Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
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chapter_name: "PUBLIC WORKS AND ECONOMIC DEVELOPMENT"
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# 42 U.S.C. § 3122 - Definitions
## Text
In this chapter:
(1) Blue economy The term “blue economy” means the sustainable 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 community-based project formation and conceptualization, prior to project predevelopment activity, including grants to local community organizations for planning participation, community outreach and engagement activities, research, and mentorship support to move projects from formation and conceptualization to project predevelopment.
(3) Comprehensive economic development strategy The term “comprehensive economic development strategy” means a comprehensive economic development strategy approved by the Secretary under section 3162 of this title.
(4) Department The term “Department” means the Department of Commerce.
(5) Economic development district (A) In general The term “economic development district” means any area in the United States that—
(i) is composed of areas described in section 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 district” 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 Economic 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 subdivisions;
(v) an institution of higher education or a consortium of institutions of higher education;
(vi) a public or private nonprofit organization or association acting in cooperation with officials of a political subdivision of a State;
(vii) an economic development organization; or
(viii) a public-private partnership for public infrastructure.
(B) Training, research, and technical assistance 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 department, 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 defined in or established under the Alaska Native 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 status as Indians.
(10) Outdoor recreation The term “outdoor recreation” means all recreational activities, and the economic drivers 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 mapping;
(B) training;
(C) technical assistance and organizational development;
(D) feasibility and market studies;
(E) demonstration projects; and
(F) other predevelopment activities determined 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 established by section 2009aa1(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 105277).
(D) The Great Lakes Authority established by section 15301(a)(4) of title 40.
(E) The Mid-Atlantic Regional Commission established by section 15301(a)(5) of title 40.
(F) The Northern Border Regional Commission established by section 15301(a)(3) of title 40.
(G) The Northern Great Plains Regional Authority established by section 2009bb1(a)(1) of title 7.
(H) The Southeast Crescent Regional Commission 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 Commission 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 District of Columbia, the Commonwealth of Puerto 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 encourage recreational or business travel in or to the United States, including activities relating 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 institution of higher education or a consortium of institutions of higher education established under section 3147(c)(1) of this title.
(Pub. L. 89136, § 3, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3599; amended Pub. L. 108373, title I, § 102, Oct. 27, 2004, 118 Stat. 1758; Pub. L. 118272, div. B, title II, § 2211(a), Jan. 4, 2025, 138 Stat. 3177.)
## Notes
Editorial Notes
References in TextSection 3173 of this title (as in effect on the day before 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. 105393, § 102(a). See Prior Provisions note set out under section 3173 of this title and section 105 of Pub. L. 105393, 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. 92203, 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 ProvisionsA prior section 3122, Pub. L. 91524, title IX, § 901, Nov. 30, 1970, 84 Stat. 1383; Pub. L. 92419, title VI, § 601, Aug. 30, 1972, 86 Stat. 674; Pub. L. 94273, § 7(3), Apr. 21, 1976, 90 Stat. 378; Pub. L. 96355, § 6, Sept. 24, 1980, 94 Stat. 1174, which related to priority to be given to revitalization and development of rural areas, was transferred to section 2204b1 of Title 7, Agriculture.
Amendments2025—Pars. (1), (2). Pub. L. 118272, § 2211(a)(2), added pars. (1) and (2). Former pars. (1) and (2) redesignated (3) and (4), respectively. Pars. (3) to (5). Pub. L. 118272, § 2211(a)(1), redesignated 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. 118272, § 2211(a)(3), substituted “to the extent determined appropriate by the Secretary” for “to the extent appropriate”. Par. (6). Pub. L. 118272, § 2211(a)(1), redesignated par. (4) as (6). Former par. (6) redesignated (8). Par. (6)(A)(vii), (viii). Pub. L. 118272, § 2211(a)(4), added cls. (vii) and (viii). Pars. (7) to (9). Pub. L. 118272, § 2211(a)(1), redesignated pars. (5) to (7) as (7) to (9), respectively. Former pars. (8) and (9) redesignated (12) and (13), respectively. Pars. (10), (11). Pub. L. 118272, § 2211(a)(5), added pars. (10) and (11). Former pars. (10) and (11) redesignated (14) and (16), respectively. Par. (12). Pub. L. 118272, § 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 Authority, Denali Commission, and Northern Great Plains Regional Authority. Pub. L. 118272, § 2211(a)(1), redesignated par. (8) as (12). Former par. (12) redesignated (17). Pars. (13), (14). Pub. L. 118272, § 2211(a)(1), redesignated pars. (9) and (10) as (13) and (14), respectively. Par. (15). Pub. L. 118272, § 2211(a)(7), added par. (15). Par. (16). Pub. L. 118272, § 2211(a)(1), redesignated par. (11) as (16). Par. (17). Pub. L. 118272, § 2211(a)(1), (8), redesignated par. (12) as (17) and substituted “established under section 3147(c)(1) of this title” for “established as a University Center for Economic Development under section 3147(a)(2)(D) of this title”. 2004—Par. (4)(A). Pub. L. 108373, § 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 development activities,” after “State” in cl. (iv), and struck out cl. (i) which read as follows: “an area described in section 3161(a) of this title;”. Pars. (8) to (12). Pub. L. 108373, § 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 DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3123 - Discrimination on basis of sex prohibited in federally assisted programs
## Text
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 discrimination under any program or activity receiving Federal financial assistance under the Public Works and Economic Development Act of 1965 [42 U.S.C. 3121 et seq.].
(Pub. L. 9265, title I, § 112, Aug. 5, 1971, 85 Stat. 168.)
## Notes
Editorial Notes
References in TextThe Public Works and Economic Development Act of 1965, referred to in text, is Pub. L. 89136, Aug. 26, 1965, 79 Stat. 552, which is classified generally to this chapter (§ 3121 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 3121 of this title and Tables.
Codification Section was not enacted as part of the Public Works and Economic Development Act of 1965 which comprises this chapter.
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# 42 U.S.C. § 3131 - Establishment of economic development partnerships
## Text
(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 compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies.
(b) Technical assistance The Secretary may provide such technical assistance to States, political subdivisions of States, sub-State regional organizations (including organizations that cross State boundaries), multi-State regional organizations, and nonprofit organizations as the Secretary determines is appropriate to—
(1) alleviate economic distress;
(2) encourage and support public-private partnerships for the formation and improvement 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 government agencies have been given a reasonable opportunity to review and comment on proposed projects under this subchapter that the Secretary 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 organization of any 2 or more States, in support of effective economic development.
(2) Participation Each cooperation agreement shall provide for suitable participation by other governmental and nongovernmental entities that are representative of significant interests in and perspectives on economic development in an area.
(Pub. L. 89136, title I, § 101, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3600; amended Pub. L. 108373, title I, § 103, Oct. 27, 2004, 118 Stat. 1759.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3131, Pub. L. 89136, title I, § 101, Aug. 26, 1965, 79 Stat. 552; Pub. L. 91123, title III, § 301(1), Nov. 25, 1969, 83 Stat. 219; Pub. L. 9265, title I, § 102, Aug. 5, 1971, 85 Stat. 166; Pub. L. 94487, title I, § 103, Oct. 12, 1976, 90 Stat. 2331, authorized direct and supplementary grants, prior to repeal by Pub. L. 105393, § 102(a).
Amendments2004—Subsec. (b). Pub. L. 108373, § 103(1), substituted “multi-State regional organizations, and nonprofit organizations” for “and multi-State regional organizations” in introductory provisions. Subsec. (d)(1). Pub. L. 108373, § 103(2), struck out “adjoining” before “States” in two places.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
@@ -0,0 +1,45 @@
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# 42 U.S.C. § 3132 - Cooperation of Federal agencies
## Text
In accordance with applicable laws and subject to the availability of appropriations, each Federal agency shall exercise its powers, duties and functions, and shall cooperate with the Secretary, in such manner as will assist the Secretary in carrying out this subchapter.
(Pub. L. 89136, title I, § 102, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3601.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3132, Pub. L. 89136, title I, § 102, Aug. 26, 1965, 79 Stat. 554; Pub. L. 93423, § 2, Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94487, title I, § 104, Oct. 12, 1976, 90 Stat. 2331; Pub. L. 9688, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96506, § 1(1), Dec. 8, 1980, 94 Stat. 2745, authorized grants for operation of health projects, prior to repeal by Pub. L. 105393, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3133 - Coordination
## Text
(a) In general The Secretary shall coordinate activities relating to the preparation and implementation of comprehensive economic development strategies under this chapter with Federal agencies carrying out other Federal programs, States, economic development districts, Indian tribes, and other appropriate planning and development organizations.
(b) Meetings (1) In general To carry out subsection (a), or for any other purpose relating to economic development activities, the Secretary may convene meetings with Federal agencies, State and local governments, economic development districts, Indian tribes, and other appropriate planning and development organizations.
(2) Regional commissions (A) In general In addition to meetings described in paragraph (1), not later than 1 year after January 4, 2025, and not less frequently than every 2 years thereafter, the Secretary shall convene a meeting with the Regional Commissions in furtherance of subsection (a).
(B) Attendees The attendees for a meeting convened under this paragraph shall consist of—
(i) the Secretary, acting through the Assistant Secretary of Commerce for Economic Development, serving as Chair;
(ii) the Federal Cochairpersons of the Regional Commissions, or their designees; and
(iii) the State Cochairpersons of the Regional Commissions, or their designees.
(C) Purpose The purposes of a meeting convened under this paragraph shall include—
(i) to enhance coordination between the Economic Development Administration and the Regional Commissions in carrying out economic development programs;
(ii) to reduce duplication of efforts by the Economic Development Administration and the Regional Commissions in carrying out economic development programs;
(iii) to develop best practices and strategies for fostering regional economic development; and
(iv) any other purposes as determined appropriate by the Secretary.
(D) Report Where applicable and pursuant to subparagraph (C), not later than 1 year after a meeting under this paragraph, the Secretary shall prepare and make publicly available a report detailing, at a minimum—
(i) the planned actions by the Economic Development Administration and the Regional Commissions to enhance coordination or reduce duplication of efforts and a timeline for implementing those actions; and
(ii) any best practices and strategies developed.
(Pub. L. 89136, title I, § 103, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3601; amended Pub. L. 108373, title I, § 104, Oct. 27, 2004, 118 Stat. 1759; Pub. L. 118272, div. B, title II, § 2212, Jan. 4, 2025, 138 Stat. 3178.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3133, Pub. L. 89136, title I, § 103, Aug. 26, 1965, 79 Stat. 554, set limitation on funds which could be expended in any one State, prior to repeal by Pub. L. 105393, § 102(a). A prior section 3134, Pub. L. 89136, title I, § 104, Aug. 26, 1965, 79 Stat. 554, related to the ineligibility of Appalachian region projects for appropriations under this subchapter, prior to repeal by Pub. L. 94188, title I, § 123, Dec. 31, 1975, 89 Stat. 1086. Prior sections 3135 to 3137 were repealed by Pub. L. 105393, § 102(a). Section 3135, Pub. L. 89136, title I, § 105, Aug. 26, 1965, 79 Stat. 554; Pub. L. 91123, title III, § 301(2), Nov. 25, 1969, 83 Stat. 219; Pub. L. 91304, § 1(a), July 6, 1970, 84 Stat. 375; Pub. L. 9265, title I, § 103, Aug. 5, 1971, 85 Stat. 166; Pub. L. 9346, § 1, June 18, 1973, 87 Stat. 96; Pub. L. 93423, § 1, Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94487, title I, § 105, Oct. 12, 1976, 90 Stat. 2331; Pub. L. 96506, § 1(2), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 9735, title XVIII, § 1821(a)(1), Aug. 13, 1981, 95 Stat. 766, authorized appropriations to carry out this subchapter from fiscal year ending June 30, 1966, to fiscal year ending Sept. 30, 1982. Section 3136, Pub. L. 89136, title I, § 106, Aug. 26, 1965, 79 Stat. 554; 1966 Reorg. Plan No. 2, § 1(h)(3), eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608; 1970 Reorg. Plan No. 3, § 2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, conditioned use of financial assistance for sewer or other waste disposal facilities upon certification by Administrator of Environmental Protection Agency. Section 3137, Pub. L. 89136, title I, § 107, as added Pub. L. 94487, title I, § 106, Oct. 12, 1976, 90 Stat. 2332, authorized increase in amount of grant for construction cost increases after grant had been made.
Amendments2025—Subsec. (b). Pub. L. 118272 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “To carry out subsection (a), or for any other purpose relating to economic development activities, the Secretary may convene meetings with Federal agencies, State and local governments, economic development districts, Indian tribes, and other appropriate planning and development organizations.” 2004—Pub. L. 108373 designated existing provisions as subsec. (a), inserted heading, inserted “Indian tribes,” after “districts,”, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3141 - Grants for public works and economic development
## Text
(a) In general On the application of an eligible recipient, the Secretary may make grants for—
(1) acquisition or development of land and improvements for use for a public works, public service, or development facility or for the improvement of waste management and recycling systems; and
(2) acquisition, design and engineering, construction, rehabilitation, alteration, expansion, increasing the resilience 11 So in original. Probably should be followed by a comma. or improvement of such a facility, including related machinery and equipment.
(b) Criteria for grant The Secretary may make a grant under this section only if the Secretary determines that—
(1) the project for which the grant is applied for will, directly or indirectly—
(A) improve the opportunities, in the area where the project is or will be located, for the successful establishment, expansion, or retention,22 So in original. The comma probably should not appear. of industrial or commercial plants or facilities;
(B) assist in the creation of additional long-term employment opportunities in the area; or
(C) primarily benefit the long-term unemployed and underemployed and members of low-income families;
(2) the project for which the grant is applied for will fulfill a pressing need of the area, or a part of the area, in which the project is or will be located; and
(3) the area for which the project is to be carried out has a comprehensive economic development strategy and the project is consistent with the strategy.
(c) Additional considerations In awarding grants under subsection (a) and subject to the criteria in subsection (b), the Secretary may also consider the extent to which a project would—
(1) lead to economic diversification in the area, or a part of the area, in which the project is or will be located;
(2) address and mitigate economic impacts from extreme weather events, including development of resilient infrastructure, products, and processes;
(3) benefit highly rural communities without adequate tax revenues to invest in long-term or costly infrastructure;
(4) increase access to high-speed broadband;
(5) support outdoor recreation to spur economic development, with a focus on rural communities;
(6) promote job creation or retention relative to the population of the impacted region with outsized significance;
(7) promote travel and tourism; or
(8) promote blue economy activities.
(d) Maximum assistance for each State Not more than 15 percent of the amounts made available to carry out this section may be expended in any 1 State.
(Pub. L. 89136, title II, § 201, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3601; amended Pub. L. 118272, div. B, title II, § 2213(a), Jan. 4, 2025, 138 Stat. 3179.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3141, Pub. L. 89136, title II, § 201, Aug. 26, 1965, 79 Stat. 554; Pub. L. 91304, § 1(b), July 6, 1970, 84 Stat. 375; Pub. L. 9265, title I, § 104, Aug. 5, 1971, 85 Stat. 167; Pub. L. 9346, § 2, June 18, 1973, 87 Stat. 96; Pub. L. 93423, § 4(a), Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94487, title I, § 107(a), (b), Oct. 12, 1976, 90 Stat. 2332; Pub. L. 96506, § 1(3), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 9735, title XVIII, § 1821(a)(2), Aug. 13, 1981, 95 Stat. 766, authorized public works and development facility loans, prior to repeal by Pub. L. 105393, § 102(a).
Amendments2025—Subsec. (a)(1). Pub. L. 118272, § 2213(a)(1)(A), inserted “or for the improvement of waste management and recycling systems” after “development facility”. Subsec. (a)(2). Pub. L. 118272, § 2213(a)(1)(B), inserted “increasing the resilience” after “expansion,”. Subsec. (b)(1)(A). Pub. L. 118272, § 2213(a)(2)(A), substituted “successful establishment, expansion, or retention,” for “successful establishment or expansion”. Subsec. (b)(1)(C). Pub. L. 118272, § 2213(a)(2)(B), inserted “and underemployed” after “unemployed”. Subsecs. (c), (d). Pub. L. 118272, § 2213(a)(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
@@ -0,0 +1,45 @@
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# 42 U.S.C. § 3142 - Base closings and realignments
## Text
Notwithstanding any other provision of law, the Secretary may provide to an eligible recipient any assistance available under this subchapter for a project to be carried out on a military or Department of Energy installation that is closed or scheduled for closure or realignment without requiring that the eligible recipient have title to the property or a leasehold interest in the property for any specified term.
