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 dur-
ing the period of the assignment; and 
"(C) travel, including a per diem allowance, while travel-
ing on official business away from his designated post of duty 
during the assignment when the head of the executiv^e agency 
considers the travel in the interest of the United States; 
"(2) section 5724 of this title, for the expenses of transporta-
tion 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 tem-
porary 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 nontem-
porary storage of household goods and personal effects in con-
nection 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 con-
trol 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 
84 STAT. ] 
PUBLIC LAW 91-648-JAN. 5, 1971 
1925 
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 
^o stat. so?. 
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: 
"SUBCHAPTER VI—ASSIGNMENTS T O AND FROM STATES 
"Sec. 
"3371. Definitions. 
"3372. General provisions. 
"3373. Assignments of employees to State or local governments. 
"3374. Assignments of employees from State or local governments. 
"3375. Travel expenses. 
"3376. Regulations." 
REPEAL o r 
SPECIAL AUTHORITIES 
70 Stat. 934. 
SEC. 403. The Act of August 2, 1956, as amended (7 U.S.C. 1881-
1888), section 553 of the Act of April 11, 1965 as amended (20 U.S.C. 
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 OF 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 Gov-
ernment 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, instru-
mentalities, 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. 
1926 
PUBLIC LAW 91-648-JAN. 5, 1971 
[84 STAT. 
79 Stat. 1219. 
20 u s e 1001. 
State or local 
governments. 
Organizations. 
GENERAL ADMINISTRATIVE 
PROVISIONS 
SEC. 503. (a) Unless otherwise specifically provided, the Commis-
sion 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) In 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 pur-
suant to this Act, such consent being subject to any specific limita-
tions 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) In 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 adminis-
tration 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 
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 informa-
tion 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) An 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 train-
ing 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. 
84 STAT. ] 
PUBLIC LAW 91-648-JAN. 5, 1971 
1927 
REVIEW AND AUDIT 
SEC. 505. The Commission, the head of the Federal agency con-
cerned, and the Comptroller General of the United States, or any of 
their duly authorized representatives, shall have access, for the pur-
pose 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 catlioi^T^"*^' ^"°* 
will most nearly provide an equitable distribution of the grants among 
States and between State and local governments, taking into considera-
tion 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 govern-
mental 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 
M
i
n
i
m
u
m aiio-
needs 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 sub-
section which the Commission determines, on the basis of informa-
tion 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 ^^^^^"'*"'^' ^^"^"3-
of 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 l^Yo per centum of such apjoropriation. 
1928 
PUBLIC LAW 91-648-J.\N. 5, 1971 
[84 STAT. 
TERMINATION OF GRANTS 
SEC. 507. Whenever tlie 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 govern-
ment 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 use 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 exceediug 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; 
sectiou 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 pro-
grams authorized by this Act. 
REVOLVING FUND 
83 Stat. 851. 
SEC. 510. Sectioii 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). 
LIMITATIONS ON AVAILABILITY OF FUNDS FOR COST SHARING 
SEC. 511. Federal funds made available to State or local govern-
ments 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 fed-
erally assisted programs may not be used for cost sharing under grant 
provisions of this Act. 
84 STAT. ] 
PUBLIC LAW 91-649-JAN. 5, 1971 
192:9 
METHOD OF PAYMENT 
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 imderpayments. 
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. 
January 5, 1971 
[H.R. 13493] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That (a) the Arkan-
sas River navigation and comprehensive development project author-
ized 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 McClel-
lan-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 here-
after 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 desig-
nated 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 approxi-
mately 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 w^hich 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. 
McClellan-Kew 
Arkansas River 
navigation sys> 
tem< 
Designation.