US (United States) Code. Title 42. Chapter 38: Public works and economic development

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-MISC1-

Sec.

3121. Findings and declarations.

(a) Findings.

(b) Declarations.

3122. Definitions.

3123. Discrimination on basis of sex prohibited in federally

assisted programs.

SUBCHAPTER I - ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND

COORDINATION

3131. Establishment of economic development partnerships.

(a) In general.

(b) Technical assistance.

(c) Intergovernmental review.

(d) Cooperation agreements.

3132. Cooperation of Federal agencies.

3133. Coordination.

SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

3141. Grants for public works and economic development.

(a) In general.

(b) Criteria for grant.

(c) Maximum assistance for each State.

3142. Base closings and realignments.

3143. Grants for planning and grants for administrative

expenses.

(a) In general.

(b) Planning process.

(c) Use of planning assistance.

(d) State plans.

3144. Cost sharing.

(a) Federal share.

(b) Non-Federal share.

3145. Supplementary grants.

(a) Definition of designated Federal grant program.

(b) Supplementary grants.

(c) Requirements applicable to supplementary

grants.

3146. Regulations on relative needs and allocations.

3147. Grants for training, research, and technical

assistance.

(a) In general.

(b) Methods of provision of assistance.

3148. Prevention of unfair competition.

3149. Grants for economic adjustment.

(a) In general.

(b) Criteria for assistance.

(c) Particular community assistance.

(d) Direct expenditure or redistribution by

recipient.

3150. Changed project circumstances.

3151. Use of funds in projects constructed under projected

cost.

3152. Reports by recipients.

(a) In general.

(b) Contents.

3153. Prohibition on use of funds for attorney's and

consultant's fees.

SUBCHAPTER III - ELIGIBILITY; COMPREHENSIVE ECONOMIC DEVELOPMENT

STRATEGIES

3161. Eligibility of areas.

(a) In general.

(b) Political boundaries of areas.

(c) Documentation.

(d) Prior designations.

3162. Comprehensive economic development strategies.

(a) In general.

(b) Approval of comprehensive economic development

strategy.

(c) Approval of other plan.

SUBCHAPTER IV - ECONOMIC DEVELOPMENT DISTRICTS

3171. Designation of economic development districts.

(a) In general.

(b) Authorities.

3172. Termination or modification of economic development

districts.

3173. Incentives.

(a) In general.

(b) Review of incentive system.

3174. Provision of comprehensive economic development

strategies to Appalachian Regional Commission.

3175. Assistance to parts of economic development districts

not in eligible areas.

SUBCHAPTER V - ADMINISTRATION

3191. Assistant Secretary for Economic Development.

(a) In general.

(b) Compensation.

(c) Duties.

3192. Economic development information clearinghouse.

3193. Consultation with other persons and agencies.

(a) Consultation on problems relating to

employment.

(b) Consultation on administration of chapter.

3194. Administration, operation, and maintenance.

3195. Businesses desiring Federal contracts.

3196. Performance evaluations of grant recipients.

(a) In general.

(b) Purpose of evaluations of university centers.

(c) Timing of evaluations.

(d) Evaluation criteria.

(e) Peer review.

3197. Notification of reorganization.

SUBCHAPTER VI - MISCELLANEOUS

3211. Powers of Secretary.

(a) In general.

(b) Deficiency judgments.

(c) Inapplicability of certain other requirements.

(d) Property interests.

(e) Powers of conveyance and execution.

3212. Maintenance of standards.

3213. Annual report to Congress.

3214. Delegation of functions and transfer of funds among

Federal agencies.

(a) Delegation of functions to other Federal

agencies.

(b) Transfer of funds to other Federal agencies.

(c) Transfer of funds from other Federal agencies.

3215. Penalties.

(a) False statements; security overvaluation.

(b) Embezzlement and fraud-related crimes.

3216. Employment of expediters and administrative employees.

3217. Maintenance and public inspection of list of approved

applications for financial assistance.

(a) In general.

(b) Additions to list.

3218. Records and audits.

(a) Recordkeeping and disclosure requirements.

(b) Access to books for examination and audit.

3219. Relationship to assistance under other law.

(a) Previously authorized assistance.

(b) Assistance under other laws.

3220. Acceptance of certifications by applicants.

SUBCHAPTER VII - FUNDING

3231. General authorization of appropriations.

3232. Authorization of appropriations for defense conversion

activities.

(a) In general.

(b) Pilot projects.

3233. Authorization of appropriations for disaster economic

recovery activities.

(a) In general.

(b) Federal share.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3123, 5153 of this title;

title 15 section 636; title 16 section 3345; title 33 section 2220;

title 40 sections 14321, 14525; title 43 section 1601.

-End-

-CITE-

42 USC Sec. 3121 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

Sec. 3121. Findings and declarations

-STATUTE-

(a) Findings

Congress finds that -

(1) while the economy of the United States is undergoing a

sustained period of economic growth resulting in low unemployment

and increasing incomes, there continue to be areas suffering

economic distress in the form of high unemployment, low incomes,

underemployment, and outmigration as well as areas facing sudden

economic dislocations due to industrial restructuring and

relocation, defense base closures and procurement cutbacks,

certain Federal actions (including environmental requirements

that result in the removal of economic activities from a

locality), and natural disasters;

(2) as the economy of the United States continues to grow,

those distressed areas contain significant human and

infrastructure resources that are underused;

(3) expanding international trade and the increasing pace of

technological innovation offer both a challenge and an

opportunity to the distressed communities of the United States;

(4) while economic development is an inherently local process,

the Federal Government should work in partnership with public and

private local, regional, and State organizations to ensure that

existing resources are not wasted and all Americans have an

opportunity to participate in the economic growth of the United

States;

(5) in order to avoid wasteful duplication of effort and to

limit the burden on distressed communities, Federal, State, and

local economic development activities should be better planned

and coordinated and Federal program requirements should be

simplified and made more consistent;

(6) the goal of Federal economic development activities should

be to work in partnership with local, regional, and State public

and private organizations to support the development of private

sector businesses and jobs in distressed communities;

(7) Federal economic development efforts will be more effective

if they are coordinated with, and build upon, the trade and

technology programs of the United States; and

(8) under this chapter, new employment opportunities should be

created by developing and expanding new and existing public works

and other facilities and resources rather than by merely

transferring jobs from one area of the United States to another.

