42 U.S.C. § 3211 — Powers of Secretary

Page 5872 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3200 use does not impair or conflict with the au- thority of the President or the Adminis- trator of the Federal Emergency Manage- ment Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) to direct Federal agencies in any major disaster or emergency declared under that Act; and (B) provide members of the disaster team with travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of services for, or relating to, the disaster team. (d) Annual reports Not later than July 1, 2026, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Rep- resentatives a report that includes— (1) a summary of the activities of the Office of Disaster Recovery and Resilience and any disaster teams established pursuant to sub- section (c); (2) the number and details of the disasters in which the Office of Disaster Recovery and Re- silience and permanent and temporary per- sonnel, including disaster teams, were in- volved and deployed; (3) the locations and length of any deploy- ments; (4) the number of personnel deployed, broken down by category, including permanent and temporary personnel; and (5) a breakdown of expenses, with or without reimbursement. (Pub. L. 89–136, title V, § 509, as added Pub. L. 118–272, div. B, title II, § 2228, Jan. 4, 2025, 138 Stat. 3192.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsecs. (a)(3) and (c)(1), (4)(A), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 5121 of this title and Tables. § 3200. Technical Assistance Liaisons (a) In general A Regional Director of a regional office of the Economic Development Administration may designate a staff member to act as a ‘‘Technical Assistance Liaison’’ for any State served by the regional office. (b) Role A Technical Assistance Liaison shall— (1) work in coordination with an Economic Development Representative to provide tech- nical assistance, in addition to technical as- sistance under section 3147 of this title, to eli- gible recipients that are underresourced com- munities, as determined by the Technical As- sistance Liaison, that submit applications for assistance under subchapter II; and (2) at the request of an eligible recipient that submitted an application for assistance under subchapter II, provide technical feed- back on unsuccessful grant applications. (c) Technical assistance The Secretary may enter into a contract or cooperative agreement with an eligible recipient for the purpose of providing technical assistance to eligible recipients that are underresourced communities that have submitted or may sub- mit an application for assistance under this chapter. (Pub. L. 89–136, title V, § 510, as added Pub. L. 118–272, div. B, title II, § 2229, Jan. 4, 2025, 138 Stat. 3195.) SUBCHAPTER VI—MISCELLANEOUS § 3211. Powers of Secretary (a) In general In carrying out the duties of the Secretary under this chapter, the Secretary may— (1) adopt, alter, and use a seal, which shall be judicially noticed; (2) subject to the civil service and classifica- tion laws, select, employ, appoint, and fix the compensation of such personnel as are nec- essary to carry out this chapter; (3) hold such hearings, sit and act at such times and places, and take such testimony, as the Secretary determines to be appropriate; (4) request directly, from any Federal agen- cy, board, commission, office, or independent establishment, such information, suggestions, estimates, and statistics as the Secretary de- termines to be necessary to carry out this chapter (and each Federal agency, board, com- mission, office, or independent establishment may provide such information, suggestions, estimates, and statistics directly to the Sec- retary); (5) under regulations promulgated by the Secretary— (A) assign or sell at public or private sale, or otherwise dispose of for cash or credit, in the Secretary’s discretion and on such terms and conditions and for such consideration as the Secretary determines to be reasonable, any evidence of debt, contract, claim, per- sonal property, or security assigned to or held by the Secretary in connection with as- sistance provided under this chapter; and (B) collect or compromise all obligations assigned to or held by the Secretary in con- nection with that assistance until such time as the obligations are referred to the Attor- ney General for suit or collection; (6) deal with, complete, renovate, improve, modernize, insure, rent, or sell for cash or credit, on such terms and conditions and for such consideration as the Secretary deter- mines to be reasonable, any real or personal property conveyed to or otherwise acquired by the Secretary in connection with assistance provided under this chapter; (7) pursue to final collection, by means of compromise or other administrative action, Page 5873 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3211 1 See References in Text note below. before referral to the Attorney General, all claims against third parties assigned to the Secretary in connection with assistance pro- vided under this chapter; (8) acquire, in any lawful manner, any prop- erty (real, personal, or mixed, tangible or in- tangible), to the extent appropriate in connec- tion with assistance provided under this chap- ter; (9) in addition to any powers, functions, privileges, and immunities otherwise vested in the Secretary, take any action, including the procurement of the services of