(Pub. L. 89136, title II, § 202, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3602.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3142, Pub. L. 89136, title II, § 202, Aug. 26, 1965, 79 Stat. 556; Pub. L. 93423, § 4(b), Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94487, title I, §§ 107(c), (d), 108, Oct. 12, 1976, 90 Stat. 2332, authorized business loans and loan guarantees, prior to repeal by Pub. L. 105393, § 102(a). A prior section 31421, Pub. L. 91596, § 28(d), Dec. 29, 1970, 84 Stat. 1618; Pub. L. 93237, § 2(c), Jan. 2, 1974, 87 Stat. 1024, which authorized loans for small business compliance with occupational safety and health standards, was omitted from the Code in view of the repeal of subchapter II of this chapter by Pub. L. 105393. A prior section 3142a, Pub. L. 89298, title II, § 217, Oct. 27, 1965, 79 Stat. 1088, which authorized purchase of indebtedness and loans for waterways projects, was transferred to section 2220 of Title 33, Navigation and Navigable Waters.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3143 - Grants for planning and grants for administrative expenses
## Text
(a) In general On the application of an eligible recipient, the Secretary may make grants to pay the costs of economic development planning and the administrative expenses of organizations that carry out the planning.
(b) Planning process Planning assisted under this subchapter shall be a continuous process involving public officials and private citizens in—
(1) analyzing local economies;
(2) defining economic development goals;
(3) determining project opportunities; and
(4) formulating and implementing an economic development program that includes systematic efforts to reduce unemployment and increase incomes.
(c) Use of planning assistance Planning assistance under this subchapter shall be used in conjunction with any other available Federal planning assistance to ensure adequate and effective planning and economical use of funds.
(d) Administrative expenses Administrative expenses that may be paid with a grant under this section include—
(1) expenses related to carrying out the planning process described in subsection (b);
(2) expenses related to project predevelopment;
(3) expenses related to updating economic development plans to align with other applicable State, regional, or local planning efforts; and
(4) expenses related to hiring professional staff to assist communities in—
(A) project predevelopment and implementing projects and priorities included in—
(i) a comprehensive economic development strategy; or
(ii) an economic development planning grant;
(B) identifying and using other Federal, State, and Tribal economic development programs;
(C) leveraging private and philanthropic investment;
(D) preparing economic recovery plans in response to disasters; and
(E) carrying out economic development and predevelopment activities in accordance with professional economic development best practices.
(e) State plans (1) Development Any State plan developed with assistance under this section shall be developed, to the maximum extent practicable, cooperatively by the State, political subdivisions of the State, and the economic development districts located wholly or partially in the State.
(2) Comprehensive economic development strategy As a condition of receipt of assistance for a State plan under this subsection, the State shall have or develop a comprehensive economic development strategy.
(3) Coordination Before providing assistance for a State plan under this section, the Secretary shall consider the extent to which the State will consider local and economic development district plans.
(4) Comprehensive planning process Any overall State economic development planning assisted under this section shall be a part of a comprehensive planning process that shall consider the provision of public works to—
(A) promote economic development and opportunity;
(B) foster effective transportation access;
(C) enhance and protect the environment;
(D) assist in carrying out the workforce investment strategy of a State;
(E) promote the use of technology in economic development, including access to high-speed telecommunications (including broadband);
(F) address and mitigate economic impacts of extreme weather; and
(G) balance resources through the sound management of physical development.
(5) Report to Secretary Each State that receives assistance for the development of a plan under this subsection shall submit to the Secretary an annual report on the planning process assisted under this subsection.
(Pub. L. 89136, title II, § 203, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3602; amended Pub. L. 108373, title II, § 201, Oct. 27, 2004, 118 Stat. 1759; Pub. L. 118272, div. B, title II, § 2214, Jan. 4, 2025, 138 Stat. 3180.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3143, Pub. L. 89136, title II, § 203, Aug. 26, 1965, 79 Stat. 558; Pub. L. 94273, § 2(25), Apr. 21, 1976, 90 Stat. 376, directed deposit of funds into Economic Development Revolving Fund, prior to repeal by Pub. L. 105393, § 102(a).
Amendments2025—Subsecs. (d), (e). Pub. L. 118272, § 2214(1), (2), added subsec. (d) and redesignated former subsec. (d) as (e). Subsec. (e)(4)(E). Pub. L. 118272, § 2214(3)(A), substituted “(including broadband);” for “; and”. Subsec. (e)(4)(F), (G). Pub. L. 118272, § 2214(3)(B), (C), added subpar. (F) and redesignated former subpar. (F) as (G). 2004—Subsec. (d)(1). Pub. L. 108373, § 201(1), inserted “, to the maximum extent practicable,” after “shall be developed”. Subsec. (d)(3). Pub. L. 108373, § 201(2), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “On completion of a State plan developed with assistance under this section, the State shall— “(A) certify to the Secretary that, in the development of the State plan, local and economic development district plans were considered and, to the maximum extent practicable, the State plan is consistent with the local and economic development district plans; and “(B) identify any inconsistencies between the State plan and the local and economic development district plans and provide a justification for each inconsistency.” Subsec. (d)(4)(D) to (F). Pub. L. 108373, § 201(3), added subpars. (D) and (E) and redesignated former subpar. (D) as (F).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3144 - Cost sharing
## Text
(a) Federal share Except as provided in subsection (c), the Federal share of the cost of any project carried out under this subchapter shall not exceed—
(1) 60 percent; plus
(2) an additional percent that—
(A) shall not exceed 30 percent; and
(B) is based on the relative needs of the area in which the project will be located, as determined in accordance with regulations promulgated by the Secretary.
(b) Non-Federal share (1) In general In determining the amount of the non-Federal share of the cost of a project, the Secretary may provide credit toward the non-Federal share for all contributions both in cash and in-kind, fairly evaluated, including contributions of space, equipment, assumptions of debt, and services.
(2) Regional Commission funds Notwithstanding any other provision of law, any funds contributed by a Regional Commission for a project under this subchapter may be considered to be part of the non-Federal share of the costs of the project.
(c) Increase in Federal share (1) Indian tribes In the case of a grant to an Indian tribe for a project under this subchapter, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 100 percent of the cost of the project.
(2) Certain States, political subdivisions, and nonprofit organizations In the case of a grant to a State, or a political subdivision of a State, that the Secretary determines has exhausted the effective taxing and borrowing capacity of the State or political subdivision or can otherwise document that no local matching funds are reasonably obtainable, or in the case of a grant to a nonprofit organization that the Secretary determines has exhausted the effective borrowing capacity of the nonprofit organization, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 100 percent of the cost of the project.
(3) Training, research, and technical assistance In the case of a grant provided under section 3143 or 3147 of this title, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 100 percent of the cost of the project.
(4) Small communities In the case of a grant to a political subdivision of a State (as described in section 3122(6)(A)(iv) of this title) that has a population of fewer than 10,000 residents and meets 1 or more of the eligibility criteria described in section 3161(a) of this title, the Secretary may increase the Federal share under paragraph (1) up to 100 percent of the total cost of the project.
(Pub. L. 89136, title II, § 204, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3603; amended Pub. L. 108373, title II, § 202, Oct. 27, 2004, 118 Stat. 1759; Pub. L. 118272, div. B, title II, § 2215, Jan. 4, 2025, 138 Stat. 3181.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3144, Pub. L. 89136, title II, § 204, as added Pub. L. 94487, title I, § 109, Oct. 12, 1976, 90 Stat. 2333; amended Pub. L. 96470, title I, § 201(d), Oct. 19, 1980, 94 Stat. 2241; Pub. L. 96506, § 1(4), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 9735, title XVIII, § 1821(a)(3), Aug. 13, 1981, 95 Stat. 766, authorized interest free loans to carry out approved redevelopment area plans, prior to repeal by Pub. L. 105393, § 102(a).
Amendments2025—Subsec. (a)(1). Pub. L. 118272, § 2215(1), substituted “60” for “50”. Subsec. (b). Pub. L. 118272, § 2215(2), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (c)(2). Pub. L. 118272, § 2215(3)(A), inserted “or can otherwise document that no local matching funds are reasonably obtainable” after “or political subdivision”. Subsec. (c)(3). Pub. L. 118272, § 2215(3)(B), substituted “section 3143 or 3147 of this title” for “section 3147 of this title” and “project.” for “project if the Secretary determines that the project funded by the grant merits, and is not feasible without, such an increase.” Subsec. (c)(4). Pub. L. 118272, § 2215(3)(C), added par. (4). 2004—Subsec. (a). Pub. L. 108373, § 202(a), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “Subject to section 3145 of this title, the amount of a grant for a project under this subchapter shall not exceed 50 percent of the cost of the project.” Subsec. (b). Pub. L. 108373, § 202(b), inserted “assumptions of debt,” after “equipment,”. Subsec. (c). Pub. L. 108373, § 202(c), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3145 - Supplementary grants
## Text
(a) Definition of designated Federal grant program In this section, the term “designated Federal grant program” means any Federal grant program that—
(1) provides assistance in the construction or equipping of public works, public service, or development facilities;
(2) the Secretary designates as eligible for an allocation of funds under this section; and
(3) assists projects that are—
(A) eligible for assistance under this subchapter; and
(B) consistent with a comprehensive economic development strategy.
(b) Supplementary grants Subject to subsection (c), in order to assist eligible recipients in taking advantage of designated Federal grant programs, on the application of an eligible recipient, the Secretary may make a supplementary grant for a project for which the recipient is eligible but for which the recipient cannot provide the required non-Federal share because of the economic situation of the recipient.
(c) Requirements applicable to supplementary grants (1) Amount of supplementary grants The share of the project cost supported by a supplementary grant under this section may not exceed the applicable Federal share under section 3144 of this title.
(2) Form of supplementary grants The Secretary shall make supplementary grants by—
(A) the payment of funds made available under this chapter to the heads of the Federal agencies responsible for carrying out the applicable Federal programs; or
(B) the award of funds under this chapter, which will be combined with funds transferred from other Federal agencies in projects administered by the Secretary.
(3) Federal share limitations specified in other laws Notwithstanding any requirement as to the amount or source of non-Federal funds that may be applicable to a Federal program, funds provided under this section may be used to increase the Federal share for specific projects under the program that are carried out in areas described in section 3161(a) of this title above the Federal share of the cost of the project authorized by the law governing the program.
(Pub. L. 89136, title II, § 205, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3603; amended Pub. L. 108373, title II, § 203, Oct. 27, 2004, 118 Stat. 1760.)
## Notes
Editorial Notes
Amendments2004—Subsec. (b). Pub. L. 108373, § 203(a), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “(1) In general.—On the application of an eligible recipient, the Secretary may make a supplementary grant for a project for which the eligible recipient is eligible but, because of the eligible recipients economic situation, for which the eligible recipient cannot provide the required non-Federal share. “(2) Purposes of grants.—Supplementary grants under paragraph (1) may be made for purposes that shall include enabling eligible recipients to use— “(A) designated Federal grant programs; and “(B) direct grants authorized under this subchapter.” Subsec. (c)(1), (2). Pub. L. 108373, § 203(b)(1), added pars. (1) and (2) and struck out former pars. (1) and (2), which read as follows: “(1) Amount of supplementary grants.—Subject to paragraph (4), the amount of a supplementary grant under this subchapter for a project shall not exceed the applicable percentage of the cost of the project established by regulations promulgated by the Secretary, except that the non-Federal share of the cost of a project (including assumptions of debt) shall not be less than 20 percent. “(2) Form of supplementary grants.—In accordance with such regulations as the Secretary may promulgate, the Secretary shall make supplementary grants by increasing the amounts of grants authorized under this subchapter or by the payment of funds made available under this chapter to the heads of the Federal agencies responsible for carrying out the applicable Federal programs.” Subsec. (c)(4). Pub. L. 108373, § 203(b)(2), struck out heading and text of par. (4). Text read as follows: “(A) Indian tribes.—In the case of a grant to an Indian tribe, the Secretary may reduce the non-Federal share below the percentage specified in paragraph (1) or may waive the non-Federal share. “(B) Certain States, political subdivisions, and nonprofit organizations.—In the case of a grant to a State, or a political subdivision of a State, that the Secretary determines has exhausted its effective taxing and borrowing capacity, or in the case of a grant to a nonprofit organization that the Secretary determines has exhausted its effective borrowing capacity, the Secretary may reduce the non-Federal share below the percentage specified in paragraph (1).”
Statutory Notes and Related Subsidiaries
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# 42 U.S.C. § 3146 - Regulations on relative needs and allocations
## Text
In promulgating rules, regulations, and procedures for assistance under this subchapter, the Secretary shall ensure that—
(1) the relative needs of eligible areas are given adequate consideration by the Secretary, as determined based on, among other relevant factors—
(A) the severity of the rates of unemployment in the eligible areas and the duration of the unemployment;
(B) the per capita income levels, the labor force participation rate, and the extent of underemployment in eligible areas; and
(C) the outmigration of population from eligible areas and the extent to which the outmigration is causing economic injury in the eligible areas;
(2) allocations of assistance under this subchapter are prioritized to ensure that the level of economic distress of an area, rather than a preference for a geographic area or a specific type of economic distress, is the primary factor in allocating the assistance;
(3) (A) rural and urban economically distressed areas are not harmed by the establishment or implementation by the Secretary of a private sector leveraging goal for a project under this subchapter;
(B) any private sector leveraging goal established by the Secretary does not prohibit or discourage grant applicants under this subchapter from public works in, or economic development of, rural or urban economically distressed areas; and
(C) the relevant Committees of Congress are notified prior to making any changes to any private sector leveraging goal; and
(4) grants made under this subchapter promote job creation and retention and will have a high probability of meeting or exceeding applicable performance requirements established in connection with the grants.
(Pub. L. 89136, title II, § 206, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3604; amended Pub. L. 108373, title II, § 204, Oct. 27, 2004, 118 Stat. 1761; Pub. L. 118272, div. B, title II, § 2216, Jan. 4, 2025, 138 Stat. 3181.)
## Notes
Editorial Notes
Amendments2025—Par. (1)(B). Pub. L. 118272, § 2216(1), added subpar. (B) and struck out former subpar. (B) which read as follows: “the income levels and the extent of underemployment in eligible areas; and”. Par. (4). Pub. L. 118272, § 2216(2), inserted “and retention” after “creation”. 2004—Pars. (3), (4). Pub. L. 108373 added pars. (3) and (4).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3147 - Grants for training, research, and technical assistance
## Text
(a) In general (1) Grants On the application of an eligible recipient, the Secretary may make grants for training, research, and technical assistance, including grants for program evaluation and economic impact analyses, that would be useful in alleviating or preventing conditions of excessive unemployment or underemployment.
(2) Types of assistance Grants under paragraph (1) may be used for—
(A) project planning, project predevelopment, and feasibility studies;
(B) demonstrations of innovative activities or strategic economic development investments;
(C) management and operational assistance;
(D) establishment of university centers;
(E) establishment of business outreach centers;
(F) studies evaluating the needs of, and development potential for, economic growth of areas that the Secretary determines have substantial need for the assistance;
(G) studies that evaluate the effectiveness of coordinating projects funded under this chapter with projects funded under other Acts;
(H) assessment, marketing, and establishment of business clusters; and
(I) other activities determined by the Secretary to be appropriate.
(3) Cooperation requirement In the case of a project assisted under this section that is national or regional in scope, the Secretary may waive the provision in section 3122(6)(A)(vi) of this title requiring a nonprofit organization or association to act in cooperation with officials of a political subdivision of a State.
(b) Methods of provision of assistance In providing research and technical assistance under this section, the Secretary, in addition to making grants under subsection (a), may—
(1) provide research and technical assistance through officers or employees of the Department;
(2) pay funds made available to carry out this section to Federal agencies; or
(3) employ private individuals, partnerships, businesses, corporations, or appropriate institutions under contracts entered into for that purpose.
(c) University centers (1) Establishment In accordance with subsection (a)(2)(D), the Secretary may make grants to institutions of higher education to serve as university centers.