(b) Declarations

Congress declares that, in order to promote a strong and growing

economy throughout the United States -

(1) assistance under this chapter should be made available to

both rural and urban distressed communities;

(2) local communities should work in partnership with

neighboring communities, the States, and the Federal Government

to increase their capacity to develop and implement comprehensive

economic development strategies to address existing, or deter

impending, economic distress; and

(3) whether suffering from long-term distress or a sudden

dislocation, distressed communities should be encouraged to take

advantage of the development opportunities afforded by

technological innovation and expanding and newly opened global

markets.

-SOURCE-

(Pub. L. 89-136, Sec. 2, as added Pub. L. 105-393, title I, Sec.

102(a), Nov. 13, 1998, 112 Stat. 3598.)

-MISC1-

PRIOR PROVISIONS

A prior section 3121, Pub. L. 89-136, Sec. 2, Aug. 26, 1965, 79

Stat. 552; Pub. L. 94-487, title I, Sec. 102, Oct. 12, 1976, 90

Stat. 2331, set forth congressional findings and statement of

purpose of chapter, prior to repeal by Pub. L. 105-393, Sec.

102(a).

EFFECTIVE DATE

Pub. L. 105-393, title I, Sec. 105, Nov. 13, 1998, 112 Stat.

3618, provided that: "This title [see Short Title of 1998 Amendment

note set out below] and the amendments made by this title shall

take effect on a date determined by the Secretary of Commerce, but

not later than 90 days after the date of enactment of this Act

[Nov. 13, 1998]." [Effective Feb. 11, 1999, see 64 F.R. 9222.]

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-393, Sec. 1(a), Nov. 13, 1998, 112 Stat. 3596,

provided that: "This Act [see Tables for classification] may be

cited as the 'Economic Development Administration and Appalachian

Regional Development Reform Act of 1998'."

Pub. L. 105-393, title I, Sec. 101, Nov. 13, 1998, 112 Stat.

3597, provided that: "This title [enacting subchapters I to VII of

this chapter, transferring section 3222 of this title to section

3212 of this title, amending section 5316 of Title 5, Government

Organization and Employees, repealing former subchapters I to X of

this chapter, enacting provisions set out as notes under this

section, and repealing provisions set out as a note under this

section] may be cited as the 'Economic Development Administration

Reform Act of 1998'."

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-487, Sec. 101, Oct. 12, 1976, 90 Stat. 2331, provided

that: "This Act [enacting sections 3137, 3144, 3173, and 3246h of

this title, amending this section and sections 3131, 3132, 3135,

3141, 3142, 3151a, 3152, 3153, 3161, 3171, 3172, 3188a, 3214, 3241,

3243, 3245, 3246a to 3246c, and 3246e to 3246g of this title,

repealing section 3246d of this title, enacting provisions set out

as notes under this section, and amending provisions set out as a

note under section 3162 of this title] may be cited as the 'Public

Works and Economic Development Act Amendments of 1976'."

SHORT TITLE OF 1975 AMENDMENTS

Pub. L. 94-188, Sec. 1, Dec. 31, 1975, 89 Stat. 1079, provided:

"That this Act [enacting sections 3194 to 3196 of this title and

sections 225 and 303 of the Appendix to former Title 40, Public

Buildings, Property, and Works, amending sections 3181, 3182, 3188a

and 3192 of this title, and sections 2, 101, 102, 105-107, 201,

202, 205, 207, 211, 214, 223, 224, 302, 401 and 405 of the Appendix

to former Title 40, repealing section 3134 of this title, and

enacting provisions set out as notes under sections 3181 and 3183

of this title and sections 1, 2 and 201 of the Appendix of former

Title 40] may be cited as the 'Regional Development Act of 1975'."

Pub. L. 94-188, title II, Sec. 201, Dec. 31, 1975, 89 Stat. 1087,

provided that: "This title [enacting sections 3194 to 3196 of this

title, amending sections 3181, 3182, 3188a, and 3192 of this title,

and enacting provisions set out as note under section 3183 of this

title] may be cited as the 'Regional Action Planning Commission

Improvement Act of 1975'."

SHORT TITLE OF 1974 AMENDMENT

Pub. L. 93-567, Sec. 1, Dec. 31, 1974, 88 Stat. 1845, provided:

"That this Act [enacting sections 3246 to 3246g of this title and

sections 961 to 966 of Title 29, Labor, amending section 1244 of

Title 20, Education, and sections 841, 842, 844, 845, 849 to 851,

981, and 983 of Title 29, and enacting provisions set out as notes

under sections 3304 of Title 26, Internal Revenue Code, and 4102 of

Title 38, Veterans' Benefits] may be cited as the 'Emergency Jobs

and Unemployment Assistance Act of 1974'."

SHORT TITLE OF 1971 AMENDMENT

Pub. L. 92-65, title I, Sec. 101, Aug. 5, 1971, 85 Stat. 166,

provided that: "This title [enacting section 3123 of this title and

amending this section, sections 3135, 3141, 3152, 3161, 3162, 3171,

3188a, and 3191 of this title, and provisions set out as a note

under section 3162 of this title] may be cited as the 'Public Works

and Economic Development Act Amendments of 1971'."

SHORT TITLE OF 1969 AMENDMENT

Pub. L. 91-123, title II, Sec. 201, Nov. 25, 1969, 83 Stat. 216,

provided that: "This title [enacting sections 3190, 3191, and 3192

of this title and amending this section and sections 3185, 3186,

and 3188a of this title] may be cited as the 'Regional Action

Planning Commission Amendments of 1969'."

SHORT TITLE

Pub. L. 89-136, Sec. 1(a), as added Pub. L. 105-393, title I,

Sec. 102(a), Nov. 13, 1998, 112 Stat. 3597, provided that: "This

Act [enacting this chapter] may be cited as the 'Public Works and

Economic Development Act of 1965'."