attorneys by contract, determined by the Secretary to be necessary or desirable in making, purchasing, servicing, compromising, modifying, liqui- dating, or otherwise administratively dealing with assets held in connection with financial assistance provided under this chapter; (10)(A) employ experts and consultants or or- ganizations as authorized by section 3109 of title 5 except that contracts for such employ- ment may be renewed annually; (B) compensate individuals so employed, in- cluding compensation for travel time; and (C) allow individuals so employed, while away from their homes or regular places of business, travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons employed intermit- tently in the Federal Government service; (11) establish performance measures for grants and other assistance provided under this chapter, and use the performance meas- ures to evaluate the economic impact of eco- nomic development assistance programs under this chapter, which establishment and use of performance measures shall be provided by the Secretary through— (A) officers or employees of the Depart- ment; (B) the employment of persons under con- tracts entered into for such purposes; or (C) grants to persons, using funds made available to carry out this chapter; (12) conduct environmental reviews and incur necessary expenses to evaluate and mon- itor the environmental impact of economic de- velopment assistance provided and proposed to be provided under this chapter, including ex- penses associated with the representation and defense of the actions of the Secretary relat- ing to the environmental impact of the assist- ance, using any funds made available to carry out section 3147 of this title; (13) sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, except that no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Secretary or the property of the Secretary; and (14) establish such rules, regulations, and procedures as the Secretary considers appro- priate for carrying out this chapter. (b) Deficiency judgments The authority under subsection (a)(7) to pur- sue claims shall include the authority to obtain deficiency judgments or otherwise pursue claims relating to mortgages assigned to the Secretary. (c) Inapplicability of certain other requirements Section 6101 of title 41 shall not apply to any contract of hazard insurance or to any purchase or contract for services or supplies on account of property obtained by the Secretary as a result of assistance provided under this chapter if the premium for the insurance or the amount of the services or supplies does not exceed $1,000. (d) Property interests (1) In general The powers of the Secretary under this sec- tion, relating to property acquired by the Sec- retary in connection with assistance provided under this chapter, shall extend to property interests of the Secretary relating to projects approved under— (A) this chapter; (B) title I of the Public Works Employ- ment Act of 1976 (42 U.S.C. 6701 et seq.); (C) title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.); and (D) the Community Emergency Drought Relief Act of 1977 (42 U.S.C. 5184 note; Public Law 95–31). (2) Release (A) In general Except as provided in subparagraph (B), the Secretary may release, in whole or in part, any real property interest, or tangible personal property interest, in connection with a grant after the date that is 20 years after the date on which the grant was award- ed. (B) Certain releases (i) In general On written request from a recipient of a grant under section 3149(d) 1 of this title, the Secretary shall release, in accordance with this subparagraph, any Federal inter- est in connection with the grant, if— (I) the request is made not less than 7 years after the final disbursement of the original grant; (II) the recipient has complied with the terms and conditions of the grant to the satisfaction of the Secretary; (III) any proceeds realized from the grant will be used for 1 or more activi- ties that continue to carry out the eco- nomic development purposes of this chapter; and (IV) the recipient includes in the writ- ten request a description of how the re- cipient will use the proceeds of the grant in accordance with subclause (III). (ii) Deadline (I) In general Except as provided in subclause (II), the Secretary shall complete all closeout actions for the grant by not later than 180 days after receipt and acceptance of the written request under clause (i). (II) Extension The Secretary may extend a deadline under subclause (I) by an additional 180 Page 5874 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3211 days if the Secretary determines the ex- tension to be necessary. (iii) Savings provision Section 3212 of this title shall continue to apply to a project assisted with a grant under section 3149(d) 1 of this title regard- less of whether the Secretary releases a Federal interest under clause (i). (e) Powers of conveyance and execution The power to convey and to execute, in the name of the Secretary, deeds of conveyance, deeds of release, assignments and satisfactions of mortgages, and any other written instrument relating to real or personal property or any in- terest in such property acquired by the Sec- retary under this chapter may be exercised by the Secretary, or by any officer or agent ap- pointed by the Secretary for that purpose, with- out the execution of any express delegation of power or power of