transfer of functions

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)); (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. 503(a)(1)); (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)); (B) section 303(a)(6) of the Older Americans Act of 1965 (42 U.S.C. 3023(a)(6)); (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), 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),and 1396a(a)(4)(A)); and (4) any other department, agency, office, or officer (other than the President) under any other provision of law or regulation applicable to a program of grant-in-aid that specifically requires the establishment and maintenance of personnel standards on a merit basis with respect to the program; insofar as the functions, powers, and duties relate to the prescription of personnel standards on a merit basis. (b) The Commission shall— (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 sect ion; 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 balances of appropriations, allocations, and other funds of any Federal agency employed, used, held, available, or to be made available in connection with the functions, powers, and duties vested in the 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. 84 Stat. 1916 (d) Personnel standards prescribed by Federal agencies under laws and regulations referred to in subsection (a) of this section shall continue in effect until modified or superseded by standards prescribed by the 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 personnel action with respect to any individual State or local employee; (2) authorize the application of personnel standards on a merit basis to the teaching personnel of educational institutions or school systems; (3) prevent participation by employees or employee organizations in the formulation of policies and procedures affecting the conditions of their employment, subject to the laws and ordinances of the State or local government concerned; (4) require or request any State or local government employee to disclose his race, religion, or national origin, or the race, religion, or national origin, of any of his forebears; (5) require or request any State or local government employee, or any person applying for employment as a State or local government employee, to submit to any interrogation or examination or to take any psychological test, or any polygraph test which is designed to elicit from him information concerning his personal relationship with any person connected with him by Flood 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. (g) This section shall become effective sixty days after the date of enactment of this Act.