A prior section 1 of Pub. L. 89-136, which provided that Pub. L.

89-136 could be cited as the "Public Works and Economic Development

Act of 1965", was repealed by Pub. L. 105-393, title I, Sec.

102(a), Nov. 13, 1998, 112 Stat. 3597.

TRANSITION PROVISIONS

Pub. L. 105-393, title I, Sec. 104, Nov. 13, 1998, 112 Stat.

3617, provided that:

"(a) Existing Rights, Duties, and Obligations. - This title [see

Short Title of 1998 Amendment note set out above], including the

amendments made by this title, does not affect the validity of any

right, duty, or obligation of the United States or any other person

arising under any contract, loan, or other instrument or agreement

that was in effect on the day before the effective date of this

title [see Effective Date note set out above].

"(b) Continuation of Suits. - No action or other proceeding

commenced by or against any officer or employee of the Economic

Development Administration shall abate by reason of the enactment

of this title.

"(c) Liquidating Account. - The Economic Development Revolving

Fund established under section 203 of the Public Works and Economic

Development Act of 1965 (42 U.S.C. 3143) (as in effect on the day

before the effective date of this title) shall continue to be

available to the Secretary of Commerce as a liquidating account (as

defined in section 502 of the Federal Credit Reform Act of 1990 (2

U.S.C. 661a)) for payment of obligations and expenses in connection

with financial assistance provided under -

"(1) the Public Works and Economic Development Act of 1965 (42

U.S.C. 3121 et seq.);

"(2) the Area Redevelopment Act (42 U.S.C. 2501 et seq.); and

"(3) the Trade Act of 1974 (19 U.S.C. 2101 et seq.).

"(d) Administration. - The Secretary of Commerce shall take such

actions authorized before the effective date of this title as are

appropriate to administer and liquidate grants, contracts,

agreements, loans, obligations, debentures, or guarantees made by

the Secretary under law in effect before the effective date of this

title."

DENALI COMMISSION

Pub. L. 105-277, div. C, title III, Oct. 21, 1998, 112 Stat.

2681-637, as amended by Pub. L. 106-31, title I, Sec. 105(a), May

21, 1999, 113 Stat. 62; Pub. L. 106-113, div. B, Sec. 1000(a)(4)

[title VII, Sec. 701], Nov. 29, 1999, 113 Stat. 1535, 1501A-280,

provided that:

"SEC. 301. SHORT TITLE.

"This title may be cited as the 'Denali Commission Act of 1998'.

"SEC. 302. PURPOSES.

"The purposes of this title are as follows:

"(1) To deliver the services of the Federal Government in the

most cost-effective manner practicable by reducing administrative

and overhead costs.

"(2) To provide job training and other economic development

services in rural communities particularly distressed communities

(many of which have a rate of unemployment that exceeds 50

percent).

"(3) To promote rural development, provide power generation and

transmission facilities, modern communication systems, water and

sewer systems and other infrastructure needs.

"SEC. 303. ESTABLISHMENT OF COMMISSION.

"(a) Establishment. - There is established a commission to be

known as the Denali Commission (referred to in this title as the

'Commission').

"(b) Membership. -

"(1) Composition. - The Commission shall be composed of 7

members, who shall be appointed by the Secretary of Commerce

(referred to in this title as the 'Secretary'), of whom -

"(A) one shall be the Governor of the State of Alaska, or an

individual selected from nominations submitted by the Governor,

who shall serve as the State Cochairperson;

"(B) one shall be the President of the University of Alaska,

or an individual selected from nominations submitted by the

President of the University of Alaska;

"(C) one shall be the President of the Alaska Municipal

League or an individual selected from nominations submitted by

the President of the Alaska Municipal League;

"(D) one shall be the President of the Alaska Federation of

Natives or an individual selected from nominations submitted by

the President of the Alaska Federation of Natives;

"(E) one shall be the Executive President of the Alaska State

AFL-CIO or an individual selected from nominations submitted by

the Executive President;

"(F) one shall be the President of the Associated General

Contractors of Alaska or an individual selected from

nominations submitted by the President of the Associated

General Contractors of Alaska; and

"(G) one shall be the Federal Cochairperson, who shall be

selected in accordance with the requirements of paragraph (2).

"(2) Federal cochairperson. -

"(A) In general. - The President pro temporare [sic] of the

Senate and the Speaker of the House of Representatives shall

each submit a list of nominations for the position of the

Federal Cochairperson under paragraph (1)(G), including

pertinent biographical information, to the Secretary.

"(B) Appointment. - The Secretary shall appoint the Federal

Cochairperson from among the list of nominations submitted

under subparagraph (A). The Federal Cochairperson shall serve

as an employee of the Department of Commerce, and may be

removed by the Secretary for cause.

"(C) Federal cochairperson vote. - The Federal Cochairperson

appointed under this paragraph shall break any tie in the

voting of the Commission.

"(4) Date. - The appointments of the members of the Commission

shall be made no later than January 1, 1999.

"(c) Period of Appointment; Vacancies. - The Federal

Cochairperson shall serve for a term of four years and may be

reappointed. All other members shall be appointed for the life of

the Commission. Any vacancy in the Commission shall not affect its

powers, but shall be filled in the same manner as the original

appointment.

"(d) Meetings. -

"(1) In general. - The Commission shall meet at the call of the

Federal Cochairperson not less frequently than 2 times each year,

and may, as appropriate, conduct business by telephone or other

electronic means.

"(2) Notification. - Not later than 2 weeks before calling a

meeting under this subsection, the Federal Cochairperson shall -

"(A) notify each member of the Commission of the time, date

and location of that meeting; and

"(B) provide each member of the Commission with a written

agenda for the meeting, including any proposals for discussion

and consideration, and any appropriate background materials.

"(e) Quorum. - A majority of the members of the Commission shall

constitute a quorum, but a lesser number of members may hold

hearings.

"SEC. 304. DUTIES OF THE COMMISSION.