(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 university center established under this subsection shall—
(A) collaborate with other university centers;
(B) collaborate with economic development districts and other relevant Federal economic development technical assistance and service providers to provide expertise and technical assistance to develop, implement, 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 services 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 organizations eligible to receive a grant under section 1862s9 of this title;
(E) promote local and regional capacity building; and
(F) provide to communities and regions assistance relating to data collection and analysis and other research relating to economic conditions and vulnerabilities that can inform 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 development in distressed communities through the planning and the implementation of economic development projects and initiatives; and
(B) the location of the university center in or near a distressed community.
(Pub. L. 89136, title II, § 207, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3604; amended Pub. L. 108373, title II, § 205, Oct. 27, 2004, 118 Stat. 1761; Pub. L. 118272, div. B, title II, §§ 2211(b), 2217, Jan. 4, 2025, 138 Stat. 3178, 3181.)
## Notes
Editorial Notes
Amendments2025—Subsec. (a)(2)(A). Pub. L. 118272, § 2217(1), inserted “, project predevelopment,” after “planning”. Subsec. (a)(3). Pub. L. 118272, § 2211(b), substituted “section 3122(4)(A)(vi) of this title” for “section 3122(6)(A)(vi) of this title”. Subsec. (c). Pub. L. 118272, § 2217(2), added subsec. (c). 2004—Subsec. (a)(2)(G) to (I). Pub. L. 108373, § 205(a), added subpars. (G) and (H) and redesignated former subpar. (G) as (I). Subsec. (a)(3). Pub. L. 108373, § 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 DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3148 - Investment priorities
## Text
(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 implementation projects that support development of public facilities, including basic public infrastructure, transportation infrastructure, or telecommunications infrastructure.
(2) Workforce Economic development planning or implementation 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 participation.
(3) Innovation and entrepreneurship Economic development planning or implementation 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-paying jobs of the future.
(4) Economic recovery resilience Economic development planning or implementation 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 natural disasters.
(5) Manufacturing Economic development planning or implementation projects that encourage job creation, business expansion, technology and capital upgrades, and productivity growth in manufacturing, including efforts that contribute to the competitiveness and growth of domestic suppliers or the domestic production of innovative, high-value products and production technologies.
(b) Conditions If the Secretary plans to use an investment priority that is not described in subsection (a), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure 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 requirement of this chapter.
(Pub. L. 89136, title II, § 208, as added Pub. L. 118272, div. B, title II, § 2218, Jan. 4, 2025, 138 Stat. 3182.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3148, Pub. L. 89136, title II, § 208, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3605, related to prevention of unfair competition, prior to repeal by Pub. L. 108373, title II, § 206(a), Oct. 27, 2004, 118 Stat. 1761.
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# 42 U.S.C. § 3149 - Grants for economic adjustment
## Text
(a) In general On the application of an eligible recipient, the Secretary may make grants for development of public facilities, public services, business development (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 unemployment; or
(B) economic adjustment problems resulting from severe changes in economic conditions; and
(2) the area for which a project is to be carried out has a comprehensive economic development 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 assistance provided for activities identified by communities, the economies of which are injured by—
(1) military base closures or realignments, defense contractor reductions in force, or Department of Energy defense-related funding reductions, for help in diversifying their economies through projects to be carried out on Federal Government installations or elsewhere in the communities;
(2) disasters or emergencies, in areas with respect to which a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance 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 commercial fishery failure has been made under section 1861a(a) of title 16;
(5) the loss of manufacturing, travel and tourism, natural resource-based, blue economy, or agricultural jobs, for reinvesting in and diversifying the economies of the communities;
(6) economic dislocation in the steel industry 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 associated with the departure or contraction of the steel industry, for help in economic restructuring 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 complete 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 activity relating to a coal-reliant industry, including 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 Secretary 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 contraction event in the coal economy within the previous 25 years; or
(ii) will be adversely impacted by a contraction event in the coal economy.
(B) Prohibition No regulation or other policy of the Secretary may limit the eligibility of an eligible recipient for a grant under this subsection 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 eligible recipient may demonstrate an adverse impact by demonstrating—
(i) a loss in employment;
(ii) a reduction in tax revenue; or
(iii) any other factor, as determined to be appropriate by the Secretary.
(e) Assistance to nuclear host communities (1) Definitions In this subsection:
(A) Commission The term “Commission” means the Nuclear Regulatory Commission.
(B) Community advisory board The term “community advisory board” means a community committee or other advisory organization that—
(i) primarily focuses on the economic impacts of decommissioning activities; and
(ii) aims to foster communication and information exchange between a licensee planning for and involved in decommissioning activities and members of the community that decommissioning activities may affect.
(C) Decommission The term “decommission” has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations).
(D) Licensee The term “licensee” has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations).
(E) Nuclear host community The term “nuclear host community” means an eligible recipient that has been economically impacted, or reasonably demonstrates to the satisfaction of the Secretary that it will be economically impacted, by a nuclear power plant licensed by the Commission that—
(i) is not co-located with an operating nuclear power plant;
(ii) is at a site with spent nuclear fuel; and
(iii) as of January 4, 2025—
(I) has ceased operations; or
(II) has provided a written notification to the Commission that it will cease operations.
(2) Authorization On the application of an eligible recipient, the Secretary may make grants—
(A) to assist with economic development in nuclear host communities; and
(B) to fund community advisory boards in nuclear host communities.
(3) Requirement In carrying out this subsection, to the maximum extent practicable, the Secretary shall implement the recommendations described in the report submitted to Congress under section 108 of the Nuclear Energy Innovation and Modernization Act (Public Law 115439; 132 Stat. 5577) entitled “Best Practices for Establishment and Operation of Local Community Advisory Boards Associated with Decommissioning Activities at Nuclear Power Plants”.
(4) Distribution of funds The Secretary shall establish a methodology to ensure, to the maximum extent practicable, geographic diversity among grant recipients under this subsection.
(f) Special provisions relating to revolving loan fund grants (1) In general The Secretary shall promulgate regulations to maintain the proper operation and financial integrity of revolving loan funds established by recipients with assistance under this section.
(2) Efficient administration The Secretary may—
(A) at the request of a grantee, amend and consolidate grant agreements governing revolving loan funds to provide flexibility with respect to lending areas and borrower criteria;
(B) assign or transfer assets of a revolving loan fund to third party for the purpose of liquidation, and the third party may retain assets of the fund to defray costs related to liquidation; and
(C) take such actions as are appropriate to enable revolving loan fund operators to sell or securitize loans (except that the actions may not include issuance of a Federal guaranty by the Secretary).
(3) Treatment of actions An action taken by the Secretary under this subsection with respect to a revolving loan fund shall not constitute a new obligation if all grant funds associated with the original grant award have been disbursed to the recipient.
(4) Preservation of securities laws (A) Not treated as exempted securities No securities issued pursuant to paragraph (2)(C) shall be treated as exempted securities for purposes of the Securities Act of 1933 (15 U.S.C. 77a et seq.) or the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), unless exempted by rule or regulation of the Securities and Exchange Commission.
(B) Preservation Except as provided in subparagraph (A), no provision of this subsection or any regulation promulgated by the Secretary under this subsection supersedes or otherwise affects the application of the securities laws (as the term is defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))) or the rules, regulations, or orders of the Securities and Exchange Commission or a self-regulatory organization under that Commission.
(g) Disaster mitigation In providing assistance pursuant to subsection (c)(2), if appropriate and as applicable, the Secretary may encourage hazard mitigation in assistance provided pursuant to such subsection.
(Pub. L. 89136, title II, § 209, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3605; amended Pub. L. 108373, title II, § 207, Oct. 27, 2004, 118 Stat. 1762; Pub. L. 115254, div. D, § 1217(a), Oct. 5, 2018, 132 Stat. 3451; Pub. L. 118272, div. B, title II, § 2219, Jan. 4, 2025, 138 Stat. 3183.)
## Notes
Editorial Notes
References in TextThe Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (c)(2), is Pub. L. 93288, 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 section 5121 of this title and Tables. Section 108 of the Nuclear Energy Innovation and Modernization Act, referred to in subsec. (e)(3), is section 108 of Pub. L. 115439, title I, Jan. 14, 2019, 132 Stat. 5577, which is not classified to the Code. The Securities Act of 1933, referred to in subsec. (f)(4)(A), is title I of act May 27, 1933, ch. 38, 48 Stat. 74, which is classified generally to subchapter I (§ 77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 77a of Title 15 and Tables. The Securities Exchange Act of 1934, referred to in subsec. (f)(4)(A), is act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chapter 2B (§ 78a et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables.
Amendments2025—Subsec. (c)(5). Pub. L. 118272, § 2219(1)(B)(i), inserted “, travel and tourism, natural resource-based, blue economy, or agricultural” after “manufacturing”. Subsec. (c)(6), (7). Pub. L. 118272, § 2219(1)(A), (B)(ii), (C), added pars. (6) and (7). Subsecs. (d) to (g). Pub. L. 118272, § 2219(2), (3), added subsecs. (d) and (e) and redesignated former subsecs. (d) and (e) as (f) and (g), respectively. 2018—Subsec. (e). Pub. L. 115254 added subsec. (e). 2004—Subsec. (c)(5). Pub. L. 108373, § 207(a), added par. (5). Subsec. (d). Pub. L. 108373, § 207(b), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: “(1) In general.—Subject to paragraph (2), an eligible recipient of a grant under this section may directly expend the grant funds or may redistribute the funds to public and private entities in the form of a grant, loan, loan guarantee, payment to reduce interest on a loan guarantee, or other appropriate assistance. “(2) Limitation.—Under paragraph (1), an eligible recipient may not provide any grant to a private for-profit entity.”
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3150 - Changed project circumstances
## Text
In any case in which a grant (including a supplementary grant described in section 3145 of this title) has been made by the Secretary under this subchapter (or made under this chapter, as in effect on the day before the effective date of the Economic Development Administration Reform Act of 1998) for a project, and, after the grant has been made but before completion of the project, the purpose or scope of the project that was the basis of the grant is modified, the Secretary may approve, subject (except for a grant for which funds were obligated in fiscal year 1995) to the availability of appropriations, the use of grant funds for the modified project if the Secretary determines that—
(1) the modified project meets the requirements of this subchapter and is consistent with the comprehensive economic development strategy submitted as part of the application for the grant; and
(2) the modifications are necessary to enhance economic development in the area for which the project is being carried out.
(Pub. L. 89136, title II, § 210, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3606.)
## Notes
Editorial Notes
References in TextFor the effective date of the Economic Development Administration Reform Act of 1998, referred to in text, see section 105 of Pub. L. 105393, set out as an Effective Date note under section 3121 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3151 - Use of funds in projects constructed under projected cost
## Text
(a) In general In the case of a grant to a recipient for a construction project under section 3141 or 3149 of this title, if the Secretary determines, before closeout of the project, that the cost of the project, based on the designs and specifications that were the basis of the grant, has decreased because of decreases in costs, the Secretary may approve, without further appropriation, the use of the excess funds (or a portion of the excess funds) by the recipient—
(1) to increase the Federal share of the cost of a project under this title to the maximum percentage allowable under section 3144 of this title; or
(2) to improve the project.
(b) Other uses of excess funds Any amount of excess funds remaining after application of subsection (a) may be used by the Secretary for providing assistance under this chapter.
(c) Transferred funds In the case of excess funds described in subsection (a) in projects using funds transferred from other Federal agencies pursuant to section 3214 of this title, the Secretary shall—
(1) use the funds in accordance with subsection (a), with the approval of the originating agency; or
(2) return the funds to the originating agency.
(Pub. L. 89136, title II, § 211, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3606; amended Pub. L. 108373, title II, § 208, Oct. 27, 2004, 118 Stat. 1763; Pub. L. 1118, div. G, title I, § 1301(b), Mar. 11, 2009, 123 Stat. 829; Pub. L. 11168, div. A, title I, § 1501(a), Oct. 1, 2009, 123 Stat. 2041.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 3151 and 3151a were repealed by Pub. L. 105393, § 102(a). Section 3151, Pub. L. 89136, title III, § 301, Aug. 26, 1965, 79 Stat. 558; Pub. L. 91123, title III, § 302, Nov. 25, 1969, 83 Stat. 219; Pub. L. 9346, § 3(a), June 18, 1973, 87 Stat. 96, authorized technical assistance to alleviate or prevent excessive unemployment or underemployment. Section 3151a, Pub. L. 89136, title III, § 302, as added Pub. L. 93423, § 5(b), Sept. 27, 1974, 88 Stat. 1159; amended Pub. L. 94487, title I, § 110, Oct. 12, 1976, 90 Stat. 2333, authorized grants for economic development planning.
Amendments2009—Subsec. (d). Pub. L. 11168 struck out subsec. (d). Text read as follows: “The Comptroller General of the United States shall regularly review the implementation of this section.” Pub. L. 1118 added subsec. (d) and struck out former subsec. (d) which required the Comptroller General to review and report on the implementation of this section. 2004—Pub. L. 108373 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “In any case in which a grant (including a supplementary grant described in section 3145 of this title) has been made by the Secretary under this subchapter (or made under this chapter, as in effect on the day before the effective date of the Economic Development Administration Reform Act of 1998) for a construction project, and, after the grant has been made but before completion of the project, the cost of the project based on the designs and specifications that was the basis of the grant has decreased because of decreases in costs— “(1) the Secretary may approve, subject to the availability of appropriations, the use of the excess funds or a portion of the funds to improve the project; and “(2) any amount of excess funds remaining after application of paragraph (1) shall be deposited in the general fund of the Treasury.”
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3152 - Reports by recipients
## Text
(a) In general Each recipient of assistance under this subchapter shall submit reports to the Secretary at such intervals and in such manner as the Secretary shall require by regulation, except that no report shall be required to be submitted more than 10 years after the date of closeout of the assistance award.
(b) Contents Each report shall contain an evaluation of the effectiveness of the economic assistance provided under this subchapter in meeting the need that the assistance was designed to address and in meeting the objectives of this chapter.
(Pub. L. 89136, title II, § 212, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3606.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3152, Pub. L. 89136, title III, § 303, formerly § 302, Aug. 26, 1965, 79 Stat. 560, amended Pub. L. 91123, title III, § 303, Nov. 25, 1969, 83 Stat. 219; Pub. L. 91304, § 1(c), July 6, 1970, 84 Stat. 375; Pub. L. 9265, title I, § 105, Aug. 5, 1971, 85 Stat. 167; Pub. L. 9346, § 3(b), June 18, 1973, 87 Stat. 96; renumbered § 303 and amended Pub. L. 93423, § 5(a), (c), Sept. 27, 1974, 88 Stat. 1159, 1160; Pub. L. 94487, title I, § 111, Oct. 12, 1976, 90 Stat. 2334; Pub. L. 96506, § 1(5), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 9735, title XVIII, § 1821(a)(4), Aug. 13, 1981, 95 Stat. 766, authorized appropriations for technical assistance and economic development planning, prior to repeal by Pub. L. 105393, § 102(a).
Statutory Notes and Related Subsidiaries
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# 42 U.S.C. § 3153 - Prohibition on use of funds for attorneys and consultants fees
## Text
Assistance made available under this subchapter shall not be used directly or indirectly for an attorneys or consultants fee incurred in connection with obtaining grants and contracts under this subchapter.
(Pub. L. 89136, title II, § 213, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3607.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3153, Pub. L. 89136, title III, § 304, as added Pub. L. 93423, § 5(d), Sept. 27, 1974, 88 Stat. 1160; amended Pub. L. 94487, title I, § 112, Oct. 12, 1976, 90 Stat. 2334; Pub. L. 96506, § 1(6), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 9735, title XVIII, § 1821(a)(5), Aug. 13, 1981, 95 Stat. 766, authorized appropriations for supplemental and basic grants and loans, prior to repeal by Pub. L. 105393, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3154 - Special impact areas
## Text
(a) In general On the application of an eligible recipient that is determined by the Secretary to be unable to comply with the requirements of section 3162 of this title, the Secretary may waive, in whole or in part, the requirements of section 3162 of this title and designate the area represented by the recipient as a special impact area.
(b) Conditions The Secretary may make a designation under subsection (a) only after determining that—
(1) the project will fulfill a pressing need of the area; and
(2) the project will—
(A) be useful in alleviating or preventing conditions of excessive unemployment or underemployment; or
(B) assist in providing useful employment opportunities for the unemployed or underemployed residents in the area.
(c) Notification At the time of the designation under subsection (a), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice of the designation, including a justification for the designation.
