42 U.S.C. § 3148 — Investment priorities

Page 5855 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3148 higher education to serve as university cen- ters. (2) Geographic coverage The Secretary shall ensure that the network of university centers established under this subsection provides services in each State. (3) Duties To the maximum extent practicable, a uni- versity center established under this sub- section shall— (A) collaborate with other university cen- ters; (B) collaborate with economic develop- ment districts and other relevant Federal economic development technical assistance and service providers to provide expertise and technical assistance to develop, imple- ment, and support comprehensive economic development strategies and other economic development planning at the local, regional, and State levels, with a focus on innovation, entrepreneurship, workforce development, and regional economic development; (C) provide technical assistance, business development, and technology transfer serv- ices to businesses in the area served by the university center; (D) establish partnerships with 1 or more commercialization intermediaries that are public or nonprofit technology transfer orga- nizations eligible to receive a grant under section 1862s–9 of this title; (E) promote local and regional capacity building; and (F) provide to communities and regions as- sistance relating to data collection and anal- ysis and other research relating to economic conditions and vulnerabilities that can in- form economic development and adjustment strategies. (4) Consideration In making grants under this subsection, the Secretary shall consider— (A) the significant role of regional public universities in supporting economic develop- ment in distressed communities through the planning and the implementation of eco- nomic development projects and initiatives; and (B) the location of the university center in or near a distressed community. (Pub. L. 89–136, title II, § 207, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3604; amended Pub. L. 108–373, title II, § 205, Oct. 27, 2004, 118 Stat. 1761; Pub. L. 118–272, div. B, title II, §§ 2211(b), 2217, Jan. 4, 2025, 138 Stat. 3178, 3181.) Editorial Notes AMENDMENTS 2025—Subsec. (a)(2)(A). Pub. L. 118–272, § 2217(1), in- serted ‘‘, project predevelopment,’’ after ‘‘planning’’. Subsec. (a)(3). Pub. L. 118–272, § 2211(b), substituted ‘‘section 3122(4)(A)(vi) of this title’’ for ‘‘section 3122(6)(A)(vi) of this title’’. Subsec. (c). Pub. L. 118–272, § 2217(2), added subsec. (c). 2004—Subsec. (a)(2)(G) to (I). Pub. L. 108–373, § 205(a), added subpars. (G) and (H) and redesignated former sub- par. (G) as (I). Subsec. (a)(3). Pub. L. 108–373, § 205(b), added par. (3) and struck out heading and text of former par. (3). Text read as follows: ‘‘In the case of a project assisted under this section, the Secretary may reduce or waive the non-Federal share, without regard to section 3144 or 3145 of this title, if the Secretary finds that the project is not feasible without, and merits, such a reduction or waiver.’’ 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. § 3148. Investment priorities (a) In general Subject to subsection (b), for a project to be eligible for assistance under this subchapter, the project shall be consistent with 1 or more of the following investment priorities: (1) Critical infrastructure Economic development planning or imple- mentation projects that support development of public facilities, including basic public in- frastructure, transportation infrastructure, or telecommunications infrastructure. (2) Workforce Economic development planning or imple- mentation projects that— (A) support job skills training to meet the hiring needs of the area in which the project is to be carried out and that result in well- paying jobs; or (B) otherwise promote labor force partici- pation. (3) Innovation and entrepreneurship Economic development planning or imple- mentation projects that— (A) support the development of innovation and entrepreneurship-related infrastructure; (B) promote business development and lending; or (C) foster the commercialization of new technologies that are creating technology- driven businesses and high-skilled, well-pay- ing jobs of the future. (4) Economic recovery resilience Economic development planning or imple- mentation projects that enhance the ability of an area to withstand and recover from adverse short-term or long-term changes in economic conditions, including effects from industry contractions or economic impacts from nat- ural disasters. (5) Manufacturing Economic development planning or imple- mentation projects that encourage job cre- ation, business expansion, technology and cap- ital upgrades, and productivity growth in manufacturing, including efforts that con- tribute to the competitiveness and growth of domestic suppliers or the domestic production of innovative, high-value products and produc- tion technologies. (b) Conditions