"(a) Work Plan. -

"(1) In general. - Not later than 1 year after the date of

enactment of this Act [Oct. 21, 1998] and annually thereafter,

the Commission shall develop a proposed work plan for Alaska that

meets the requirements of paragraph (2) and submit that plan to

the Federal Cochairperson for review in accordance with the

requirements of subsection (b).

"(2) Work plan. - In developing the work plan, the Commission

shall -

"(A) solicit project proposals from local governments and

other entities and organizations; and

"(B) provide for a comprehensive work plan for rural and

infrastructure development and necessary job training in the

area covered under the work plan.

"(3) Report. - Upon completion of a work plan under this

subsection, the Commission shall prepare, and submit to the

Secretary, the Federal Cochairperson, and the Director of the

Office of Management and Budget, a report that outlines the work

plan and contains recommendations for funding priorities.

"(b) Review by Federal Cochairperson. -

"(1) In general. - Upon receiving a work plan under this

section, the Secretary, acting through the Federal Cochairperson,

shall publish the work plan in the Federal Register, with notice

and an opportunity for public comment. The period for public

review and comment shall be the 30-day period beginning on the

date of publication of that notice.

"(2) Criteria for review. - In conducting a review under

paragraph (1), the Secretary, acting through the Federal

Cochairperson, shall -

"(A) take into consideration the information, views, and

comments received from interested parties through the public

review and comment process specified in paragraph (1); and

"(B) consult with appropriate Federal officials in Alaska

including but not limited to Bureau of Indian Affairs, Economic

Development Administration, and Rural Development

Administration.

"(3) Approval. - Not later than 30 days after the end of the

period specified in paragraph (1), the Secretary acting through

the Federal Cochairperson, shall -

"(A) approve, disapprove, or partially approve the work plan

that is the subject of the review; and

"(B) issue to the Commission a notice of the approval,

disapproval, or partial approval that -

"(i) specifies the reasons for disapproving any portion of

the work plan; and

"(ii) if applicable, includes recommendations for revisions

to the work plan to make the plan subject to approval.

"(4) Review of disapproval or partial approval. - If the

Secretary, acting through the Federal Cochairperson, disapproves

or partially approves a work plan, the Federal Cochairperson

shall submit that work plan to the Commission for review and

revision.

"SEC. 305. POWERS OF THE COMMISSION.

"(a) Information From Federal Agencies. - The Commission may

secure directly from any Federal department or agency such

information as it considers necessary to carry out the provisions

of this Act [title]. Upon request of the Federal Cochairperson of

the Commission, the head of such department or agency shall furnish

such information to the Commission. Agencies must provide the

Commission with the requested information in a timely manner.

Agencies are not required to provide the Commission any information

that is exempt from disclosure by the Freedom of Information Act [5

U.S.C. 552]. Agenices [sic] may, upon request by the Commission,

make services and personnel available to the Commission to carry

out the duties of the Commission. To the maximum extent

practicable, the Commission shall contract for completion of

necesssary [sic] work utilizing local firms and labor to minimize

costs.

"(b) Postal Services. - The Commission may use the United States

mails in the same manner and under the same conditions as other

departments and agencies of the Federal Government.

"(c) Gifts. - The Commission may accept, use, and dispose of

gifts or donations of services or property.

"(d) The Commission, acting through the Federal Cochairperson, is

authorized to enter into contracts and cooperative agreements,

award grants, and make payments necessary to carry out the purposes

of the Commission. With respect to funds appropriated to the

Commission for fiscal year 1999, the Commission, acting through the

Federal Cochairperson, is authorized to enter into contracts and

cooperative agreements, award grants, and make payments to

implement an interim work plan for fiscal year 1999 approved by the

Commission.

"SEC. 306. COMMISSION PERSONNEL MATTERS.

"(a) Compensation of Members. - Each member of the Commission who

is not an officer or employee of the Federal Government shall be

compensated at a rate equal to the daily equivalent of the annual

rate of basic pay prescribed for level IV of the Executive Schedule

under section 5315 of title 5, United States Code, for each day

(including travel time) during the time such member is engaged in

the performance of the duties of the Commission. The Federal

Cochairperson shall be compensated at the annual rate prescribed

for level IV of the Executive Schedule under section 5315 of title

5, United States Code. All members of the Commission who are

officers or employees of the United States shall serve without

compensation that is in addition to that received for their

services as officers or employees of the United States.

"(b) Travel Expenses. - The members of the Commission shall be

allowed travel expenses, including per diem in lieu of subsistence,

at rates authorized for employees of agencies under subchapter I of

chapter 57 of title 5, United States Code, while away from their

homes or regular places of business in the performance of services

for the Commission.

"(c) Staff. -

"(1) In general. - The Federal Cochairperson of the Commission

may, without regard to the civil service laws and regulations,

appoint such personnel as may be necessary to enable the

Commission to perform its duties.

"(2) Compensation. - The Federal Cochairperson of the

Commission may fix the compensation of personnel without regard

to the provisions of chapter 51 and subchapter III of chapter 53

of title 5, United States Code, relating to classification of

positions and General Schedule pay rates.

"(d) Detail of Government Employees. - Any Federal Government

employee may be detailed to the Commission without reimbursement,

and such detail shall be without interruption or loss of civil

service status or privilege.

"(e) Procurement of Temporary and Intermittent Services. - The

Federal Cochairperson of the Commission may procure temporary and

intermittent services under section 3109(b) of title 5, United

States Code, at rates for individuals which do not exceed the daily

equivalent of the annual rate of basic pay prescribed for level V

of the Executive Schedule under section 5316 of such title.

"(f) Offices. - The principal office of the Commission shall be

located in Alaska, at a location that the Commission shall select.

"(g) Administrative Expenses and Records. - The Commission is

hereby prohibited from using more than 5 percent of the amounts

appropriated under the authority of this Act [probably means this

title] or transferred pursuant to section 329 of the Department of

Transportation and Related Agencies Appropriations Act, 1999

(section 101(g) of division A of this Act) [43 U.S.C. 1653 note]

for administrative expenses. The Commission and its grantees shall

maintain accurate and complete records which shall be available for

audit and examination by the Comptroller General or his or her

designee.

"(h) Inspector General. - [Amended section 8G of the Inspector

General Act, 5 App. U.S.C.]