(Pub. L. 89136, title II, § 214, as added Pub. L. 108373, title II, § 209(a), Oct. 27, 2004, 118 Stat. 1763.)
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# 42 U.S.C. § 3154a - Performance awards
## Text
(a) In general The Secretary may make a performance award in connection with a grant made, on or after October 27, 2004, to an eligible recipient for a project under section 3141 or 3149 of this title.
(b) Performance measures (1) Regulations The Secretary shall promulgate regulations to establish performance measures for making performance awards under subsection (a).
(2) Considerations In promulgating regulations under paragraph (1), the Secretary shall consider the inclusion of performance measures that assess—
(A) whether the recipient meets or exceeds scheduling goals;
(B) whether the recipient meets or exceeds job creation goals;
(C) amounts of private sector capital investments leveraged; and
(D) such other factors as the Secretary determines to be appropriate.
(c) Amount of awards (1) In general The Secretary shall base the amount of a performance award made under subsection (a) in connection with a grant on the extent to which a recipient meets or exceeds performance measures established in connection with the grant.
(2) Maximum amount The amount of a performance award may not exceed 10 percent of the amount of the grant.
(d) Use of awards A recipient of a performance award under subsection (a) may use the award for any eligible purpose under this chapter, in accordance with section 3212 of this title and such regulations as the Secretary may promulgate.
(e) Federal share Notwithstanding section 3144 of this title, the funds of a performance award may be used to pay up to 100 percent of the cost of an eligible project or activity.
(f) Treatment in meeting non-Federal share requirements For the purposes of meeting the non-Federal share requirements under this, or any other, Act the funds of a performance award shall be treated as funds from a non-Federal source.
(g) Terms and conditions In making performance awards under subsection (a), the Secretary shall establish such terms and conditions as the Secretary considers to be appropriate.
(h) Funding The Secretary shall use any amounts made available for economic development assistance programs to carry out this section.
(i) Reporting requirement The Secretary shall include information regarding performance awards made under this section in the annual report required under section 3213 of this title.
(j) Review by Comptroller General (1) Review The Comptroller General shall regularly review the implementation of this section.
(2) Report Not later than 1 year after October 27, 2004, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the Comptroller on implementation of this subsection.
(Pub. L. 89136, title II, § 215, as added Pub. L. 108373, title II, § 210(a), Oct. 27, 2004, 118 Stat. 1764.)
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# 42 U.S.C. § 3154b - Planning performance awards
## Text
(a) In general The Secretary may make a planning performance award in connection with a grant made, on or after October 27, 2004, to an eligible recipient for a project under this subchapter located in an economic development district.
(b) Eligibility The Secretary may make a planning performance award to an eligible recipient under subsection (a) in connection with a grant for a project if the Secretary determines before closeout of the project that—
(1) the recipient actively participated in the economic development activities of the economic development district in which the project is located;
(2) the project is consistent with the comprehensive economic development strategy of the district;
(3) the recipient worked with Federal, State, and local economic development entities throughout the development of the project; and
(4) the project was completed in accordance with the comprehensive economic development strategy of the district.
(c) Maximum amount The amount of a planning performance award made under subsection (a) in connection with a grant may not exceed 5 percent of the amount of the grant.
(d) Use of awards A recipient of a planning performance award under subsection (a) shall use the award to increase the Federal share of the cost of a project under this subchapter.
(e) Federal share Notwithstanding section 3144 of this title, the funds of a planning performance award may be used to pay up to 100 percent of the cost of a project under this subchapter.
(f) Funding The Secretary shall use any amounts made available for economic development assistance programs to carry out this section.
(Pub. L. 89136, title II, § 216, as added Pub. L. 108373, title II, § 211(a), Oct. 27, 2004, 118 Stat. 1765.)
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# 42 U.S.C. § 3154c - Direct expenditure or redistribution by recipient
## Text
(a) In general Subject to subsection (b), a recipient of a grant under section 3141, 3143, or 3147 of this title may directly expend the grant funds or may redistribute the funds in the form of a subgrant to other eligible recipients to fund required components of the scope of work approved for the project.
(b) Limitation A recipient may not redistribute grant funds received under section 3141 or 3143 of this title to a for-profit entity.
(c) Economic adjustment Subject to subsection (d), a recipient of a grant under section 3149 of this title may directly expend the grant funds or may redistribute the funds to public and private entities in the form of a grant, loan, loan guarantee, payment to reduce interest on a loan guarantee, or other appropriate assistance.
(d) Limitation Under subsection (c), a recipient may not provide any grant to a private for-profit entity.
(Pub. L. 89136, title II, § 217, as added Pub. L. 108373, title II, § 212(a), Oct. 27, 2004, 118 Stat. 1766.)
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# 42 U.S.C. § 3154d - Renewable energy program
## Text
(a) Definition of renewable energy site In this section, the term “renewable energy site” means a brownfield site that is redeveloped through the incorporation of 1 or more renewable energy technologies, including solar, wind, geothermal, ocean, and emerging, but proven, renewable energy technologies.
(b) Establishment On the application of an eligible recipient, the Secretary may make a grant for a project for the development of a renewable energy site if the Secretary determines that the project will—
(1) use 1 or more renewable energy technologies described in subsection (a), to develop abandoned or contaminated sites for commercial use; and
(2) improve the commercial and economic opportunities in the area in which the project is located.
(c) Savings clause To the extent that any portion of a grant awarded under subsection (b) involves remediation, the remediation shall be subject to section 3222 of this title.
(Pub. L. 89136, title II, § 218, as added Pub. L. 108373, title II, § 213(a), Oct. 27, 2004, 118 Stat. 1766; amended Pub. L. 118272, div. B, title II, § 2220, Jan. 4, 2025, 138 Stat. 3185.)
## Notes
Editorial Notes
Amendments2025—Pub. L. 118272, § 2220(1), substituted “Renewable energy” for “Brightfields demonstration” in section catchline. Subsec. (a). Pub. L. 118272, § 2220(2), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “In this section, the term brightfield site means a brownfield site that is redeveloped through the incorporation of 1 or more solar energy technologies.” Subsec. (b). Pub. L. 118272, § 2220(3)(A), (B), substituted “Establishment” for “Demonstration program” in heading and “renewable energy” for “brightfield” in introductory provisions. Subsec. (b)(1). Pub. L. 118272, § 2220(3)(C), substituted “renewable energy technologies described in subsection (a),” for “solar energy technologies”. Subsec. (d). Pub. L. 118272, § 2220(4), struck out subsec. (d). Text read as follows: “There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2004 through 2008, to remain available until expended.”
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# 42 U.S.C. § 3154e - Workforce training grants
## Text
(a) In general On the application of an eligible recipient, the Secretary may make grants to support the development and expansion of innovative workforce training programs through sectoral partnerships leading to quality jobs and the acquisition of equipment or construction of facilities to support workforce development activities.
(b) Eligible uses Funds from a grant under this section may be used for—
(1) acquisition or development of land and improvements to house workforce training activities;
(2) acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such a facility, including related equipment and machinery;
(3) acquisition of machinery or equipment to support workforce training activities;
(4) planning, technical assistance, and training;
(5) sector partnerships development, program design, and program implementation; and
(6) in the case of an eligible recipient that is a State, subject to subsection (c), a State program to support individual trainees for employment in critical industries with high demand and vacancies necessary for further economic development of the applicable State that—
(A) requires significant post-secondary training; but
(B) does not require a post-secondary degree.
(c) State grant pilot program (1) In general The Secretary may award grants to States for the purpose described in subsection (b)(6).
(2) Application To be eligible to receive a grant under this subsection, the Chief Executive of a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which shall include, at a minimum, the following:
(A) A method for identifying critical industry sectors driving in-State economic growth that face staffing challenges for in-demand jobs and careers.
(B) A governance structure for the implementation of the program established by the State, including defined roles for the consortia of agencies of such State, at a minimum, to include the State departments of economic development, labor, and education, or the State departments or agencies with jurisdiction over those matters.
(C) A strategy for recruiting participants from at least 1 community that meets 1 or more of the criteria described in section 3161(a) of this title.
(D) A plan for how the State will develop a tracking system for eligible programs, participant enrollment, participant outcomes, and an application portal for individual participants.
(3) Selection The Secretary shall award not more than 1 grant under this subsection to any State.
(4) Eligible uses A grant under this subsection may be used for—
(A) necessary costs to carry out the matters described in this subsection, including tuition and stipends for individuals that receive funds under the program established by the applicable State, subject to the requirements described in paragraph (6); and
(B) program implementation, planning, technical assistance, or training.
(5) Federal share Notwithstanding section 3144 of this title, the Federal share of the cost of any award carried out with a grant made under this subsection shall not exceed 70 percent.
(6) Participant amounts A State shall ensure that grant funds provided under this subsection to each individual that receives funds under the program established by the applicable State is the lesser of the following amounts:
(A) In a case in which the individual is also eligible for a Federal Pell Grant under section 1070a of title 20 for enrollment at the applicable training program for any award year of the training program, $11,000 minus the amount of the awarded Federal Pell Grant.
(B) For an individual not described in paragraph (1), the lesser of—
(i) $11,000; and
(ii) the total cost of the training program in which the individual is enrolled, including tuition, fees, career navigation services, textbook costs, expenses related to assessments and exams for certification or licensure, equipment costs, and wage stipends (in the case of a training program that is an earn-and-learn program).
(7) Termination The authority provided under this subsection shall expire on September 30, 2029.
(d) Coordination The Secretary shall coordinate the development of new workforce development models with the Secretary of Labor and the Secretary of Education.
(Pub. L. 89136, title II, § 219, as added Pub. L. 118272, div. B, title II, § 2221, Jan. 4, 2025, 138 Stat. 3186.)
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# 42 U.S.C. § 3154f - Congressional notification requirements
## Text
(a) In general In the case of a project described in subsection (b), the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives notice, in accordance with subsection (c), of the award of a grant for the project not less than 3 business days before notifying an eligible recipient of their selection for that award.
(b) Projects described A project referred to in subsection (a) is a project that the Secretary has selected to receive a grant administered by the Economic Development Administration in an amount not less than $100,000.
(c) Requirements A notification under subsection (a) shall include—
(1) the name of the project;
(2) the name of the applicant;
(3) the region in which the project is to be carried out;
(4) the State in which the project is to be carried out;
(5) the 1 or more counties or political subdivisions in which the project is to be carried out;
(6) the number of jobs expected to be created or retained as a result of the project;
(7) the estimated date of completion of the project;
(8) the amount of the grant awarded;
(9) a description of the project; and
(10) any additional information, as determined to be appropriate by the Secretary.
(d) Public availability The Secretary shall make a notification under subsection (a) publicly available not later than 60 days after the date on which the Secretary provides the notice.
(Pub. L. 89136, title II, § 220, as added Pub. L. 118272, div. B, title II, § 2222, Jan. 4, 2025, 138 Stat. 3187.)
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# 42 U.S.C. § 3154g - High-speed broadband deployment initiative
## Text
(a) Definitions In this section:
(1) Broadband project The term “broadband project” means, for the purposes of providing, extending, expanding, or improving high-speed broadband service to further the goals of this chapter—
(A) planning, technical assistance, or training;
(B) the acquisition or development of land; or
(C) the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of facilities, including related machinery, equipment, contractual rights, and intangible property.
(2) Eligible recipient (A) In general The term “eligible recipient” means an eligible recipient.
(B) Inclusions The term “eligible recipient” includes—
(i) a public-private partnership; and
(ii) a consortium formed for the purpose of providing, extending, expanding, or improving high-speed broadband service between 1 or more eligible recipients and 1 or more for-profit organizations.
(3) High-speed broadband The term “high-speed broadband” means the provision of 2-way data transmission with sufficient downstream and upstream speeds to end users to permit effective participation in the economy and to support economic growth, as determined by the Secretary.
(b) Broadband projects (1) In general On the application of an eligible recipient, the Secretary may make grants under this subchapter for broadband projects, which shall be subject to the provisions of this section.
(2) Considerations In reviewing applications submitted under paragraph (1), the Secretary shall take into consideration geographic diversity of grants provided, including consideration of underserved markets, in addition to data requested in paragraph (3).
(3) Data requested In reviewing an application submitted under paragraph (1), the Secretary shall request from the Federal Communications Commission, the Administrator of the National Telecommunications and Information Administration, the Secretary of Agriculture, and the Appalachian Regional Commission data on—
(A) the level and extent of broadband service that exists in the area proposed to be served; and
(B) the level and extent of broadband service that will be deployed in the area proposed to be served pursuant to another Federal program.
(4) Interest in real or personal property For any broadband project carried out by an eligible recipient that is a public-private partnership or consortium, the Secretary shall require that title to any real or personal property acquired or improved with grant funds, or if the recipient will not acquire title, another possessory interest acceptable to the Secretary, be vested in a public partner or eligible nonprofit organization or association for the useful life of the project, after which title may be transferred to any member of the public-private partnership or consortium in accordance with regulations promulgated by the Secretary.
(5) Procurement Notwithstanding any other provision of law, no person or entity shall be disqualified from competing to provide goods or services related to a broadband project on the basis that the person or entity participated in the development of the broadband project or in the drafting of specifications, requirements, statements of work, or similar documents related to the goods or services to be provided.
(6) Broadband project property (A) In general The Secretary may permit a recipient of a grant for a broadband project to grant an option to acquire real or personal property (including contractual rights and intangible property) related to that project to a third party on such terms as the Secretary determines to be appropriate, subject to the condition that the option may only be exercised after the Secretary releases the Federal interest in the property.
(B) Treatment The grant or exercise of an option described in subparagraph (A) shall not constitute a redistribution of grant funds under section 3154c of this title.
(c) Non-Federal share In determining the amount of the non-Federal share of the cost of a broadband project, the Secretary may provide credit toward the non-Federal share for the present value of allowable contributions over the useful life of the broadband project, subject to the condition that the Secretary may require such assurances of the value of the rights and of the commitment of the rights as the Secretary determines to be appropriate.
(Pub. L. 89136, title II, § 221, as added Pub. L. 118272, div. B, title II, § 2223, Jan. 4, 2025, 138 Stat. 3188.)
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# 42 U.S.C. § 3154h - Critical Supply Chain Site Development grant program
## Text
(a) In general On the application of an eligible recipient, the Secretary may make grants under the “Critical Supply Chain Site Development grant program” (referred to in this section as the “grant program”) to carry out site development or expansion projects for the purpose of making the site ready for manufacturing projects.
(b) Considerations In providing a grant to an eligible recipient under the grant program, the Secretary may consider whether—
(1) the proposed improvements to the site will improve economic conditions for rural areas, Tribal communities, or areas that meet 1 or more of the criteria described in section 3161(a) of this title;
(2) the project is consistent with regional economic development plans, which may include a comprehensive economic development strategy;
(3) the eligible recipient has initiatives to prioritize job training and workforce development; and
(4) the project supports industries determined by the Secretary to be of strategic importance to the national or economic security of the United States.
(c) Priority In awarding grants to eligible recipients under the grant program, the Secretary shall give priority to eligible recipients that propose to carry out a project that—
(1) has State, local, private, or nonprofit funds being contributed to assist with site development efforts; and
(2) if the site development or expansion project is carried out, will result in a demonstrated interest in the site by commercial entities or other entities.
(d) Use of funds A grant provided under the grant program may be used for the following activities relating to the development or expansion of a site:
(1) Investments in site utility readiness, including—
(A) construction of on-site utility infrastructure;
(B) construction of last-mile infrastructure, including road infrastructure, water infrastructure, power infrastructure, broadband infrastructure, and other physical last-mile infrastructure;
(C) site grading; and
(D) other activities to extend public utilities or services to a site, as determined appropriate by the Secretary.
(2) Investments in site readiness, including—
(A) land assembly;
(B) environmental reviews;
(C) zoning;
(D) design;
(E) engineering; and
(F) permitting.
(3) Investments in workforce development and sustainability programs, including job training and retraining programs.
(4) Investments to ensure that disadvantaged communities have access to on-site jobs.
(e) Prohibition (1) In general Subject to paragraph (2), in awarding grants under the grant program, the Secretary shall not require an eligible recipient to demonstrate that a private company or investment has selected the site for development or expansion.
(2) Safeguards In awarding grants under the grant program, the Secretary shall include necessary safeguards to ensure that—
(A) the site development is fully completed within a reasonable timeframe; and
(B) the eligible recipient has sufficiently demonstrated private sector interest.