attorney. (Pub. L. 89–136, title VI, § 601, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3611; amended Pub. L. 116–192, § 2, Oct. 30, 2020, 134 Stat. 978.) Editorial Notes REFERENCES IN TEXT The Public Works Employment Act of 1976, referred to in subsec. (d)(1)(B), is Pub. L. 94–369, July 22, 1976, 90 Stat. 999. Title I of the Act, known as the Local Public Works Capital Development and Investment Act of 1976, is classified generally to subchapter I (§ 6701 et seq.) of chapter 80 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 6701 of this title and Tables. The Trade Act of 1974, referred to in subsec. (d)(1)(C), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Title II of the Act is classified generally to subchapter II (§ 2251 et seq.) of chapter 12 of Title 19, Customs Duties. For com- plete classification of this Act to the Code, see section 2101 of Title 19 and Tables. The Community Emergency Drought Relief Act of 1977, referred to in subsec. (d)(1)(D), is Pub. L. 95–31, May 23, 1977, 91 Stat. 169. Title I of the Act is set out as a note under section 5184 of this title. For complete classification of this Act to the Code, see Tables. Section 3149(d) of this title, referred to in subsec. (d)(2)(B)(i), (iii), was redesignated section 3149(f) of this title by Pub. L. 118–272, div. B, title II, § 2219(2), Jan. 4, 2025, 138 Stat. 3183. CODIFICATION In subsec. (c), ‘‘Section 6101 of title 41’’ substituted for ‘‘Section 3709 of the Revised Statutes (41 U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. PRIOR PROVISIONS A prior section 3211, Pub. L. 89–136, title VII, § 701, Aug. 26, 1965, 79 Stat. 570, set forth powers of Secretary, prior to repeal by Pub. L. 105–393, § 102(b)(3). A prior section 601(a) of Pub. L. 89–136 was classified to section 3201 of this title prior to repeal by Pub. L. 105–393, § 102(a). AMENDMENTS 2020—Subsec. (d)(2). Pub. L. 116–192 designated exist- ing provisions as subpar. (A), inserted heading, sub- stituted ‘‘Except as provided in subparagraph (B), the Secretary may’’ for ‘‘The Secretary may’’, and added subpar. (B). 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. MODERNIZATION OF ENVIRONMENTAL REVIEWS Pub. L. 118–272, div. B, title II, § 2232, Jan. 4, 2025, 138 Stat. 3197, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Jan. 4, 2025], the Sec- retary of Commerce (referred to in this section as the ‘Secretary’) shall submit to the Committee on Environ- ment and Public Works of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives a report on the efforts of the Secretary to facilitate efficient, timely, and predict- able environmental reviews of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.), including through expanded use of categorical exclusions or programmatic environ- mental documents (as those terms are defined in sec- tion 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e)). ‘‘(b) REQUIREMENTS.—In completing the report under subsection (a), the Secretary shall— ‘‘(1) describe the actions the Secretary will take to implement the amendments to the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of the Fiscal Responsibility Act of 2023 (Public Law 118–5; 137 Stat. 38) [enacting sections 4336 to 4336e of this title and amending section 4332 of this title]; ‘‘(2) describe the existing categorical exclusions most frequently used by the Secretary to streamline the environmental review of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.); and ‘‘(3) consider— ‘‘(A) the adoption of additional categorical exclu- sions, including those used by other Federal agen- cies, that would facilitate the environmental re- view of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.); ‘‘(B) the adoption of new programmatic environ- mental documents that would facilitate the envi- ronmental review of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.); and ‘‘(C) agreements with other Federal agencies that would facilitate a more efficient process for the en- vironmental review of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.). ‘‘(c) RULEMAKING.—Not later than 2 years after the submission of the report under subsection (a), the Sec- retary shall promulgate a final rule implementing, to the maximum extent practicable, measures considered by the Secretary under subsection (b) that are nec- essary to streamline the environmental review of projects funded by the Public Works and Economic De- velopment Act of 1965 (42 U.S.C. 3121 et seq.).’’ AUTHORIZATION FOR TEMPORARY PERSONNEL TO RESPOND TO CORONAVIRUS Pub. L. 116–136, div. B, title II, Mar. 27, 2020, 134 Stat. 510, provided in part: ‘‘That the Secretary of Commerce is authorized to appoint and fix the compensation of such temporary personnel as may be necessary to im- plement the requirements under this heading [‘ECO- NOMIC DEVELOPMENT ASSISTANCE PROGRAMS’ under ‘ECO- NOMIC DEVELOPMENT ADMINISTRATION’] in this Act [div. B of Pub. L. 116–136] to prevent, prepare for, and re- spond to coronavirus, without regard to the provisions of title 5, United States Code, governing appointments in competitive service: Provided further, That the Sec- retary of Commerce is authorized to appoint such tem- Page 5875 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3213 porary personnel, after serving continuously for 2 years, to positions in the Economic Development Ad- ministration in the same manner that competitive service employees with competitive