"SEC. 307. SPECIAL FUNCTIONS.

"(a) Rural Utilities. - In carrying out its functions under this

title, the Commission shall as appropriate, provide assistance,

seek to avoid duplicating services and assistance, and complement

the water and sewer wastewater programs under section 306D of the

Consolidated Farm and Rural Development Act (7 U.S.C. 1926d) and

section 303 of the Safe Drinking Water Act Amendments of 1996 (33

U.S.C. 1263a).

"(b) Bulk Fuels. - Funds transferred to the Commission pursuant

to section 329 of the Department of Transportation and Related

Agencies Appropriations Act, 1999 (section 101(g) of division A of

this Act) [43 U.S.C. 1653 note] shall be available without further

appropriation and until expended. The Commission, in consultation

with the Commandant of the Coast Guard, shall develop a plan to

provide for the repair or replacement of bulk fuel storage tanks in

Alaska that are not in compliance with applicable -

"(1) Federal law, including the Oil Pollution Act of 1990 (104

Stat. 484) [33 U.S.C. 2701 et seq.]; or

"(2) State law.

"(c) Demonstration Health Projects. - In order to demonstrate the

value of adequate health facilities and services to the economic

development of the region, the Secretary of Health and Human

Services is authorized to make grants to the Denali Commission to

plan, construct, and equip demonstration health, nutrition, and

child care projects, including hospitals, health care clinics, and

mental health facilities (including drug and alcohol treatment

centers) in accordance with the Work Plan referred to under section

304 of Title III - Denali Commission of Division C - Other Matters

of Public Law 105-277. No grant for construction or equipment of a

demonstration project shall exceed 50 percentum of such costs,

unless the project is located in a severely economically distressed

community, as identified in the Work Plan referred to under section

304 of Title III - Denali Commission of Division C - Other Matters

of Public Law 105-277, in which case no grant shall exceed 80

percentum of such costs. To carry out this section, there is

authorized to be appropriated such sums as may be necessary.

"SEC. 308. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.

"The Federal Advisory Committee Act [5 U.S.C. App.] shall not

apply to the Commission.

"SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

"(a) In General. - There are authorized to be appropriated to the

Commission to carry out the duties of the Commission consistent

with the purposes of this title and pursuant to the work plan

approved under section 4 [304] under this Act, $20,000,000 for

fiscal year 1999, and such sums as may be necessary for fiscal

years 2000, 2001, 2002, and 2003[.]

"(b) Availability. - Any sums appropriated under the

authorization contained in this section shall remain available

until expended."

[For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.]

LOWER MISSISSIPPI DELTA DEVELOPMENT COMMISSION

Pub. L. 100-460, title II, Oct. 1, 1988, 102 Stat. 2246, as

amended by Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec.

153(a), title V, Sec. 504], Dec. 21, 2000, 114 Stat. 2763,

2763A-252, 2763A-281; Pub. L. 107-171, title VI, Sec. 6027(j), May

13, 2002, 116 Stat. 374, incorporated by reference and made a part

of that public law the provisions of S. 2836, the Delta Development

Act, as introduced in the Senate on Sept. 27, 1988, which provided

for establishment of Lower Mississippi Delta Development Commission

to study and make recommendations regarding economic needs and

development of Lower Mississippi Delta region, set forth

membership, compensation, powers, and administrative provisions for

Commission, required submission to Congress, President, and

Governors of certain States of interim and final reports, and

provided for termination of Commission no later than two years

after Oct. 1, 1988.

Prior to amendment by Pub. L. 106-554, Pub. L. 100-460 also

incorporated by reference and made a part of that public law the

provisions of H.R. 5378, as introduced in the House of

Representatives on Sept. 26, 1988, and known as the "Lower

Mississippi Delta Development Act", which contained provisions

similar to those in S. 2836.

Pub. L. 101-161, title II, Nov. 21, 1989, 103 Stat. 969, extended

date for submission of the Commission's interim report to Oct. 16,

1989.

PUBLIC WORKS IMPROVEMENT

Pub. L. 98-501, title I, Oct. 19, 1984, 98 Stat. 2320, known as

the "Public Works Improvement Act of 1984", established the

National Council on Public Works Improvement, to prepare and submit

to the President and Congress reports in 1986, 1987, and 1988 on

the state of the Nation's infrastructure. Pursuant to section 109

of Pub. L. 98-501, the Council ceased to exist on Apr. 15, 1988.

WHITE HOUSE CONFERENCE ON BALANCED NATIONAL GROWTH AND ECONOMIC

DEVELOPMENT

Title II of Pub. L. 94-487, as amended by Pub. L. 95-31, title

II, Secs. 201, 202, May 23, 1977, 91 Stat. 170, provided for

calling of a White House Conference on Balanced National Growth and

Economic Development within 18 months of Oct. 12, 1976, set forth

powers, functions, membership, etc., of Conference, and required

submission to President of a final report within 180 days after

calling of Conference, with President to forward recommendations to

Congress within 90 days after submission of report.

-EXEC-

EXECUTIVE ORDER NO. 11386

Ex. Ord. No. 11386, Dec. 28, 1967, 33 F.R. 5, which related to

coordination of activities of regional commissions and Federal

Government relating to regional economic development and which

established Federal Advisory Council on Regional Economic

Development, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51

F.R. 7237.

EXECUTIVE ORDER NO. 11422

Ex. Ord. No. 11422, Aug. 15, 1968, 33 F.R. 11739, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which related to

Cooperative Area Manpower Planning System, was revoked by Ex. Ord.

No. 12553, Feb. 25, 1986, 51 F.R. 7237.

EXECUTIVE ORDER NO. 11493

Ex. Ord. No. 11493, Nov. 13, 1969, 34 F.R. 18289, which created

Council for Rural Affairs to advise President with respect to

further development of non-metropolitan areas of country, was

revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. Council

terminated and its functions transferred to Domestic Council by

section 2(b) of Ex. Ord. No. 11541, July 1, 1970, 35 F.R. 10737,

set out as a note under section 501 of Title 31, Money and Finance.