(Pub. L. 89136, title II, § 222, as added Pub. L. 118272, div. B, title II, § 2224, Jan. 4, 2025, 138 Stat. 3189.)
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# 42 U.S.C. § 3161 - Eligibility of areas
## Text
(a) In general For a project to be eligible for assistance under section 3141 or 3149 of this title, the project shall be located in an area that, on the date of submission of the application, meets 1 or more of the following criteria:
(1) Low per capita income The area has a per capita income of 80 percent or less of the national average.
(2) Unemployment rate above national average The area has an unemployment rate that is, for the most recent 24-month period for which data are available, at least 1 percent greater than the national average unemployment rate.
(3) Unemployment, underemployment, or economic adjustment problems The area is an area that the Secretary determines has experienced or is about to experience a special need arising from actual or threatened severe unemployment, underemployment, or economic adjustment problems resulting from severe short-term or long-term changes in economic conditions.
(4) Low median household income The area has a median household income of 80 percent or less of the national average.
(5) Workforce participation The area has—
(A) a labor force participation rate of 90 percent or less of the national average; or
(B) a prime-age employment gap of 5 percent or more.
(6) Expected economic dislocation and distress from energy industry transitions The area is an area that is expected to experience actual or threatened severe unemployment or economic adjustment problems resulting from severe short-term or long-term changes in economic conditions from energy industries that are experiencing accelerated contraction.
(b) Political boundaries of areas An area that meets 1 or more of the criteria of subsection (a), including a small area of poverty or high unemployment within a larger community in less economic distress, shall be eligible for assistance under section 3141 or 3149 of this title without regard to political or other subdivisions or boundaries.
(c) Documentation (1) In general A determination of eligibility under subsection (a) shall be supported by the most recent Federal data available (including data available from the Bureau of Economic Analysis, the Bureau of Labor Statistics, the Census Bureau, the Bureau of Indian Affairs, or any other Federal source determined by the Secretary to be appropriate), or, if no recent Federal data is available, by the most recent data available through the government of the State in which the area is located.
(2) Acceptance by Secretary The documentation shall be accepted by the Secretary unless the Secretary determines that the documentation is inaccurate.
(d) Prior designations Any designation of a redevelopment area made before the effective date of the Economic Development Administration Reform Act of 1998 shall not be effective after that effective date.
(e) Transparency To the extent the Secretary includes neighboring counties and communities in an economic development district in accordance with subsection (a)(3), the Secretary shall submit to Congress, and make publicly available online, a notification describing the justification for such inclusion and detailing the economic indicators of such neighboring counties and communities.
(Pub. L. 89136, title III, § 301, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3607; amended Pub. L. 108373, title III, § 301, Oct. 27, 2004, 118 Stat. 1767; Pub. L. 118272, div. B, title II, § 2225, Jan. 4, 2025, 138 Stat. 3191.)
## Notes
Editorial Notes
References in TextFor the effective date of the Economic Development Administration Reform Act of 1998, referred to in subsec. (d), see section 105 of Pub. L. 105393, set out as an Effective Date note under section 3121 of this title.
Prior ProvisionsA prior section 3161, Pub. L. 89136, title IV, § 401, Aug. 26, 1965, 79 Stat. 560; Pub. L. 89794, title XI, § 1102, Nov. 8, 1966, 80 Stat. 1477; Pub. L. 91123, title III, § 304, Nov. 25, 1969, 83 Stat. 219; Pub. L. 9265, title I, § 106, Aug. 5, 1971, 85 Stat. 167; Pub. L. 93423, §§ 3(a), 6, Sept. 27, 1974, 88 Stat. 1158, 1161; Pub. L. 94487, title I, §§ 113, 114, Oct. 12, 1976, 90 Stat. 2334, set forth criteria for determining eligible redevelopment areas, prior to repeal by Pub. L. 105393, § 102(a). A prior section 301 of Pub. L. 89136 was classified to section 3151 of this title prior to repeal by Pub. L. 105393, § 102(a).
Amendments2025—Subsec. (a)(3) to (6). Pub. L. 118272, § 2225(1), added pars. (3) to (6) and struck out former par. (3). Prior to amendment, text of par. (3) read as follows: “The area is an area that the Secretary determines has experienced or is about to experience a special need arising from actual or threatened severe unemployment or economic adjustment problems resulting from severe short-term or long-term changes in economic conditions.” Subsec. (e). Pub. L. 118272, § 2225(2), added subsec. (e). 2004—Subsec. (c)(1). Pub. L. 108373 inserted “(including data available from the Bureau of Economic Analysis, the Bureau of Labor Statistics, the Census Bureau, the Bureau of Indian Affairs, or any other Federal source determined by the Secretary to be appropriate)” after “most recent Federal data available”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3162 - Comprehensive economic development strategies
## Text
(a) In general The Secretary may provide assistance under section 3141 or 3149 of this title (except for planning assistance under section 3149 of this title) to an eligible recipient for a project only if the eligible recipient submits to the Secretary, as part of an application for the assistance—
(1) an identification of the economic development problems to be addressed using the assistance;
(2) an identification of the past, present, and projected future economic development investments in the area receiving the assistance and public and private participants and sources of funding for the investments; and
(3) (A) a comprehensive economic development strategy for addressing the economic problems identified under paragraph (1) in a manner that promotes economic development and opportunity, fosters effective transportation access, maximizes effective development and use of the workforce consistent with any applicable State or local workforce investment strategy, promotes the use of technology in economic development (including access to high-speed telecommunications), enhances and protects the environment, including to mitigate and adapt to the economic impacts of extreme weather, and balances resources through sound management of development; and
(B) a description of how the strategy will solve the problems.
(b) Approval of comprehensive economic development strategy The Secretary shall approve a comprehensive economic development strategy that meets the requirements of subsection (a) to the satisfaction of the Secretary.
(c) Approval of other plan (1) In general The Secretary may accept as a comprehensive economic development strategy a satisfactory plan developed under another federally supported program.
(2) Existing strategy To the maximum extent practicable, a plan submitted under this paragraph shall be consistent and coordinated with any existing comprehensive economic development strategy for the area.
(d) Exception This section shall not apply to grants awarded under section 3147 of this title or grants awarded under section 3149(c)(2) of this title for areas to which more than one comprehensive economic development strategy may apply.
(Pub. L. 89136, title III, § 302, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3608; amended Pub. L. 108373, title III, § 302, Oct. 27, 2004, 118 Stat. 1767; Pub. L. 118272, div. B, title II, § 2226, Jan. 4, 2025, 138 Stat. 3191.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3162, Pub. L. 89136, title IV, § 402, Aug. 26, 1965, 79 Stat. 561; Pub. L. 9265, title I, § 107, Aug. 5, 1971, 85 Stat. 167, required annual review of area eligibility, prior to repeal by Pub. L. 105393, § 102(a). A prior section 302 of Pub. L. 89136 was classified to section 3151a of this title prior to repeal by Pub. L. 105393, § 102(a).
Amendments2025—Subsec. (a)(3)(A). Pub. L. 118272, § 2226(1), inserted “including to mitigate and adapt to the economic impacts of extreme weather,” after “enhances and protects the environment,”. Subsec. (d). Pub. L. 118272, § 2226(2), added subsec. (d). 2004—Subsec. (a)(3)(A). Pub. L. 108373, § 302(a), inserted “maximizes effective development and use of the workforce consistent with any applicable State or local workforce investment strategy, promotes the use of technology in economic development (including access to high-speed telecommunications),” after “access,”. Subsec. (c). Pub. L. 108373, § 302(b), designated existing provisions as par. (1), inserted heading, and added par. (2).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3171 - Designation of economic development districts
## Text
(a) In general In order that economic development projects of broad geographic significance may be planned and carried out, the Secretary may designate appropriate economic development districts in the United States, with the concurrence of the States in which the districts will be wholly or partially located, if—
(1) the proposed district is of sufficient size or population, and contains sufficient resources, to foster economic development on a scale involving more than a single area described in section 3161(a) of this title;
(2) the proposed district contains at least 1 area described in section 3161(a) of this title; and
(3) the proposed district has a comprehensive economic development strategy that—
(A) contains a specific program for intra-district cooperation, self-help, and public investment; and
(B) is approved by each affected State and by the Secretary.
(b) Authorities The Secretary may, under regulations promulgated by the Secretary—
(1) invite the States to determine boundaries for proposed economic development districts;
(2) cooperate with the States—
(A) in sponsoring and assisting district economic planning and economic development groups; and
(B) in assisting the district groups in formulating comprehensive economic development strategies for districts; and
(3) encourage participation by appropriate local government entities in the economic development districts.
(Pub. L. 89136, title IV, § 401, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3608.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3171, Pub. L. 89136, title IV, § 403, Aug. 26, 1965, 79 Stat. 562; Pub. L. 91304, § 1(d), July 6, 1970, 84 Stat. 375; Pub. L. 9265, title I, § 108, Aug. 5, 1971, 85 Stat. 167; Pub. L. 9346, § 4, June 18, 1973, 87 Stat. 96; Pub. L. 93423, § 7, Sept. 27, 1974, 88 Stat. 1161; Pub. L. 94487, title I, § 115, Oct. 12, 1976, 90 Stat. 2335; Pub. L. 96506, § 1(7), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 9735, title XVIII, § 1821(a)(6), Aug. 13, 1981, 95 Stat. 766, authorized Secretary to designate economic development districts and centers, prior to repeal by Pub. L. 105393, § 102(a). A prior section 401 of Pub. L. 89136 was classified to section 3161 of this title prior to repeal by Pub. L. 105393, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3172 - Termination or modification of economic development districts
## Text
The Secretary shall, by regulation, promulgate standards for the termination or modification of the designation of economic development districts.
(Pub. L. 89136, title IV, § 402, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3609.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3172, Pub. L. 89136, title IV, § 404, as added Pub. L. 93423, § 8, Sept. 27, 1974, 88 Stat. 1162; amended Pub. L. 94487, title I, § 116, Oct. 12, 1976, 90 Stat. 2335; Pub. L. 96506, § 1(8), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 9735, title XVIII, § 1821(a)(7), Aug. 13, 1981, 95 Stat. 766, authorized additional appropriations for Indian economic development, prior to repeal by Pub. L. 105393, § 102(a). A prior section 402 of Pub. L. 89136 was classified to section 3162 of this title prior to repeal by Pub. L. 105393, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
@@ -0,0 +1,37 @@
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# 42 U.S.C. § 3173 - Repealed. Pub. L. 108373, title IV, § 401(a), Oct. 27, 2004, 118 Stat. 1767
## Notes
Section, Pub. L. 89136, title IV, § 403, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3609, related to incentives for projects in economic development districts.
A prior section 3173, Pub. L. 89136, title IV, § 405, as added Pub. L. 94487, title I, § 117, Oct. 12, 1976, 90 Stat. 2335, directed furnishing of unemployment rate information by either Federal Government or State, prior to repeal by Pub. L. 105393, § 102(a).
A prior section 403 of Pub. L. 89136 was classified to section 3171 of this title prior to repeal by Pub. L. 105393, § 102(a).
@@ -0,0 +1,47 @@
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title: "42 U.S.C. § 3174"
description: "Provision of comprehensive economic development strategies to Regional Commissions"
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# 42 U.S.C. § 3174 - Provision of comprehensive economic development strategies to Regional Commissions
## Text
If any part of an economic development district is in a region covered by 1 or more of the Regional Commissions, the economic development district shall ensure that a copy of the comprehensive economic development strategy of the district is provided to the affected Regional Commission.
(Pub. L. 89136, title IV, § 404, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3609; amended Pub. L. 108373, title IV, § 402(a), Oct. 27, 2004, 118 Stat. 1768.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 404 of Pub. L. 89136 was classified to section 3172 of this title prior to repeal by Pub. L. 105393, § 102(a).
Amendments2004—Pub. L. 108373 amended section catchline and text generally. Prior to amendment, text read as follows: “If any part of an economic development district is in the Appalachian region (as defined in section 403 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.)), the economic development district shall ensure that a copy of the comprehensive economic development strategy of the district is provided to the Appalachian Regional Commission established under that Act.”
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
@@ -0,0 +1,45 @@
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# 42 U.S.C. § 3175 - Assistance to parts of economic development districts not in eligible areas
## Text
Notwithstanding section 3161 of this title, the Secretary may provide such assistance as is available under this chapter for a project in a part of an economic development district that is not in an area described in section 3161(a) of this title, if the project will be of a substantial direct benefit to an area described in section 3161(a) of this title that is located in the district.
(Pub. L. 89136, title IV, § 405, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3609.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 405 of Pub. L. 89136 was classified to section 3173 of this title prior to repeal by Pub. L. 105393, § 102(a). Prior sections 3181 to 3190 were repealed by Pub. L. 9735, title XVIII, § 1821(a)(8), Aug. 13, 1981, 95 Stat. 766, effective Sept. 30, 1981. Section 3181, Pub. L. 89136, title V, § 501, Aug. 26, 1965, 79 Stat. 564; Pub. L. 91123, title II, § 202, Nov. 25, 1969, 83 Stat. 216; Pub. L. 94188, title II, § 209(a), Dec. 31, 1975, 89 Stat. 1091, related to designation, etc., of economic development regions. Section 3182, Pub. L. 89136, title V, § 502, Aug. 26, 1965, 79 Stat. 564; Pub. L. 94188, title II, §§ 208, 209(b), Dec. 31, 1975, 89 Stat. 1091, related to establishment, membership, etc., of regional commissions. Section 3183, Pub. L. 89136, title V, § 503, Aug. 26, 1965, 79 Stat. 565; Pub. L. 90103, title II, § 201, Oct. 11, 1967, 81 Stat. 266; Pub. L. 93423, § 9(a), Sept. 27, 1974, 88 Stat. 1162, set forth functions of Commissions. Section 3184, Pub. L. 89136, title V, § 504, Aug. 26, 1965, 79 Stat. 566, set out program development criteria. Section 3185, Pub. L. 89136, title V, § 505, Aug. 26, 1965, 79 Stat. 566; Pub. L. 90103, title II, § 202, Oct. 11, 1967, 81 Stat. 266; Pub. L. 91123, title II, § 203, Nov. 25, 1969, 83 Stat. 216; Pub. L. 93423, § 9(b), Sept. 27, 1974, 88 Stat. 1162; Pub. L. 94273, § 2(25), Apr. 21, 1976, 90 Stat. 376, set out provisions relating to technical and planning assistance to regional commissions. Section 3186, Pub. L. 89136, title V, § 506, Aug. 26, 1965, 79 Stat. 567; Pub. L. 91123, title II, § 204, Nov. 25, 1969, 83 Stat. 217, related to administrative powers of regional commissions and headquarters of Federal cochairman. Section 3187, Pub. L. 89136, title V, § 507, Aug. 26, 1965, 79 Stat. 568, related to information procurement. Section 3188, Pub. L. 89136, title V, § 508, Aug. 26, 1965, 79 Stat. 568, related to personal financial interests of commission personnel. Section 3188a, Pub. L. 89136, title V, § 509, as added Pub. L. 90103, title II, § 203, Oct. 11, 1967, 81 Stat. 266; amended Pub. L. 91123, title II, § 205, Nov. 25, 1969, 83 Stat. 217; Pub. L. 91258, title I, § 52(b)(2), May 21, 1970, 84 Stat. 235; Pub. L. 9265, title I, § 109, Aug. 5, 1971, 85 Stat. 167; Pub. L. 9346, § 5, June 18, 1973, 87 Stat. 97; Pub. L. 93423, § 9(c), Sept. 27, 1974, 88 Stat. 1162; Pub. L. 94188, title II, § 202, Dec. 31, 1975, 89 Stat. 1087; Pub. L. 94487, title I, §§ 118, 119, Oct. 12, 1976, 90 Stat. 2335, 2336; Pub. L. 96506, § 1(9), Dec. 8, 1980, 94 Stat. 2745, related to supplements to Federal grant-in-aid programs. Section 3189, Pub. L. 89136, title V, § 510, formerly § 509, Aug. 26, 1965, 79 Stat. 569; renumbered § 510, Pub. L. 90103, title II, § 203, Oct. 11, 1967, 81 Stat. 266; Pub. L. 94273, § 25, Apr. 21, 1976, 90 Stat. 380, related to annual reports to Congress. Section 3190, Pub. L. 89136, title V, § 511, as added Pub. L. 91123, title II, § 206, Nov. 25, 1969, 83 Stat. 218; amended Pub. L. 93423, § 9(d), Sept. 27, 1974, 88 Stat. 1162, required coordination of activities between Secretary and Federal cochairmen in grants and loans.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
@@ -0,0 +1,49 @@
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# 42 U.S.C. § 3191 - Assistant Secretary for Economic Development
## Text
(a) In general The Secretary shall carry out this chapter through an Assistant Secretary of Commerce for Economic Development, to be appointed by the President, by and with the advice and consent of the Senate.