If the Secretary plans to use an investment priority that is not described in subsection (a), Page 5856 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3149 the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives a written notification that explains the basis for using that investment priority. (c) Savings clause Nothing in this section waives any other re- quirement of this chapter. (Pub. L. 89–136, title II, § 208, as added Pub. L. 118–272, div. B, title II, § 2218, Jan. 4, 2025, 138 Stat. 3182.) Editorial Notes PRIOR PROVISIONS A prior section 3148, Pub. L. 89–136, title II, § 208, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3605, related to prevention of unfair competition, prior to repeal by Pub. L. 108–373, title II, § 206(a), Oct. 27, 2004, 118 Stat. 1761. § 3149. Grants for economic adjustment (a) In general On the application of an eligible recipient, the Secretary may make grants for development of public facilities, public services, business devel- opment (including funding of a revolving loan fund), planning, technical assistance, training, and any other assistance to alleviate long-term economic deterioration and sudden and severe economic dislocation and further the economic adjustment objectives of this subchapter. (b) Criteria for assistance The Secretary may provide assistance under this section only if the Secretary determines that— (1) the project will help the area to meet a special need arising from— (A) actual or threatened severe unemploy- ment; or (B) economic adjustment problems result- ing from severe changes in economic condi- tions; and (2) the area for which a project is to be car- ried out has a comprehensive economic devel- opment strategy and the project is consistent with the strategy, except that this paragraph shall not apply to planning projects. (c) Particular community assistance Assistance under this section may include as- sistance provided for activities identified by communities, the economies of which are in- jured by— (1) military base closures or realignments, defense contractor reductions in force, or De- partment of Energy defense-related funding reductions, for help in diversifying their economies through projects to be carried out on Federal Government installations or else- where in the communities; (2) disasters or emergencies, in areas with respect to which a major disaster or emer- gency has been declared under the Robert T. Stafford Disaster Relief and Emergency As- sistance Act (42 U.S.C. 5121 et seq.), for post- disaster economic recovery; (3) international trade, for help in economic restructuring of the communities; (4) fishery failures, in areas with respect to which a determination that there is a com- mercial fishery failure has been made under section 1861a(a) of title 16; (5) the loss of manufacturing, travel and tourism, natural resource-based, blue econ- omy, or agricultural jobs, for reinvesting in and diversifying the economies of the commu- nities; (6) economic dislocation in the steel indus- try due to the closure of a steel plant, primary steel economy contraction events (including temporary layoffs and shifts to part-time work), or job losses in the steel industry or as- sociated with the departure or contraction of the steel industry, for help in economic re- structuring of the communities; or (7) limited water for industrial consumption in areas impacted by decreased water supplies due to drought or extreme heat. (d) Assistance to coal communities (1) Definitions In this subsection: (A) Coal economy The term ‘‘coal economy’’ means the com- plete supply chain of coal-reliant industries, including— (i) coal mining; (ii) coal-fired power plants; (iii) transportation or logistics; and (iv) manufacturing. (B) Contraction event The term ‘‘contraction event’’ means the closure of a facility or a reduction in activ- ity relating to a coal-reliant industry, in- cluding an industry described in any of clauses (i) through (iv) of subparagraph (A). (2) Authorization On the application of an eligible recipient, the Secretary may make grants for projects in areas adversely impacted by a contraction event in the coal economy. (3) Eligibility (A) In general In carrying out this subsection, the Sec- retary shall determine the eligibility of an area based on whether the eligible recipient can reasonably demonstrate that the area— (i) has been adversely impacted by a con- traction event in the coal economy within the previous 25 years; or (ii) will be adversely impacted by a con- traction event in the coal economy. (B) Prohibition No regulation or other policy of the Sec- retary may limit the eligibility of an eligi- ble recipient for a grant under this sub- section based on the date of a contraction event except as provided in subparagraph (A)(i). (C) Demonstrating adverse impact For the purposes of this paragraph, an eli- gible recipient may demonstrate an adverse impact by demonstrating— (i) a loss in employment; (ii) a reduction in tax revenue; or