EX. ORD. NO. 13122. INTERAGENCY TASK FORCE ON THE ECONOMIC

DEVELOPMENT OF THE SOUTHWEST BORDER

Ex. Ord. No. 13122, May 25, 1999, 64 F.R. 29201, as amended by

Ex. Ord. No. 13284, Sec. 6, Jan. 23, 2003, 68 F.R. 4075, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to

provide a more rapid and integrated Federal response to the

economic development challenges of the Southwest Border region, it

is hereby ordered as follows:

Section 1. Establishment of an Interagency Task Force on the

Economic Development of the Southwest Border. (a) There is

established the "Interagency Task Force on the Economic Development

of the Southwest Border" (Task Force) that reports to the Vice

President, as Chair of the President's Community Empowerment Board

(PCEB), and to the Assistant to the President for Economic Policy,

as Vice Chair of the PCEB.

(b) The Task Force shall comprise the Secretary of State,

Secretary of Agriculture, Secretary of Commerce, Secretary of

Defense, the Attorney General, Secretary of the Interior, Secretary

of Education, Secretary of Health and Human Services, Secretary of

Housing and Urban Development, Secretary of Energy, Secretary of

Labor, Secretary of Transportation, Secretary of the Treasury,

Secretary of Homeland Security, Director of the Office of

Management and Budget, Director of National Drug Control Policy,

Administrator of General Services, Administrator of the Small

Business Administration, Administrator of the Environmental

Protection Agency, or their designees, and such other senior

executive branch officials as may be determined by the Co-Chairs of

the Task Force. The Secretaries of the Treasury, Agriculture, and

Labor shall Co-Chair the Task Force, rotating annually. The agency

chairing the Task Force will provide administrative support for the

Task Force.

(c) The purpose of the Task Force is to coordinate and better

leverage existing Administration efforts for the Southwest Border,

in concert with locally led efforts, in order to increase the

living standards and the overall economic profile of the Southwest

Border so that it may achieve the average of the Nation.

Specifically, the Task Force shall:

(1) analyze the existing programs and policies of Task Force

members that relate to the Southwest Border to determine what

changes, modifications, and innovations should be considered;

(2) consider statistical and data analysis, research, and policy

studies related to the Southwest Border;

(3) develop and recommend short-term and long-term options for

promoting sustainable economic development;

(4) consult and coordinate activities with State, tribal, and

local governments, community leaders, Members of Congress, the

private sector, and other interested parties, paying particular

attention to maintaining existing authorities of the States,

tribes, and local governments, and preserving their existing

working relationships with other agencies, organizations, or

individuals;

(5) coordinate and collaborate on research and demonstration

priorities of Task Force member agencies related to the Southwest

Border;

(6) integrate Administration initiatives and programs into the

design of sustainable economic development actions for the

Southwest Border; and

(7) focus initial efforts on pilot communities for implementing a

coordinated and expedited Federal response to local economic

development and other needs.

(d) The Task Force shall issue an interim report to the Vice

President by November 15, 1999. The Task Force shall issue its

first annual report to the Vice President by April 15, 2000, with

subsequent reports to follow yearly and a final report on April 15,

2002. The reports shall describe the actions taken by, and progress

of, each member of the Task Force in carrying out this order. The

Task Force shall terminate 30 days after submitting its final

report unless a Task Force consensus recommends continuation of

activities.

Sec. 2. Specific Activities by Task Force Members and Other

Agencies. The agencies represented on the Task Force shall work

together and report their actions and progress in carrying out this

order to the Task Force Chair 1 month before the reports are due to

the Vice President under section 1(d) of this order.

Sec. 3. Cooperation. All efforts taken by agencies under sections

1 and 2 of this order shall, as appropriate, further partnerships

and cooperation with organizations that represent the Southwest

Border and with State and local governments.

Sec. 4. (a) "Agency" means an executive agency as defined in 5

U.S.C. 105.

(b) The "Southwest Border" or "Southwest Border region" is

defined as including the areas up to 150 miles north of the United

States-Mexican border in the States of Arizona, New Mexico, Texas,

and California.

Sec. 5. Judicial Review. This order does not create any right or

benefit, substantive or procedural, enforceable at law by a party

against the United States, its agencies, its officers, or any

person.

-End-

-CITE-

42 USC Sec. 3122 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

Sec. 3122. Definitions

-STATUTE-

In this chapter:

(1) 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.

(2) Department

The term "Department" means the Department of Commerce.

(3) 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 appropriate, 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).

(4) Eligible recipient

(A) In general

The term "eligible recipient" means -

(i) an area described in section 3161(a) of this title;

(ii) an economic development district;

(iii) an Indian tribe;

(iv) a State;

(v) a city or other political subdivision of a State or a

consortium of political subdivisions;

(vi) an institution of higher education or a consortium of

institutions of higher education; or

(vii) a public or private nonprofit organization or

association acting in cooperation with officials of a

political subdivision of a State.

(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.

(5) Federal agency

The term "Federal agency" means a department, agency, or

instrumentality of the United States.

(6) Grant

The term "grant" includes a cooperative agreement (within the

meaning of chapter 63 of title 31).

(7) 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.

(8) Secretary

The term "Secretary" means the Secretary of Commerce.

(9) 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.

(10) United States

The term "United States" means all of the States.

-SOURCE-

(Pub. L. 89-136, Sec. 3, as added Pub. L. 105-393, title I, Sec.

102(a), Nov. 13, 1998, 112 Stat. 3599.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of the Economic Development Administration

Reform Act of 1998, referred to in par. (3)(B), see section 105 of

Pub. L. 105-393, set out as an Effective Date note under section

3121 of this title.

The Alaska Native Claims Settlement Act, referred to in par. (7),

is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which

is classified generally to chapter 33 (Sec. 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.

-MISC1-

PRIOR PROVISIONS

A prior section 3122, Pub. L. 91-524, title IX, Sec. 901, Nov.

30, 1970, 84 Stat. 1383; Pub. L. 92-419, title VI, Sec. 601, Aug.