status are consid- ered for transfer, reassignment, or promotion to such positions and an individual appointed under this provi- sion shall become a career-conditional employee, un- less the employee has already completed the service re- quirements for career tenure’’. [For definition of ‘‘coronavirus’’ as used in provision of title II of div. B of Pub. L. 116–136, set out above, see section 23005 of div. B of Pub. L. 116–136, set out as a note under section 162b of Title 2, The Congress.] § 3212. Maintenance of standards All laborers and mechanics employed by con- tractors or subcontractors on projects assisted by the Secretary under this chapter shall be paid wages at rates not less than those pre- vailing on similar construction in the locality as determined by the Secretary of Labor in ac- cordance with subchapter IV of chapter 31 of title 40. The Secretary shall not extend any fi- nancial assistance under this chapter for such a project without first obtaining adequate assur- ance that these labor standards will be main- tained upon the construction work. The Sec- retary of Labor shall have, with respect to the labor standards specified in this provision, the authority and functions set forth in Reorganiza- tion Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 3145 of title 40. (Pub. L. 89–136, title VI, § 602, formerly title VII, § 712, Aug. 26, 1965, 79 Stat. 575; Pub. L. 93–567, title III, § 302, Dec. 31, 1974, 88 Stat. 1855; renum- bered title VI, § 602, and amended Pub. L. 105–393, title I, § 102(b)(1), (2), Nov. 13, 1998, 112 Stat. 3616; Pub. L. 108–373, title V, § 504, Oct. 27, 2004, 118 Stat. 1769.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Govern- ment Organization and Employees. CODIFICATION Section was formerly classified to section 3222 of this title prior to renumbering by Pub. L. 105–393. PRIOR PROVISIONS A prior section 3212, Pub. L. 89–136, title VII, § 702, Aug. 26, 1965, 79 Stat. 572, related to prevention of un- fair competition, prior to repeal by Pub. L. 105–393, § 102(b)(3). A prior section 602 of Pub. L. 89–136 was classified to section 3202 of this title prior to repeal by Pub. L. 105–393, § 102(a). AMENDMENTS 2004—Pub. L. 108–373 substituted ‘‘in accordance with subchapter IV of chapter 31 of title 40’’ for ‘‘in accord- ance with the Davis-Bacon Act, as amended (40 U.S.C. 276a–276a–5)’’ in first sentence and ‘‘section 3145 of title 40’’ for ‘‘section 2 of the Act of June 13, 1934, as amend- ed (40 U.S.C. 276c)’’ in third sentence. 1998—Pub. L. 105–393, § 102(b)(2)(A), substituted sec- tion catchline for former section catchline. Pub. L. 105–393, § 102(b)(2)(B), which directed amend- ment of text by substituting ‘‘this chapter’’ for ‘‘sec- tions 3131, 3141, 3142, 3171, 3243, and 3246b of this title’’ in second sentence, was executed by making the substi- tution for phrase which began with ‘‘section 3131’’ rath- er than ‘‘sections 3131’’, to reflect the probable intent of Congress. 1974—Pub. L. 93–567 inserted references to sections 3243 and 3236b of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–393 effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as an Effective Date note under section 3121 of this title. § 3213. Annual report to Congress (a) In general Not later than July 1, 2000, and July 1 of each year thereafter, the Secretary shall submit to Congress a comprehensive and detailed annual report on the activities of the Secretary under this chapter during the most recently completed fiscal year. (b) Inclusions Each report required under subsection (a) shall— (1) include a list of all grant recipients by State, including the projected private sector dollar to Federal dollar investment ratio for each grant recipient; (2) include a discussion of any private sector leveraging goal with respect to grants awarded to— (A) rural areas and urban economically distressed areas; and (B) highly distressed areas; (3) after the completion of a project, include the realized private sector dollar to Federal dollar investment ratio for the project; and (4)(A) include a list of all of the grants pro- vided by the Economic Development Adminis- tration for projects located in, or that pri- marily benefit, rural areas; (B) an explanation of the process used to de- termine how each project referred to in sub- paragraph (A) would benefit a rural area; and (C) a certification that each project referred to in subparagraph (A)— (i) is located in a rural area; or (ii) will primarily benefit a rural area. (c) Additional reporting As part of the annual report to Congress of the Economic Development Administration, the Secretary shall include a report on project com- pletions and close outs for construction awards that includes the following information on indi- vidual construction projects: (1) The award date of the project. (2) The completion date of the project. (3) The close out date of the project. (4) The total amount of the project, includ- ing non-Federal cost share and funding from other sources, including a breakdown by source. (5) The number of jobs anticipated to be cre- ated or retained as a result of the investment. (d) Public availability Not later than the date of the submission of the report under subsection (c), the Secretary shall make the report under subsection (c) pub- licly available. (e) Additional reporting requirement To ensure that projects are meeting expected timelines, not later than 1 year after January 4,