42 U.S.C. § 3122 — Definitions

Page 5846 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3122 retary of the Treasury, Secretary of Homeland Secu- rity, Director of the Office of Management and Budget, Director of National Drug Control Policy, Adminis- trator of General Services, Administrator of the Small Business Administration, Administrator of the Envi- ronmental Protection Agency, or their designees, and such other senior executive branch officials as may be determined by the Co-Chairs of the Task Force. The Secretaries of the Treasury, Agriculture, and Labor shall Co-Chair the Task Force, rotating annually. The agency chairing the Task Force will provide adminis- trative support for the Task Force. (c) The purpose of the Task Force is to coordinate and better leverage existing Administration efforts for the Southwest Border, in concert with locally led ef- forts, in order to increase the living standards and the overall economic profile of the Southwest Border so that it may achieve the average of the Nation. Specifi- cally, the Task Force shall: (1) analyze the existing programs and policies of Task Force members that relate to the Southwest Border to determine what changes, modifications, and innova- tions should be considered; (2) consider statistical and data analysis, research, and policy studies related to the Southwest Border; (3) develop and recommend short-term and long-term options for promoting sustainable economic develop- ment; (4) consult and coordinate activities with State, trib- al, and local governments, community leaders, Mem- bers of Congress, the private sector, and other inter- ested parties, paying particular attention to maintain- ing existing authorities of the States, tribes, and local governments, and preserving their existing working re- lationships with other agencies, organizations, or indi- viduals; (5) coordinate and collaborate on research and dem- onstration priorities of Task Force member agencies related to the Southwest Border; (6) integrate Administration initiatives and programs into the design of sustainable economic development actions for the Southwest Border; and (7) focus initial efforts on pilot communities for im- plementing a coordinated and expedited Federal re- sponse to local economic development and other needs. (d) The Task Force shall issue an interim report to the Vice President by November 15, 1999. The Task Force shall issue its first annual report to the Vice President by April 15, 2000, with subsequent reports to follow yearly and a final report on April 15, 2002. The reports shall describe the actions taken by, and progress of, each member of the Task Force in carrying out this order. The Task Force shall terminate 30 days after submitting its final report unless a Task Force consensus recommends continuation of activities. SEC. 2. Specific Activities by Task Force Members and Other Agencies. The agencies represented on the Task Force shall work together and report their actions and progress in carrying out this order to the Task Force Chair 1 month before the reports are due to the Vice President under section 1(d) of this order. SEC. 3. Cooperation. All efforts taken by agencies under sections 1 and 2 of this order shall, as appro- priate, further partnerships and cooperation with orga- nizations that represent the Southwest Border and with State and local governments. SEC. 4. (a) ‘‘Agency’’ means an executive agency as de- fined in 5 U.S.C. 105. (b) The ‘‘Southwest Border’’ or ‘‘Southwest Border region’’ is defined as including the areas up to 150 miles north of the United States-Mexican border in the States of Arizona, New Mexico, Texas, and California. SEC. 5. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agen- cies, its officers, or any person. § 3122. Definitions In this chapter: (1) Blue economy The term ‘‘blue economy’’ means the sus- tainable use of marine, lake, or other aquatic resources in support of economic development objectives. (2) Capacity building The term ‘‘capacity building’’ includes all activities associated with early stage commu- nity-based project formation and conceptualization, prior to project predevelopment activity, including grants to local community organizations for planning participation, community outreach and en- gagement activities, research, and mentorship support to move projects from formation and conceptualization to project predevelopment. (3) Comprehensive economic development strategy The term ‘‘comprehensive economic develop- ment strategy’’ means a comprehensive eco- nomic development strategy approved by the Secretary under section 3162 of this title. (4) Department The term ‘‘Department’’ means the Depart- ment of Commerce. (5) Economic development district (A) In general The term ‘‘economic development dis- trict’’ means any area in the United States that— (i) is composed of areas described in sec- tion 3161(a) of this title and, to the extent determined appropriate by the Secretary, neighboring counties or communities; and (ii) has been designated by the Secretary as an economic development district under section 3171 of this title. (B) Inclusion The term ‘‘economic development dis- trict’’ includes any economic development district designated by the Secretary under section 3173 of this title (as in effect on the day before the effective date of the Eco- nomic Development Administration Reform Act of 