30, 1972, 86 Stat. 674; Pub. L. 94-273, Sec. 7(3), Apr. 21, 1976,

90 Stat. 378; Pub. L. 96-355, Sec. 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 2204b-1 of

Title 7, Agriculture.

-End-

-CITE-

42 USC Sec. 3123 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

Sec. 3123. Discrimination on basis of sex prohibited in federally

assisted programs

-STATUTE-

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.].

-SOURCE-

(Pub. L. 92-65, title I, Sec. 112, Aug. 5, 1971, 85 Stat. 168.)

-REFTEXT-

REFERENCES IN TEXT

The Public Works and Economic Development Act of 1965, referred

to in text, is Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552, as

amended, which is classified generally to this chapter (Sec. 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.

-COD-

CODIFICATION

Section was not enacted as part of the Public Works and Economic

Development Act of 1965 which comprises this chapter.

-End-

-CITE-

42 USC SUBCHAPTER I - ECONOMIC DEVELOPMENT PARTNERSHIPS

COOPERATION AND COORDINATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER I - ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND

COORDINATION

-HEAD-

SUBCHAPTER I - ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND

COORDINATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 9815 of this title.

-End-

-CITE-

42 USC Sec. 3131 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER I - ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND

COORDINATION

-HEAD-

Sec. 3131. Establishment of economic development partnerships

-STATUTE-

(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), and

multi-State regional 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 adjoining States, or an organization of any 2 or more

adjoining 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.

-SOURCE-

(Pub. L. 89-136, title I, Sec. 101, as added Pub. L. 105-393, title

I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3600.)

-MISC1-

PRIOR PROVISIONS

A prior section 3131, Pub. L. 89-136, title I, Sec. 101, Aug. 26,

1965, 79 Stat. 552; Pub. L. 91-123, title III, Sec. 301(1), Nov.

25, 1969, 83 Stat. 219; Pub. L. 92-65, title I, Sec. 102, Aug. 5,

1971, 85 Stat. 166; Pub. L. 94-487, title I, Sec. 103, Oct. 12,

1976, 90 Stat. 2331, authorized direct and supplementary grants,

prior to repeal by Pub. L. 105-393, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3338 of this title.

-End-

-CITE-

42 USC Sec. 3132 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER I - ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND

COORDINATION

-HEAD-

Sec. 3132. Cooperation of Federal agencies

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-136, title I, Sec. 102, as added Pub. L. 105-393, title

I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3601.)

-MISC1-

PRIOR PROVISIONS

A prior section 3132, Pub. L. 89-136, title I, Sec. 102, Aug. 26,

1965, 79 Stat. 554; Pub. L. 93-423, Sec. 2, Sept. 27, 1974, 88

Stat. 1158; Pub. L. 94-487, title I, Sec. 104, Oct. 12, 1976, 90

Stat. 2331; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93

Stat. 695; Pub. L. 96-506, Sec. 1(1), Dec. 8, 1980, 94 Stat. 2745,

authorized grants for operation of health projects, prior to repeal

by Pub. L. 105-393, Sec. 102(a).

-End-

-CITE-

42 USC Sec. 3133 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER I - ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND

COORDINATION

-HEAD-

Sec. 3133. Coordination

-STATUTE-

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, and other appropriate planning and development

organizations.

-SOURCE-

(Pub. L. 89-136, title I, Sec. 103, as added Pub. L. 105-393, title

I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3601.)

-MISC1-

PRIOR PROVISIONS

A prior section 3133, Pub. L. 89-136, title I, Sec. 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. 105-393, Sec. 102(a).

A prior section 3134, Pub. L. 89-136, title I, Sec. 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. 94-188, title I, Sec. 123, Dec. 31, 1975, 89

Stat. 1086.

Prior sections 3135 to 3137 were repealed by Pub. L. 105-393,

Sec. 102(a).

Section 3135, Pub. L. 89-136, title I, Sec. 105, Aug. 26, 1965,

79 Stat. 554; Pub. L. 91-123, title III, Sec. 301(2), Nov. 25,

1969, 83 Stat. 219; Pub. L. 91-304, Sec. 1(a), July 6, 1970, 84

Stat. 375; Pub. L. 92-65, title I, Sec. 103, Aug. 5, 1971, 85 Stat.

166; Pub. L. 93-46, Sec. 1, June 18, 1973, 87 Stat. 96; Pub. L.

93-423, Sec. 1, Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94-487,

title I, Sec. 105, Oct. 12, 1976, 90 Stat. 2331; Pub. L. 96-506,

Sec. 1(2), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97-35, title XVIII,

Sec. 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. 89-136, title I, Sec. 106, Aug. 26, 1965,

79 Stat. 554; 1966 Reorg. Plan No. 2, Sec. 1(h)(3), eff. May 10,

1966, 31 F.R. 6857, 80 Stat. 1608; 1970 Reorg. Plan No. 3, Sec.

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. 89-136, title I, Sec. 107, as added Pub. L.

94-487, title I, Sec. 106, Oct. 12, 1976, 90 Stat. 2332, authorized

increase in amount of grant for construction cost increases after

grant had been made.

-End-

-CITE-

42 USC SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND

ECONOMIC DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 7274h, 9815 of this

title.

-End-

-CITE-

42 USC Sec. 3141 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

Sec. 3141. Grants for public works and economic development

-STATUTE-

(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; and

(2) acquisition, design and engineering, construction,

rehabilitation, alteration, expansion, 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 or

expansion 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 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) 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.

-SOURCE-

(Pub. L. 89-136, title II, Sec. 201, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3601.)

-MISC1-

PRIOR PROVISIONS

A prior section 3141, Pub. L. 89-136, title II, Sec. 201, Aug.

26, 1965, 79 Stat. 554; Pub. L. 91-304, Sec. 1(b), July 6, 1970, 84

Stat. 375; Pub. L. 92-65, title I, Sec. 104, Aug. 5, 1971, 85 Stat.

167; Pub. L. 93-46, Sec. 2, June 18, 1973, 87 Stat. 96; Pub. L.

93-423, Sec. 4(a), Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94-487,

title I, Sec. 107(a), (b), Oct. 12, 1976, 90 Stat. 2332; Pub. L.