(b) Compensation The Assistant Secretary of Commerce for Economic Development shall be compensated at the rate payable for level IV of the Executive Schedule under section 5315 of title 5.
(c) Duties The Assistant Secretary of Commerce for Economic Development shall carry out such duties as the Secretary shall require and shall serve as the administrator of the Economic Development Administration of the Department.
(Pub. L. 89136, title V, § 501, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3610.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3191, Pub. L. 89136, title V, § 512, as added Pub. L. 91123, title II, § 206, Nov. 25, 1969, 83 Stat. 218; amended Pub. L. 9265, title I, § 110, Aug. 5, 1971, 85 Stat. 167, related to Federal Field Committee for Development Planning in Alaska, prior to repeal by Pub. L. 9735, title XVIII, § 1821(a)(8), Aug. 13, 1981, 95 Stat. 766, effective Sept. 30, 1981. A prior section 501 of Pub. L. 89136 was classified to section 3181 of this title prior to repeal by Pub. L. 9735, § 1821(a)(8).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
@@ -0,0 +1,61 @@
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---
# 42 U.S.C. § 3192 - Economic development information clearinghouse
## Text
In carrying out this chapter, the Secretary shall—
(1) maintain a central information clearinghouse on the Internet with—
(A) information on economic development, economic adjustment, disaster recovery, defense conversion, and trade adjustment programs and activities of the Federal Government;
(B) links to State economic development organizations; and
(C) links to other appropriate economic development resources;
(2) assist potential and actual applicants for economic development, economic adjustment, disaster recovery, defense conversion, and trade adjustment assistance under Federal and State laws in locating and applying for the assistance;
(3) assist areas described in section 3161(a) of this title and other areas by providing to interested persons, communities, industries, and businesses in the areas any technical information, market research, or other forms of assistance, information, or advice that would be useful in alleviating or preventing conditions of excessive unemployment or underemployment in the areas; and
(4) obtain appropriate information from other Federal agencies needed to carry out the duties under this chapter.
(Pub. L. 89136, title V, § 502, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3610; amended Pub. L. 108373, title V, § 501, Oct. 27, 2004, 118 Stat. 1768.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3192, Pub. L. 89136, title V, § 513, as added Pub. L. 91123, title II, § 206, Nov. 25, 1969, 83 Stat. 219; amended Pub. L. 94188, title II, § 203, Dec. 31, 1975, 89 Stat. 1087, related to regional transportation systems, prior to repeal by Pub. L. 9735, title XVIII, § 1821(a)(8), Aug. 13, 1981, 95 Stat. 766, effective Sept. 30, 1981. A prior section 502 of Pub. L. 89136 was classified to section 3182 of this title prior to repeal by Pub. L. 9735, § 1821(a)(8).
Amendments2004—Par. (1). Pub. L. 108373, § 501(1), added par. (1) and struck out former par. (1) which read as follows: “maintain a central information clearinghouse on matters relating to economic development, economic adjustment, disaster recovery, defense conversion, and trade adjustment programs and activities of the Federal and State governments, including political subdivisions of States;”. Par. (2). Pub. L. 108373, § 501(2), added par. (2) and struck out former par. (2) which read as follows: “assist potential and actual applicants for economic development, economic adjustment, disaster recovery, defense conversion, and trade adjustment assistance under Federal, State, and local laws in locating and applying for the assistance; and”. Par. (4). Pub. L. 108373, § 501(3), (4), added par. (4).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
@@ -0,0 +1,47 @@
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# 42 U.S.C. § 3193 - Consultation with other persons and agencies
## Text
(a) Consultation on problems relating to employment The Secretary may consult with any persons, including representatives of labor, management, agriculture, and government, who can assist in addressing the problems of area and regional unemployment or underemployment.
(b) Consultation on administration of chapter The Secretary may provide for such consultation with interested Federal agencies as the Secretary determines to be appropriate in the performance of the duties of the Secretary under this chapter.
(Pub. L. 89136, title V, § 503, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3610.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3193, Pub. L. 89136, title V, § 514, as added Pub. L. 93423, § 11, Sept. 27, 1974, 88 Stat. 1162, provided for the acquisition and disposal of excess property from the Administrator of General Services by the Federal cochairman of each regional action planning commission, prior to repeal by Pub. L. 94519, §§ 6, 9, Oct. 17, 1976, 90 Stat. 2456, 2457, effective Oct. 17, 1977. A prior section 503 of Pub. L. 89136 was classified to section 3183 of this title prior to repeal by Pub. L. 9735, § 1821(a)(8).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
@@ -0,0 +1,45 @@
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# 42 U.S.C. § 3194 - Administration, operation, and maintenance
## Text
The Secretary shall approve Federal assistance under this chapter only if the Secretary is satisfied that the project for which Federal assistance is granted will be properly and efficiently administered, operated, and maintained.
(Pub. L. 89136, title V, § 504, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3610.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3194, Pub. L. 89136, title V, § 515, as added Pub. L. 94188, title II, § 204, Dec. 31, 1975, 89 Stat. 1088, related to energy demonstration projects and programs, prior to repeal by Pub. L. 9735, title XVIII, § 1821(a)(8), Aug. 13, 1981, 95 Stat. 766, effective Sept. 30, 1981. A prior section 504 of Pub. L. 89136 was classified to section 3184 of this title prior to repeal by Pub. L. 9735, § 1821(a)(8).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
@@ -0,0 +1,37 @@
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# 42 U.S.C. § 3195 - Repealed. Pub. L. 108373, title V, § 502(a), Oct. 27, 2004, 118 Stat. 1768
## Notes
Section, Pub. L. 89136, title V, § 505, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3610, related to businesses desiring Federal contracts.
A prior section 3195, Pub. L. 89136, title V, § 516, as added Pub. L. 94188, title II, § 205, Dec. 31, 1975, 89 Stat. 1088, related to health and nutrition demonstration projects, prior to repeal by Pub. L. 9735, title XVIII, § 1821(a)(8), Aug. 13, 1981, 95 Stat. 766, effective Sept. 30, 1981.
A prior section 505 of Pub. L. 89136 was classified to section 3185 of this title prior to repeal by Pub. L. 9735, § 1821(a)(8).
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# 42 U.S.C. § 3196 - Performance evaluations of grant recipients
## Text
(a) In general The Secretary shall conduct an evaluation of each university center and each economic development district that receives grant assistance under this chapter (each referred to in this section as a “grantee”) to assess the grantees performance and contribution toward retention and creation of employment.
(b) Purpose of evaluations of university centers The purpose of the evaluations of university centers under subsection (a) shall be to determine which university centers are performing well and are worthy of continued grant assistance under this chapter, and which should not receive continued assistance, so that university centers that have not previously received assistance may receive assistance.
(c) Timing of evaluations Evaluations under subsection (a) shall be conducted on a continuing basis so that each grantee is evaluated within 3 years after the first award of assistance to the grantee, and at least once every 3 years thereafter, so long as the grantee receives the assistance.
(d) Evaluation criteria (1) Establishment The Secretary shall establish criteria for use in conducting evaluations under subsection (a).
(2) Evaluation criteria for university centers The criteria for evaluation of a university center shall, at a minimum, provide for an assessment of the centers contribution to providing technical assistance, conducting applied research, program performance, and disseminating results of the activities of the center.
(3) Evaluation criteria for economic development districts The criteria for evaluation of an economic development district shall, at a minimum, provide for an assessment of management standards, financial accountability, and program performance.
(e) Peer review In conducting an evaluation of a university center or economic development district under subsection (a), the Secretary shall provide for the participation of at least 1 other university center or economic development district, as appropriate, on a cost-reimbursement basis.
(Pub. L. 89136, title V, § 506, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3611; amended Pub. L. 108373, title V, § 503, Oct. 27, 2004, 118 Stat. 1769.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3196, Pub. L. 89136, title V, § 517, as added Pub. L. 94188, title II, § 206, Dec. 31, 1975, 89 Stat. 1090, related to vocational and technical educational demonstration projects, prior to repeal by Pub. L. 9735, title XVIII, § 1821(a)(8), Aug. 13, 1981, 95 Stat. 766, effective Sept. 30, 1981. A prior section 506 of Pub. L. 89136 was classified to section 3186 of this title prior to repeal by Pub. L. 9735, § 1821(a)(8).
Amendments2004Subsec. (c). Pub. L. 108373, § 503(a), struck out “after the effective date of the Economic Development Administration Reform Act of 1998” after “assistance to the grantee”. Subsec. (d)(2). Pub. L. 108373, § 503(b), inserted “program performance,” after “applied research,”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3197 - Notification of reorganization
## Text
Not later than 30 days before the date of any reorganization of the offices, programs, or activities of the Economic Development Administration, the Secretary shall provide notification of the reorganization to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.
(Pub. L. 89136, title V, § 507, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3611.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 507 of Pub. L. 89136 was classified to section 3187 of this title prior to repeal by Pub. L. 9735, § 1821(a)(8). Prior sections 3201 to 3204 were repealed by Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3597. Section 3201, Pub. L. 89136, title VI, § 601(a), Aug. 26, 1965, 79 Stat. 569; Pub. L. 97195, § 1(c)(3), June 16, 1982, 96 Stat. 115, related to appointment of Assistant Secretary of Commerce and Administrator for Economic Development. Section 3202, Pub. L. 89136, title VI, § 602, Aug. 26, 1965, 79 Stat. 570, related to National Public Advisory Committee on Regional Economic Development. Section 3203, Pub. L. 89136, title VI, § 603, Aug. 26, 1965, 79 Stat. 570, authorized Secretary to consult with other persons and agencies. Section 3204, Pub. L. 89136, title VI, § 604, as added Pub. L. 90103, title II, § 204, Oct. 11, 1967, 81 Stat. 268, conditioned assistance upon proper administration, operation, and maintenance of project.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3198 - Office of Tribal Economic Development
## Text
(a) Establishment There is established within the Economic Development Administration an Office of Tribal Economic Development (referred to in this section as the “Office”).
(b) Purposes The purposes of the Office shall be—
(1) to coordinate all Tribal economic development activities carried out by the Secretary;
(2) to help Tribal communities access economic development assistance programs, including the assistance provided under this chapter;
(3) to coordinate Tribal economic development strategies and efforts with other Federal agencies; and
(4) to be a participant in any negotiated rulemakings or consultations relating to, or having an impact on, projects, programs, or funding that benefit Tribal communities.
(c) Tribal economic development strategy (1) In general Not later than 1 year after January 4, 2025, the Office shall initiate a Tribal consultation process to develop, and not less frequently than every 3 years thereafter, update, a strategic plan for Tribal economic development for the Economic Development Administration.
(2) Submission to Congress Not later than 1 year after January 4, 2025, and not less frequently than every 3 years thereafter, the Office shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate the strategic plan for Tribal economic development developed under paragraph (1).
(d) Outreach The Secretary shall establish a publicly facing website to help provide a comprehensive, single source of information for Indian tribes, Tribal leaders, Tribal businesses, and citizens in Tribal communities to better understand and access programs that support economic development in Tribal communities, including the economic development programs administered by Federal agencies or departments other than the Department.
(e) Dedicated staff The Secretary shall ensure that the Office has sufficient staff to carry out all outreach activities under this section.
(Pub. L. 89136, title V, § 508, as added Pub. L. 118272, div. B, title II, § 2227, Jan. 4, 2025, 138 Stat. 3192.)
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# 42 U.S.C. § 3199 - Office of Disaster Recovery and Resilience
## Text
(a) Establishment The Secretary shall establish an Office of Disaster Recovery and Resilience—
(1) to direct and implement the post-disaster economic recovery responsibilities of the Economic Development Administration pursuant to subsections (c)(2) and (e) of section 3149 of this title and section 3233 of this title;
(2) to direct and implement economic recovery and enhanced resilience support function activities as directed under the National Disaster Recovery Framework; and
(3) support long-term economic recovery in communities in which a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or otherwise impacted by an event of national significance, as determined by the Secretary, through—
(A) convening and deploying an economic development assessment team;
(B) hosting or attending convenings related to identification of additional Federal, State, local, and philanthropic entities and resources;
(C) exploring potential flexibilities related to existing awards;
(D) provision of technical assistance through staff or contractual resources; and
(E) other activities determined by the Secretary to be appropriate.
(b) Appointment authorities (1) Appointment The Secretary is authorized to appoint such temporary personnel as may be necessary to carry out the responsibilities of the Office of Disaster Recovery and Resilience, without regard to the provisions of subchapter I of chapter 33 of title 5 governing appointments in the competitive service.
(2) Conversion of employees Notwithstanding chapter 33 of title 5, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, a temporary employee appointed under this subsection may be selected by the Secretary for a permanent appointment in the competitive service in the Economic Development Administration under internal competitive promotion procedures if—
(A) the employee has served continuously for at least 2 years under 1 or more appointments under this subsection; and
(B) the employees performance has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (A).
(3) Status upon conversion An individual converted under this subsection shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure.
(4) Reporting For any fiscal year during which the Secretary exercises the authority under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the use of that authority including, at a minimum—
(A) the number of employees hired under the authority during the fiscal year;
(B) the positions and grades for which employees were hired;
(C) the number of employees converted to career-conditional;
(D) a description of how the Secretary assessed employee performance to determine the eligibility of the employee for conversion under paragraph (2)(B);
(E) the number of employees who were hired under that authority as temporary employees who have met the continuous service requirements described in subparagraph (A) of paragraph (2) but not the performance requirements described in subparagraph (B) of that paragraph; and
(F) the number of employees who were hired under that authority who have separated from the Economic Development Administration.
(5) Rule of construction Nothing in this subsection waives any requirement relating to qualifications of applicants for positions in the Office of Disaster Recovery and Resilience under this subsection.
(6) Termination The authority provided by this subsection shall expire on September 30, 2029.
(c) Disaster team (1) Establishment As soon as practicable after January 4, 2025, the Secretary shall establish a disaster team (referred to in this section as the “disaster team”) for the deployment of individuals to carry out responsibilities of the Office of Disaster Recovery and Resilience after a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and the Department has been activated by the Federal Emergency Management Agency.
(2) Membership (A) Designation of staff As soon as practicable after January 4, 2025, the Secretary shall designate to serve on the disaster team—
(i) employees of the Office of Disaster Recovery and Resilience;
(ii) employees of the Department who are not employees of the Economic Development Administration; and
(iii) in consultation with the heads of other Federal agencies, employees of those agencies, as appropriate.
(B) Capabilities In designating individuals under subparagraph (A), the Secretary shall ensure that the disaster team includes a sufficient quantity of—
(i) individuals who are capable of deploying rapidly and efficiently to respond to major disasters and emergencies; and
(ii) highly trained full-time employees who will lead and manage the disaster team.
(3) Training The Secretary shall ensure that appropriate and ongoing training is provided to members of the disaster team to ensure that the members are adequately trained regarding the programs and policies of the Economic Development Administration relating to post-disaster economic recovery efforts.
(4) Expenses In carrying out this section, the Secretary may—
(A) use, with or without reimbursement, any service, equipment, personnel, or facility of any Federal agency with the explicit support of that agency, to the extent such use does not impair or conflict with the authority of the President or the Administrator of the Federal Emergency Management 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 Transportation and Infrastructure of the House of Representatives 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 subsection (c);
(2) the number and details of the disasters in which the Office of Disaster Recovery and Resilience and permanent and temporary personnel, including disaster teams, were involved and deployed;
(3) the locations and length of any deployments;
(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. 89136, title V, § 509, as added Pub. L. 118272, div. B, title II, § 2228, Jan. 4, 2025, 138 Stat. 3192.)
## Notes
Editorial Notes
References in TextThe Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsecs. (a)(3) and (c)(1), (4)(A), is Pub. L. 93288, 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 section 5121 of this title and Tables.