1998). (6) Eligible recipient (A) In general The term ‘‘eligible recipient’’ means— (i) an economic development district; (ii) an Indian tribe; (iii) a State; (iv) a city or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political sub- divisions; (v) an institution of higher education or a consortium of institutions of higher edu- cation; (vi) a public or private nonprofit organi- zation or association acting in cooperation with officials of a political subdivision of a State; (vii) an economic development organiza- tion; or Page 5847 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3122 (viii) a public-private partnership for public infrastructure. (B) Training, research, and technical assist- ance grants In the case of grants under section 3147 of this title, the term ‘‘eligible recipient’’ also includes private individuals and for-profit organizations. (7) Federal agency The term ‘‘Federal agency’’ means a depart- ment, agency, or instrumentality of the United States. (8) Grant The term ‘‘grant’’ includes a cooperative agreement (within the meaning of chapter 63 of title 31). (9) Indian tribe The term ‘‘Indian tribe’’ means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or Regional Corporation (as de- fined in or established under the Alaska Na- tive Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their sta- tus as Indians. (10) Outdoor recreation The term ‘‘outdoor recreation’’ means all recreational activities, and the economic driv- ers of those activities, that occur in nature- based environments outdoors. (11) Project predevelopment The term ‘‘project predevelopment’’ means a measure required to be completed before the initiation of a project, including— (A) planning and community asset map- ping; (B) training; (C) technical assistance and organizational development; (D) feasibility and market studies; (E) demonstration projects; and (F) other predevelopment activities deter- mined by the Secretary to be appropriate. (12) Regional Commission The term ‘‘Regional Commission’’ means any of the following: (A) The Appalachian Regional Commission established by section 14301(a) of title 40. (B) The Delta Regional Authority estab- lished by section 2009aa–1(a)(1) of title 7. (C) The Denali Commission established by section 303(a) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277). (D) The Great Lakes Authority established by section 15301(a)(4) of title 40. (E) The Mid-Atlantic Regional Commis- sion established by section 15301(a)(5) of title 40. (F) The Northern Border Regional Com- mission established by section 15301(a)(3) of title 40. (G) The Northern Great Plains Regional Authority established by section 2009bb–1(a)(1) of title 7. (H) The Southeast Crescent Regional Com- mission established by section 15301(a)(1) of title 40. (I) The Southern New England Regional Commission established by section 15301(a)(6) of title 40. (J) The Southwest Border Regional Com- mission established by section 15301(a)(2) of title 40. (13) Secretary The term ‘‘Secretary’’ means the Secretary of Commerce. (14) State The term ‘‘State’’ means a State, the Dis- trict of Columbia, the Commonwealth of Puer- to Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (15) Travel and tourism The term ‘‘travel and tourism’’ means any economic activity that primarily serves to en- courage recreational or business travel in or to the United States, including activities re- lating to public or nonprofit entertainment venues in the United States. (16) United States The term ‘‘United States’’ means all of the States. (17) University center The term ‘‘university center’’ means an in- stitution of higher education or a consortium of institutions of higher education established under section 3147(c)(1) of this title. (Pub. L. 89–136, § 3, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3599; amended Pub. L. 108–373, title I, § 102, Oct. 27, 2004, 118 Stat. 1758; Pub. L. 118–272, div. B, title II, § 2211(a), Jan. 4, 2025, 138 Stat. 3177.) Editorial Notes REFERENCES IN TEXT Section 3173 of this title (as in effect on the day be- fore the effective date of the Economic Development Administration Reform Act of 1998), referred to in par. (5)(B), means section 3173 of this title prior to its repeal by Pub. L. 105–393, § 102(a). See Prior Provisions note set out under section 3173 of this title and section 105 of Pub. L. 105–393, set out as an Effective Date note under section 3121 of this title. The Alaska Native Claims Settlement Act, referred to in par. (9), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. PRIOR PROVISIONS A prior section 3122, Pub. L. 91–524, title IX, § 901, Nov. 30, 1970, 84 Stat. 1383; Pub. L. 92–419, title VI, § 601, Aug. 30, 1972, 86 Stat. 674; Pub. L. 94–273, § 7(3), Apr. 21, 1976, 90 Stat. 378; Pub. L. 96–355, § 6, Sept. 24, 1980, 94 Stat. 1174, which related to priority to be given to revitaliza- tion and development of rural areas, was transferred to section 2204b–1 of Title 7, Agriculture. AMENDMENTS 2025—Pars. (1), (2). Pub. L. 118–272, § 2211(a)(2), added pars. (1) and (2). Former pars. (1) and (2) redesignated (3) and (4), respectively. Page 5848 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3123 Pars. (3) to (5). Pub. L. 118–272, § 2211(a)(1), redesig- nated pars. (1) to (3) as (3) to (5), respectively. Former pars. (4) and (5) redesignated (6) and (7), respectively. Par. (5)(A)(i). Pub. L. 