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# 42 U.S.C. § 3200 - Technical Assistance Liaisons
## Text
(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 technical assistance, in addition to technical assistance under section 3147 of this title, to eligible recipients that are underresourced communities, as determined by the Technical Assistance 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 feedback 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 submit an application for assistance under this chapter.
(Pub. L. 89136, title V, § 510, as added Pub. L. 118272, div. B, title II, § 2229, Jan. 4, 2025, 138 Stat. 3195.)
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# 42 U.S.C. § 3211 - Powers of Secretary
## Text
(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 classification laws, select, employ, appoint, and fix the compensation of such personnel as are necessary 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 agency, board, commission, office, or independent establishment, such information, suggestions, estimates, and statistics as the Secretary determines to be necessary to carry out this chapter (and each Federal agency, board, commission, office, or independent establishment may provide such information, suggestions, estimates, and statistics directly to the Secretary);
(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 Secretarys discretion and on such terms and conditions and for such consideration as the Secretary determines to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by the Secretary in connection with assistance provided under this chapter; and
(B) collect or compromise all obligations assigned to or held by the Secretary in connection with that assistance until such time as the obligations are referred to the Attorney 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 determines 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, before referral to the Attorney General, all claims against third parties assigned to the Secretary in connection with assistance provided under this chapter;
(8) acquire, in any lawful manner, any property (real, personal, or mixed, tangible or intangible), to the extent appropriate in connection with assistance provided under this chapter;
(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, liquidating, or otherwise administratively dealing with assets held in connection with financial assistance provided under this chapter;
(10) (A) employ experts and consultants or organizations as authorized by section 3109 of title 5 except that contracts for such employment may be renewed annually;
(B) compensate individuals so employed, including 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 intermittently in the Federal Government service;
(11) establish performance measures for grants and other assistance provided under this chapter, and use the performance measures to evaluate the economic impact of economic 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 Department;
(B) the employment of persons under contracts 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 monitor the environmental impact of economic development assistance provided and proposed to be provided under this chapter, including expenses associated with the representation and defense of the actions of the Secretary relating to the environmental impact of the assistance, 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 appropriate for carrying out this chapter.
(b) Deficiency judgments The authority under subsection (a)(7) to pursue 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 section, relating to property acquired by the Secretary 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 Employment 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 9531).
(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 awarded.
(B) Certain releases (i) In general On written request from a recipient of a grant under section 3149(d) 11 See References in Text note below. of this title, the Secretary shall release, in accordance with this subparagraph, any Federal interest 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 activities that continue to carry out the economic development purposes of this chapter; and
(IV) the recipient includes in the written request a description of how the recipient 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 days if the Secretary determines the extension 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 regardless 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 interest in such property acquired by the Secretary under this chapter may be exercised by the Secretary, or by any officer or agent appointed by the Secretary for that purpose, without the execution of any express delegation of power or power of attorney.
(Pub. L. 89136, title VI, § 601, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3611; amended Pub. L. 116192, § 2, Oct. 30, 2020, 134 Stat. 978.)
## Notes
Editorial Notes
References in TextThe Public Works Employment Act of 1976, referred to in subsec. (d)(1)(B), is Pub. L. 94369, 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 classification 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. 93618, 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 complete 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. 9531, 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. 118272, 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. 111350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Prior ProvisionsA prior section 3211, Pub. L. 89136, title VII, § 701, Aug. 26, 1965, 79 Stat. 570, set forth powers of Secretary, prior to repeal by Pub. L. 105393, § 102(b)(3). A prior section 601(a) of Pub. L. 89136 was classified to section 3201 of this title prior to repeal by Pub. L. 105393, § 102(a).
Amendments2020—Subsec. (d)(2). Pub. L. 116192 designated existing provisions as subpar. (A), inserted heading, substituted “Except as provided in subparagraph (B), the Secretary may” for “The Secretary may”, and added subpar. (B).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
Modernization of Environmental ReviewsPub. L. 118272, 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 Secretary of Commerce (referred to in this section as the Secretary) shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the efforts of the Secretary to facilitate efficient, timely, and predictable 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 environmental documents (as those terms are defined in section 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 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of the Fiscal Responsibility Act of 2023 (Public Law 1185; 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 exclusions, including those used by other Federal agencies, that would facilitate the environmental review 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 environmental documents that would facilitate the environmental 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 environmental 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 Secretary shall promulgate a final rule implementing, to the maximum extent practicable, measures considered by the Secretary under subsection (b) that are necessary 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.).”
Authorization for Temporary Personnel To Respond to CoronavirusPub. L. 116136, 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 implement the requirements under this heading [economic development assistance programs under Economic Development Administration] in this Act [div. B of Pub. L. 116136] to prevent, prepare for, and respond to coronavirus, without regard to the provisions of title 5, United States Code, governing appointments in competitive service: Provided further, That the Secretary of Commerce is authorized to appoint such temporary personnel, after serving continuously for 2 years, to positions in the Economic Development Administration in the same manner that competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such positions and an individual appointed under this provision shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure”. [For definition of “coronavirus” as used in provision of title II of div. B of Pub. L. 116136, set out above, see section 23005 of div. B of Pub. L. 116136, set out as a note under section 162b of Title 2, The Congress.]
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# 42 U.S.C. § 3212 - Maintenance of standards
## Text
All laborers and mechanics employed by contractors or subcontractors on projects assisted by the Secretary under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40. The Secretary shall not extend any financial assistance under this chapter for such a project without first obtaining adequate assurance that these labor standards will be maintained upon the construction work. The Secretary of Labor shall have, with respect to the labor standards specified in this provision, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 3145 of title 40.
(Pub. L. 89136, title VI, § 602, formerly title VII, § 712, Aug. 26, 1965, 79 Stat. 575; Pub. L. 93567, title III, § 302, Dec. 31, 1974, 88 Stat. 1855; renumbered title VI, § 602, and amended Pub. L. 105393, title I, § 102(b)(1), (2), Nov. 13, 1998, 112 Stat. 3616; Pub. L. 108373, title V, § 504, Oct. 27, 2004, 118 Stat. 1769.)
## Notes
Editorial Notes
References in TextReorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees.
Codification Section was formerly classified to section 3222 of this title prior to renumbering by Pub. L. 105393.
Prior ProvisionsA prior section 3212, Pub. L. 89136, title VII, § 702, Aug. 26, 1965, 79 Stat. 572, related to prevention of unfair competition, prior to repeal by Pub. L. 105393, § 102(b)(3). A prior section 602 of Pub. L. 89136 was classified to section 3202 of this title prior to repeal by Pub. L. 105393, § 102(a).
Amendments2004—Pub. L. 108373 substituted “in accordance with subchapter IV of chapter 31 of title 40” for “in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a276a5)” in first sentence and “section 3145 of title 40” for “section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c)” in third sentence. 1998—Pub. L. 105393, § 102(b)(2)(A), substituted section catchline for former section catchline. Pub. L. 105393, § 102(b)(2)(B), which directed amendment of text by substituting “this chapter” for “sections 3131, 3141, 3142, 3171, 3243, and 3246b of this title” in second sentence, was executed by making the substitution for phrase which began with “section 3131” rather than “sections 3131”, to reflect the probable intent of Congress. 1974—Pub. L. 93567 inserted references to sections 3243 and 3236b of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by Pub. L. 105393 effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as an Effective Date note under section 3121 of this title.
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# 42 U.S.C. § 3213 - Annual report to Congress
## Text
(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 provided by the Economic Development Administration for projects located in, or that primarily benefit, rural areas;
(B) an explanation of the process used to determine how each project referred to in subparagraph (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 completions and close outs for construction awards that includes the following information on individual 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, including non-Federal cost share and funding from other sources, including a breakdown by source.
(5) The number of jobs anticipated to be created 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) publicly available.
(e) Additional reporting requirement To ensure that projects are meeting expected timelines, not later than 1 year after January 4, 2025, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that, at a minimum—
(1) includes an analysis of Economic Development Administration construction project timeline estimates and actual project durations; and
(2) describes the frequency with which project timelines are delayed and the sources of those delays, including cases in which a project scope or schedule requires an award amendment.
(Pub. L. 89136, title VI, § 603, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3614; amended Pub. L. 108373, title VI, § 601, Oct. 27, 2004, 118 Stat. 1769; Pub. L. 118272, div. B, title II, § 2230, Jan. 4, 2025, 138 Stat. 3196.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3213, Pub. L. 89136, title VII, § 703, Aug. 26, 1965, 79 Stat. 572, set forth savings provisions, prior to repeal by Pub. L. 105393, § 102(b)(3). A prior section 603 of Pub. L. 89136 was classified to section 3203 of this title prior to repeal by Pub. L. 105393, § 102(a).
Amendments2025—Subsec. (b)(2)(A). Pub. L. 118272, § 2230(1)(A)(i), inserted “areas” after “rural”. Subsec. (b)(4). Pub. L. 118272, § 2230(1)(A)(ii)(C), added par. (4). Subsecs. (c) to (e). Pub. L. 118272, § 2230(2), added subsecs. (c) to (e). 2004—Pub. L. 108373 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3214 - Delegation of functions and transfer of funds among Federal agencies
## Text
(a) Delegation of functions to other Federal agencies The Secretary may—
(1) delegate to the heads of other Federal agencies such functions, powers, and duties of the Secretary under this chapter as the Secretary determines to be appropriate; and
(2) authorize the redelegation of the functions, powers, and duties by the heads of the agencies.
(b) Transfer of funds to other Federal agencies Funds authorized to be appropriated to carry out this chapter may be transferred between Federal agencies, if the funds are used for the purposes for which the funds are specifically authorized and appropriated.
(c) Transfer of funds from other Federal agencies (1) In general Subject to paragraph (2), for the purposes of this chapter, the Secretary may accept transfers of funds from other Federal agencies if the funds are used for the purposes for which (and in accordance with the terms under which) the funds are specifically authorized and appropriated.
(2) Use of funds The transferred funds—
(A) shall remain available until expended; and
(B) may, to the extent necessary to carry out this chapter, be transferred to and merged by the Secretary with the appropriations for salaries and expenses.
(Pub. L. 89136, title VI, § 604, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3614.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3214, Pub. L. 89136, title VII, § 704, Aug. 26, 1965, 79 Stat. 572; Pub. L. 94487, title I, § 120, Oct. 12, 1976, 90 Stat. 2336, related to transfer of functions of Area Redevelopment Administration, prior to repeal by Pub. L. 105393, § 102(b)(3). A prior section 604 of Pub. L. 89136 was classified to section 3204 of this title prior to repeal by Pub. L. 105393, § 102(a).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3215 - Penalties
## Text
(a) False statements; security overvaluation A person that makes any statement that the person knows to be false, or willfully overvalues any security, for the purpose of—
(1) obtaining for the person or for any applicant any financial assistance under this chapter or any extension of the assistance by renewal, deferment, or action, or by any other means, or the acceptance, release, or substitution of security for the assistance;
(2) influencing in any manner the action of the Secretary; or
(3) obtaining money, property, or any thing of value, under this chapter;
shall be fined under title 18, imprisoned not more than 5 years, or both.
(b) Embezzlement and fraud-related crimes A person that is connected in any capacity with the Secretary in the administration of this chapter and that—
(1) embezzles, abstracts, purloins, or willfully misapplies any funds, securities, or other thing of value, that is pledged or otherwise entrusted to the person;
(2) with intent to defraud the Secretary or any other person or entity, or to deceive any officer, auditor, or examiner—
(A) makes any false entry in any book, report, or statement of or to the Secretary; or
(B) without being duly authorized, draws any order or issue, puts forth, or assigns any note, debenture, bond, or other obligation, or draft, bill of exchange, mortgage, judgment, or decree thereof;
(3) with intent to defraud, participates or shares in or receives directly or indirectly any money, profit, property, or benefit through any transaction, loan, grant, commission, contract, or any other act of the Secretary; or
(4) gives any unauthorized information concerning any future action or plan of the Secretary that might affect the value of securities, or having such knowledge invests or speculates, directly or indirectly, in the securities or property of any company or corporation receiving loans, grants, or other assistance from the Secretary;
shall be fined under title 18, imprisoned not more than 5 years, or both.
(Pub. L. 89136, title VI, § 605, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3614.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3215, Pub. L. 89136, title VII, § 705, Aug. 26, 1965, 79 Stat. 573, related to separability of provisions, prior to repeal by Pub. L. 105393, § 102(b)(3).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3216 - Employment of expediters and administrative employees
## Text
Assistance shall not be provided by the Secretary under this chapter to any business unless the owners, partners, or officers of the business—
(1) certify to the Secretary the names of any attorneys, agents, and other persons engaged by or on behalf of the business for the purpose of expediting applications made to the Secretary for assistance of any kind, under this chapter, and the fees paid or to be paid to the person for expediting the applications; and
(2) execute an agreement binding the business, for the 2-year period beginning on the date on which the assistance is provided by the Secretary to the business, to refrain from employing, offering any office or employment to, or retaining for professional services, any person who, on the date on which the assistance or any part of the assistance was provided, or within the 1-year period ending on that date—
(A) served as an officer, attorney, agent, or employee of the Department; and
(B) occupied a position or engaged in activities that the Secretary determines involved discretion with respect to the granting of assistance under this chapter.
(Pub. L. 89136, title VI, § 606, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3615.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3216, Pub. L. 89136, title VII, § 706, Aug. 26, 1965, 79 Stat. 573, defined terms as used in this chapter, prior to repeal by Pub. L. 105393, § 102(b)(3).
Statutory Notes and Related Subsidiaries
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# 42 U.S.C. § 3217 - Maintenance and public inspection of list of approved applications for financial assistance
## Text
(a) In general The Secretary shall—
(1) maintain as a permanent part of the records of the Department a list of applications approved for financial assistance under this chapter; and
(2) make the list available for public inspection during the regular business hours of the Department.
(b) Additions to list The following information shall be added to the list maintained under subsection (a) as soon as an application described in subsection (a)(1) is approved:
(1) The name of the applicant and, in the case of a corporate application, the name of each officer and director of the corporation.
(2) The amount and duration of the financial assistance for which application is made.
(3) The purposes for which the proceeds of the financial assistance are to be used.
(Pub. L. 89136, title VI, § 607, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3615.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3217, Pub. L. 89136, title VII, § 707, Aug. 26, 1965, 79 Stat. 573; Pub. L. 94273, § 26, Apr. 21, 1976, 90 Stat. 380, required annual report to Congress on operations under this chapter, prior to repeal by Pub. L. 105393, § 102(b)(3).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3218 - Records and audits
## Text
(a) Recordkeeping and disclosure requirements Each recipient of assistance under this chapter shall keep such records as the Secretary shall require, including records that fully disclose—
(1) the amount and the disposition by the recipient of the proceeds of the assistance;
(2) the total cost of the project in connection with which the assistance is given or used;
(3) the amount and nature of the portion of the cost of the project provided by other sources; and
(4) such other records as will facilitate an effective audit.
(b) Access to books for examination and audit The Secretary, the Inspector General of the Department, and the Comptroller General of the United States, or any duly authorized representative, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that relate to assistance received under this chapter.
(Pub. L. 89136, title VI, § 608, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3616.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3218, Pub. L. 89136, title VII, § 708, Aug. 26, 1965, 79 Stat. 573, authorized delegation of functions and transfer of funds, prior to repeal by Pub. L. 105393, § 102(b)(3).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
@@ -0,0 +1,47 @@
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# 42 U.S.C. § 3219 - Relationship to assistance under other law
## Text
Nothing in this chapter authorizes or permits any reduction in the amount of Federal assistance that any State or other entity eligible under this chapter is entitled to receive under any other Act.
(Pub. L. 89136, title VI, § 609, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3616; amended Pub. L. 108373, title VI, § 602, Oct. 27, 2004, 118 Stat. 1769.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3219, Pub. L. 89136, title VII, § 709, Aug. 26, 1965, 79 Stat. 574; Pub. L. 9735, title XVIII, § 1821(a)(9), Aug. 13, 1981, 95 Stat. 766, authorized appropriations for which specific authority was not otherwise provided, prior to repeal by Pub. L. 105393, § 102(b)(3).
Amendments2004—Pub. L. 108373 designated text of subsec. (b) as entire section and struck out subsec. (b) heading and heading and text of subsec. (a). Prior to amendment, text of subsec. (a) read as follows: “Except as otherwise provided in this chapter, all financial and technical assistance authorized under this chapter shall be in addition to any Federal assistance authorized before the effective date of the Economic Development Administration Reform Act of 1998.”
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3220 - Acceptance of certifications by applicants
## Text
Under terms and conditions determined by the Secretary, the Secretary may accept the certifications of an applicant for assistance under this chapter that the applicant meets the requirements of this chapter.
(Pub. L. 89136, title VI, § 610, as added Pub. L. 105393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3616.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3220, Pub. L. 89136, title VII, § 710, Aug. 26, 1965, 79 Stat. 574, set forth penalties for false statements, securities overvaluation, embezzlement, misapplication of funds, false book entries, schemes to defraud, and speculation, prior to repeal by Pub. L. 105393, title I, § 102(b)(3), Nov. 13, 1998, 112 Stat. 3617.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
@@ -0,0 +1,67 @@
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# 42 U.S.C. § 3221 - Brownfields redevelopment report
## Text
(a) Definition of brownfield site In this section, the term “brownfield site” has the meaning given the term in section 9601(39) of this title.
(b) Report (1) In general Not later than 1 year after October 27, 2004, the Comptroller General shall prepare a report that evaluates the grants made by the Economic Development Administration for the economic development of brownfield sites.
(2) Contents The report shall—
(A) identify each project conducted during the previous 10-year period in which grant funds have been used for brownfield sites redevelopment activities; and
(B) include for each project a description of—
(i) the type of economic development activities conducted;
(ii) if remediation activities were conducted—
(I) the type of remediation activities; and
(II) the amount of grant money used for those activities in dollars and as a percentage of the total grant award;
(iii) the economic development and environmental standards applied, if applicable;
(iv) the economic development impact of the project;
(v) the role of Federal, State, or local environmental agencies, if any; and
(vi) public participation in the project.
(3) Submission of report The Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the report.
(Pub. L. 89136, title VI, § 611, as added Pub. L. 108373, title VI, § 603(a), Oct. 27, 2004, 118 Stat. 1769.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3221, Pub. L. 89136, title VII, § 711, Aug. 26, 1965, 79 Stat. 574, related to employment of expediters and administrative employees, prior to repeal by Pub. L. 105393, title I, § 102(b)(3), Nov. 13, 1998, 112 Stat. 3617.
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# 42 U.S.C. § 3222 - Savings clause
## Text
To the extent that any portion of grants made under this chapter are used for an economic development project that involves remediation, the remediation shall be conducted in compliance with all applicable Federal, State, and local laws and standards.
(Pub. L. 89136, title VI, § 612, as added Pub. L. 108373, title VI, § 604(a), Oct. 27, 2004, 118 Stat. 1770.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3222, Pub. L. 89136, title VII, § 712, Aug. 26, 1965, 79 Stat. 575; Pub. L. 93567, title III, § 302, Dec. 31, 1974, 88 Stat. 1855, which related to labor standards and rate of wages, was renumbered section 602 of Pub. L. 89136 by Pub. L. 105393 and transferred to section 3212 of this title. Prior sections 3223 to 3226 were repealed by Pub. L. 105393, title I, § 102(b)(3), Nov. 13, 1998, 112 Stat. 3617. Section 3223, Pub. L. 89136, title VII, § 713, Aug. 26, 1965, 79 Stat. 575, required maintenance of records of approved applications and availability for public inspection. Section 3224, Pub. L. 89136, title VII, § 714, Aug. 26, 1965, 79 Stat. 575, related to recordkeeping and audits. Section 3225, Pub. L. 89136, title VII, § 715, Aug. 26, 1965, 79 Stat. 575, extended benefits to redevelopment areas under former section 2504 of this title. Section 3226, Pub. L. 89136, title VII, § 716, Aug. 26, 1965, 79 Stat. 576, prohibited statutory construction which could cause diminution in other Federal assistance.
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# 42 U.S.C. § 3231 - General authorization of appropriations
## Text
(a) Grants for public works and economic development There are authorized to be appropriated to carry out section 3141 of this title, to remain available until expended—
(1) $170,000,000 for fiscal year 2025;
(2) $195,000,000 for fiscal year 2026;
(3) $220,000,000 for fiscal year 2027;
(4) $245,000,000 for fiscal year 2028; and
(5) $270,000,000 for fiscal year 2029.
(b) Grants for planning and grants for administrative expenses There are authorized to be appropriated to carry out section 3143 of this title, to remain available until expended—
(1) $90,000,000 for fiscal year 2025;
(2) $100,000,000 for fiscal year 2026;
(3) $110,000,000 for fiscal year 2027;
(4) $120,000,000 for fiscal year 2028; and
(5) $130,000,000 for fiscal year 2029.
(c) Grants for training, research, and technical assistance There are authorized to be appropriated to carry out section 3147 of this title, to remain available until expended—
(1) $25,000,000 for fiscal year 2025;
(2) $30,000,000 for fiscal year 2026;
(3) $35,000,000 for fiscal year 2027;
(4) $40,000,000 for fiscal year 2028; and
(5) $45,000,000 for fiscal year 2029.
(d) Grants for economic adjustment There are authorized to be appropriated to carry out section 3149 of this title (other than subsections (d) and (e)), to remain available until expended—
(1) $65,000,000 for fiscal year 2025;
(2) $75,000,000 for fiscal year 2026;
(3) $85,000,000 for fiscal year 2027;
(4) $95,000,000 for fiscal year 2028; and
(5) $105,000,000 for fiscal year 2029.
(e) Assistance to coal communities There is authorized to be appropriated to carry out section 3149(d) of this title $75,000,000 for each of fiscal years 2025 through 2029, to remain available until expended.
(f) Assistance to nuclear host communities There are authorized to be appropriated to carry out section 3149(e) of this title, to remain available until expended—
(1) to carry out paragraph (2)(A), $35,000,000 for each of fiscal years 2025 through 2029; and
(2) to carry out paragraph (2)(B), $5,000,000 for each of fiscal years 2025 through 2027.
(g) Renewable energy program There is authorized to be appropriated to carry out section 3154d of this title $5,000,000 for each of fiscal years 2025 through 2029, to remain available until expended.
(h) Workforce training grants There is authorized to be appropriated to carry out section 3154e of this title $50,000,000 for each of fiscal years 2025 through 2029, to remain available until expended, of which $10,000,000 for each of fiscal years 2025 through 2029 shall be used to carry out subsection (c) of that section.
(i) Critical Supply Chain Site Development grant program There is authorized to be appropriated to carry out section 3154h of this title $20,000,000 for each of fiscal years 2025 through 2029, to remain available until expended.
(j) Technical Assistance Liaisons There is authorized to be appropriated to carry out section 3200 of this title $5,000,000 for each of fiscal years 2025 through 2029, to remain available until expended.
(k) Salaries and expenses There are authorized to be appropriated for salaries and expenses of administering this chapter, to remain available until expended—
(1) $33,377,000 for fiscal year 2004; and
(2) such sums as are necessary for each fiscal year thereafter.
(Pub. L. 89136, title VII, § 701, as added Pub. L. 105393, title I, § 102(b)(3), Nov. 13, 1998, 112 Stat. 3617; amended Pub. L. 108373, title VII, § 701, Oct. 27, 2004, 118 Stat. 1771; Pub. L. 118272, div. B, title II, § 2236(a), Jan. 4, 2025, 138 Stat. 3199.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3231, Pub. L. 89136, title VIII, § 801, as added Pub. L. 93288, title V, § 501, May 22, 1974, 88 Stat. 160; amended Pub. L. 100707, title I, § 109(r)(1), Nov. 23, 1988, 102 Stat. 4710, set forth congressional statement of purpose and defined “major disaster”, prior to repeal by Pub. L. 105393, § 102(c). A prior section 701 of Pub. L. 89136 was classified to section 3211 of this title prior to repeal by Pub. L. 105393, § 102(b)(3).
Amendments2025—Pub. L. 118272 added subsecs. (a) to (j), redesignated former subsec. (b) as (k), and struck out former subsec. (a) which authorized appropriations for economic development assistance programs to carry out this chapter for fiscal years 2004 to 2008. 2004—Pub. L. 108373 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this chapter $397,969,000 for fiscal year 1999, $368,000,000 for fiscal year 2000, $335,000,000 for fiscal year 2001, $335,000,000 for fiscal year 2002, and $335,000,000 for fiscal year 2003, to remain available until expended.”
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3232 - Authorization of appropriations for defense conversion activities
## Text
(a) In general In addition to amounts made available under section 3231 of this title, there are authorized to be appropriated such sums as are necessary to carry out section 3149(c)(1) of this title, to remain available until expended.
(b) Pilot projects Funds made available under subsection (a) may be used for activities including pilot projects for privatization of, and economic development activities for, closed or realigned military or Department of Energy installations.
(Pub. L. 89136, title VII, § 702, as added Pub. L. 105393, title I, § 102(b)(3), Nov. 13, 1998, 112 Stat. 3617.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3232, Pub. L. 89136, title VIII, § 802, as added Pub. L. 93288, title V, § 501, May 22, 1974, 88 Stat. 160; amended Pub. L. 100707, title I, § 109(r)(2), Nov. 23, 1988, 102 Stat. 4710, related to disaster recovery planning, prior to repeal by Pub. L. 105393, § 102(c). A prior section 702 of Pub. L. 89136 was classified to section 3212 of this title prior to repeal by Pub. L. 105393, § 102(b)(3).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
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# 42 U.S.C. § 3233 - Authorization of appropriations for disaster economic recovery activities
## Text
(a) In general In addition to amounts made available under section 3231 of this title, there are authorized to be appropriated such sums as are necessary to carry out section 3149(c)(2) of this title, to remain available until expended.
(b) Federal share The Federal share of the cost of activities funded with amounts made available under subsection (a) shall be up to 100 percent.
(Pub. L. 89136, title VII, § 703, as added Pub. L. 105393, title I, § 102(b)(3), Nov. 13, 1998, 112 Stat. 3617.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3233, Pub. L. 89136, title VIII, § 803, as added Pub. L. 93288, title V, § 501, May 22, 1974, 88 Stat. 161, authorized provision of funds for recovery investment plans, prior to repeal by Pub. L. 105393, title I, § 102(c), Nov. 13, 1998, 112 Stat. 3617. A prior section 703 of Pub. L. 89136 was classified to section 3213 of this title prior to repeal by Pub. L. 105393, § 102(b)(3).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Feb. 11, 1999, see section 105 of Pub. L. 105393, set out as a note under section 3121 of this title.
@@ -0,0 +1,73 @@
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# 42 U.S.C. § 3234 - Repealed. Pub. L. 118272, div. B, title II, § 2236(b), Jan. 4, 2025, 138 Stat. 3201
## Notes
Section 3234, Pub. L. 89136, title VII, § 704, as added Pub. L. 108373, title VII, § 702(a), Oct. 27, 2004, 118 Stat. 1771, provided for funding for grants for planning and administrative expenses.
Prior sections 3234 and 3235 were repealed by Pub. L. 105393, title I, § 102(c), Nov. 13, 1998, 112 Stat. 3617.
Section 3234, Pub. L. 89136, title VIII, § 804, as added Pub. L. 93288, title V, § 501, May 22, 1974, 88 Stat. 162, authorized disaster area loan guarantees.
Section 3235, Pub. L. 89136, title VIII, § 805, as added Pub. L. 93288, title V, § 501, May 22, 1974, 88 Stat. 162, authorized provision of technical assistance for facilitation of economic recovery in disaster areas.
A prior section 3236, Pub. L. 89136, title VIII, § 806, as added Pub. L. 93288, title V, § 501, May 22, 1974, 88 Stat. 163, related to authorization of appropriations for subchapter, prior to repeal by Pub. L. 9735, title XVIII, § 1821(a)(10), Aug. 13, 1981, 95 Stat. 766.
Prior sections 3241 to 3246c were repealed by Pub. L. 105393, title I § 102(c), Nov. 13, 1998, 112 Stat. 3617.
Section 3241, Pub. L. 89136, title IX, § 901, as added Pub. L. 93423, § 12, Sept. 27, 1974, 88 Stat. 1164; amended Pub. L. 94487, title I, § 121(a), Oct. 12, 1976, 90 Stat. 2336, stated purpose of former subchapter IX.
Section 3242, Pub. L. 89136, title IX, § 902, as added Pub. L. 93423, § 12, Sept. 27, 1974, 88 Stat. 1164, defined “eligible recipient”.
Section 3243, Pub. L. 89136, title IX, § 903, as added Pub. L. 93423, § 12, Sept. 27, 1974, 88 Stat. 1164; amended Pub. L. 94487, title I, § 121(b), (c), Oct. 12, 1976, 90 Stat. 2336, authorized grants to eligible recipients.
Section 3244, Pub. L. 89136, title IX, § 904, as added Pub. L. 93423, § 12, Sept. 27, 1974, 88 Stat. 1165; amended Pub. L. 96470, title II, § 201(c), Oct. 19, 1980, 94 Stat. 2241, required annual reports by recipients and Secretary.
Section 3245, Pub. L. 89136, title IX, § 905, as added Pub. L. 93423, § 12, Sept. 27, 1974, 88 Stat. 1166; amended Pub. L. 94487, title I, § 121(d), Oct. 12, 1976, 90 Stat. 2336; Pub. L. 96506, § 1(10), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 9735, title XVIII, § 1821(a)(11), Aug. 13, 1981, 95 Stat. 766, authorized appropriations.
Section 3246, Pub. L. 89136, title X, § 1001, as added Pub. L. 93567, title III, § 301, Dec. 31, 1974, 88 Stat. 1853, stated the purpose of former subchapter X.
Section 3246a, Pub. L. 89136, title X, § 1002, as added Pub. L. 93567, title III, § 301, Dec. 31, 1974, 88 Stat. 1853; amended Pub. L. 94487, title I, § 122, Oct. 12, 1976, 90 Stat. 2337, defined “eligible area”.
Section 3246b, Pub. L. 89136, title X, § 1003, as added Pub. L. 93567, title III, § 301, Dec. 31, 1974, 88 Stat. 1853; amended Pub. L. 94487, title I, § 123, Oct. 12, 1976, 90 Stat. 2337, authorized a job opportunities program.
Section 3246c, Pub. L. 89136, title X, § 1004, as added Pub. L. 93567, title III, § 301, Dec. 31, 1974, 88 Stat. 1854; amended Pub. L. 94487, title I, § 124, Oct. 12, 1976, 90 Stat. 2337, related to program review.
A prior section 3246d, Pub. L. 89136, title X, § 1005, as added Pub. L. 93567, title III, § 301, Dec. 31, 1974, 88 Stat. 1855, related to the limitations on the use of funds appropriated pursuant to section 3246f of this title for programs and projects, prior to repeal by Pub. L. 94487, title I, § 125, Oct. 12, 1976, 90 Stat. 2338.
Prior sections 3246e to 3246h were repealed by Pub. L. 105393, title I, § 102(c), Nov. 13, 1998, 112 Stat. 3617.
Section 3246e, Pub. L. 89136, title X, § 1005, formerly § 1006, as added Pub. L. 93567, title III, § 301, Dec. 31, 1974, 88 Stat. 1855; renumbered § 1005 and amended Pub. L. 94487, title I, §§ 125, 126, Oct. 12, 1976, 90 Stat. 2338, authorized the prescription of rules, regulations, and procedures.
Section 3246f, Pub. L. 89136, title X, § 1006, formerly § 1007, as added Pub. L. 93567, title III, § 301, Dec. 31, 1974, 88 Stat. 1855; renumbered § 1006 and amended Pub. L. 94487, title I, §§ 125, 127, Oct. 12, 1976, 90 Stat. 2338, authorized appropriations.
Section 3246g, Pub. L. 89136, title X, § 1007, formerly § 1008, as added Pub. L. 93567, title III, § 301, Dec. 31, 1976, 88 Stat. 1855; renumbered § 1007 and amended Pub. L. 94487, title I, §§ 125, 128, Oct. 12, 1976, 90 Stat. 2338; Pub. L. 96506, § 1(11), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 9735, title XVIII, § 1821(a)(12), Aug. 13, 1981, 95 Stat. 766, provided that no further obligation of funds appropriated under former subchapter X could be made by the Secretary of Commerce after Sept. 30, 1981.
Section 3246h, Pub. L. 89136, title X, § 1008, as added Pub. L. 94487, title I, § 129, Oct. 12, 1976, 90 Stat. 2339, provided that a program or project was not ineligible for financial assistance solely because of increased construction costs.