118–272, § 2211(a)(3), substituted ‘‘to the extent determined appropriate by the Sec- retary’’ for ‘‘to the extent appropriate’’. Par. (6). Pub. L. 118–272, § 2211(a)(1), redesignated par. (4) as (6). Former par. (6) redesignated (8). Par. (6)(A)(vii), (viii). Pub. L. 118–272, § 2211(a)(4), added cls. (vii) and (viii). Pars. (7) to (9). Pub. L. 118–272, § 2211(a)(1), redesig- nated pars. (5) to (7) as (7) to (9), respectively. Former pars. (8) and (9) redesignated (12) and (13), respectively. Pars. (10), (11). Pub. L. 118–272, § 2211(a)(5), added pars. (10) and (11). Former pars. (10) and (11) redesignated (14) and (16), respectively. Par. (12). Pub. L. 118–272, § 2211(a)(6), added par. (12) and struck out former par. (12), as redesignated from par. (8), which defined Regional Commissions to include Appalachian Regional Commission, Delta Regional Au- thority, Denali Commission, and Northern Great Plains Regional Authority. Pub. L. 118–272, § 2211(a)(1), redesignated par. (8) as (12). Former par. (12) redesignated (17). Pars. (13), (14). Pub. L. 118–272, § 2211(a)(1), redesig- nated pars. (9) and (10) as (13) and (14), respectively. Par. (15). Pub. L. 118–272, § 2211(a)(7), added par. (15). Par. (16). Pub. L. 118–272, § 2211(a)(1), redesignated par. (11) as (16). Par. (17). Pub. L. 118–272, § 2211(a)(1), (8), redesignated par. (12) as (17) and substituted ‘‘established under sec- tion 3147(c)(1) of this title’’ for ‘‘established as a Uni- versity Center for Economic Development under sec- tion 3147(a)(2)(D) of this title’’. 2004—Par. (4)(A). Pub. L. 108–373, § 102(a), redesignated cls. (ii) to (vii) as (i) to (vi), respectively, inserted ‘‘, including a special purpose unit of a State or local government engaged in economic or infrastructure de- velopment activities,’’ after ‘‘State’’ in cl. (iv), and struck out cl. (i) which read as follows: ‘‘an area de- scribed in section 3161(a) of this title;’’. Pars. (8) to (12). Pub. L. 108–373, § 102(b), added pars. (8) and (12) and redesignated former pars. (8) to (10) as (9) to (11), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title. § 3123. Discrimination on basis of sex prohibited in federally assisted programs No person in the United States shall, on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to dis- crimination under any program or activity re- ceiving Federal financial assistance under the Public Works and Economic Development Act of 1965 [42 U.S.C. 3121 et seq.]. (Pub. L. 92–65, title I, § 112, Aug. 5, 1971, 85 Stat. 168.) Editorial Notes REFERENCES IN TEXT The Public Works and Economic Development Act of 1965, referred to in text, is Pub. L. 89–136, Aug. 26, 1965, 79 Stat. 552, which is classified generally to this chap- ter (§ 3121 et seq.). For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3121 of this title and Tables. CODIFICATION Section was not enacted as part of the Public Works and Economic Development Act of 1965 which com- prises this chapter. SUBCHAPTER I—ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND CO- ORDINATION § 3131. Establishment of economic development partnerships (a) In general In providing assistance under this subchapter, the Secretary shall cooperate with States and other entities to ensure that, consistent with national objectives, Federal programs are com- patible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strat- egies. (b) Technical assistance The Secretary may provide such technical as- sistance to States, political subdivisions of States, sub-State regional organizations (includ- ing organizations that cross State boundaries), multi-State regional organizations, and non- profit organizations as the Secretary determines is appropriate to— (1) alleviate economic distress; (2) encourage and support public-private partnerships for the formation and improve- ment of economic development strategies that sustain and promote economic development across the United States; and (3) promote investment in infrastructure and technological capacity to keep pace with the changing global economy. (c) Intergovernmental review The Secretary shall promulgate regulations to ensure that appropriate State and local govern- ment agencies have been given a reasonable op- portunity to review and comment on proposed projects under this subchapter that the Sec- retary determines may have a significant direct impact on the economy of the area. (d) Cooperation agreements (1) In general The Secretary may enter into a cooperation agreement with any 2 or more States, or an or- ganization of any 2 or more States, in support of effective economic development. (2) Participation Each cooperation agreement shall provide for suitable participation by other govern- mental and nongovernmental entities that are representative of significant interests in and perspectives on economic development in an area. (Pub. L. 89–136, title I, § 101, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3600; amended Pub. L. 108–373, title I, § 103, Oct. 27, 2004, 118 Stat. 1759.) Editorial Notes PRIOR PROVISIONS A prior section 3131, Pub. L. 89–136, title I, § 101, Aug. 26, 1965, 79 Stat. 552; Pub. L. 91–123, title III, § 301(1), Nov. 25, 1969, 83 Stat. 219; Pub. L. 92–65, title I, § 102, Aug. 5, 1971, 85 Stat. 166; Pub. L. 94–487, title I, § 103, Oct. 12, 1976, 90 Stat. 2331, authorized direct and supple- mentary grants, prior to repeal by Pub. L. 105–393, § 102(a).