96-506, Sec. 1(3), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97-35,

title XVIII, Sec. 1821(a)(2), Aug. 13, 1981, 95 Stat. 766,

authorized public works and development facility loans, prior to

repeal by Pub. L. 105-393, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3161, 3162 of this title;

title 15 section 636; title 40 section 14507.

-End-

-CITE-

42 USC Sec. 3142 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

Sec. 3142. Base closings and realignments

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-136, title II, Sec. 202, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3602.)

-MISC1-

PRIOR PROVISIONS

A prior section 3142, Pub. L. 89-136, title II, Sec. 202, Aug.

26, 1965, 79 Stat. 556; Pub. L. 93-423, Sec. 4(b), Sept. 27, 1974,

88 Stat. 1158; Pub. L. 94-487, title I, Secs. 107(c), (d), 108,

Oct. 12, 1976, 90 Stat. 2332, authorized business loans and loan

guarantees, prior to repeal by Pub. L. 105-393, Sec. 102(a).

A prior section 3142-1, Pub. L. 91-596, Sec. 28(d), Dec. 29,

1970, 84 Stat. 1618; Pub. L. 93-237, Sec. 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. 105-393.

A prior section 3142a, Pub. L. 89-298, title II, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9815 of this title.

-End-

-CITE-

42 USC Sec. 3143 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

Sec. 3143. Grants for planning and grants for administrative

expenses

-STATUTE-

(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) State plans

(1) Development

Any State plan developed with assistance under this section

shall be developed 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) Certification to the Secretary

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.

(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; and

(D) 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.

-SOURCE-

(Pub. L. 89-136, title II, Sec. 203, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3602.)

-MISC1-

PRIOR PROVISIONS

A prior section 3143, Pub. L. 89-136, title II, Sec. 203, Aug.

26, 1965, 79 Stat. 558; Pub. L. 94-273, Sec. 2(25), Apr. 21, 1976,

90 Stat. 376, directed deposit of funds into Economic Development

Revolving Fund, prior to repeal by Pub. L. 105-393, Sec. 102(a).

-End-

-CITE-

42 USC Sec. 3144 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

Sec. 3144. Cost sharing

-STATUTE-

(a) Federal share

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.

(b) Non-Federal share

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, and

services.

-SOURCE-

(Pub. L. 89-136, title II, Sec. 204, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3603.)

-MISC1-

PRIOR PROVISIONS

A prior section 3144, Pub. L. 89-136, title II, Sec. 204, as

added Pub. L. 94-487, title I, Sec. 109, Oct. 12, 1976, 90 Stat.

2333; amended Pub. L. 96-470, title I, Sec. 201(d), Oct. 19, 1980,

94 Stat. 2241; Pub. L. 96-506, Sec. 1(4), Dec. 8, 1980, 94 Stat.

2745; Pub. L. 97-35, title XVIII, Sec. 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. 105-393, Sec.

102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3147 of this title.

-End-

-CITE-

42 USC Sec. 3145 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

Sec. 3145. Supplementary grants

-STATUTE-

(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

(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 recipient's

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.

(c) Requirements applicable to supplementary grants

(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.

(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.

(4) Lower non-Federal share

(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).

-SOURCE-

(Pub. L. 89-136, title II, Sec. 205, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3603.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3144, 3147, 3150, 3151,

3173 of this title.

-End-

-CITE-

42 USC Sec. 3146 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

Sec. 3146. Regulations on relative needs and allocations

-STATUTE-

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 income levels 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; and

(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.

-SOURCE-

(Pub. L. 89-136, title II, Sec. 206, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3604.)

-End-

-CITE-

42 USC Sec. 3147 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

Sec. 3147. Grants for training, research, and technical assistance

-STATUTE-

(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 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; and

(G) other activities determined by the Secretary to be

appropriate.

(3) Reduction or waiver of non-Federal share

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.

(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) of this section, 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.

-SOURCE-

(Pub. L. 89-136, title II, Sec. 207, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3604.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3122, 3211 of this title.

-End-

-CITE-

42 USC Sec. 3148 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

Sec. 3148. Prevention of unfair competition

-STATUTE-

No financial assistance under this chapter shall be extended to

any project when the result would be to increase the production of

goods, materials, or commodities, or the availability of services

or facilities, when there is not sufficient demand for such goods,

materials, commodities, services, or facilities, to employ the

efficient capacity of existing competitive commercial or industrial

enterprises.

-SOURCE-

(Pub. L. 89-136, title II, Sec. 208, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3605.)

-End-

-CITE-

42 USC Sec. 3149 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

Sec. 3149. Grants for economic adjustment

-STATUTE-

(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; or

(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.

(d) Direct expenditure or redistribution by recipient

(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.

-SOURCE-

(Pub. L. 89-136, title II, Sec. 209, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3605.)

-REFTEXT-

REFERENCES IN TEXT

The Robert T. Stafford Disaster Relief and Emergency Assistance

Act, referred to in subsec. (c)(2), is Pub. L. 93-288, May 22,

1974, 88 Stat. 143, as amended, which is classified principally to

chapter 68 (Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3161, 3162, 3232, 3233,

5154 of this title; title 40 section 14507.

-End-

-CITE-

42 USC Sec. 3150 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

Sec. 3150. Changed project circumstances

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-136, title II, Sec. 210, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3606.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of the Economic Development Administration

Reform Act of 1998, referred to in text, see section 105 of Pub. L.

105-393, set out as an Effective Date note under section 3121 of

this title.

-End-

-CITE-

42 USC Sec. 3151 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

Sec. 3151. Use of funds in projects constructed under projected

cost

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-136, title II, Sec. 211, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3606.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of the Economic Development Administration

Reform Act of 1998, referred to in text, see section 105 of Pub. L.

105-393, set out as an Effective Date note under section 3121 of

this title.

-MISC1-

PRIOR PROVISIONS

Prior sections 3151 and 3151a were repealed by Pub. L. 105-393,

Sec. 102(a).

Section 3151, Pub. L. 89-136, title III, Sec. 301, Aug. 26, 1965,

79 Stat. 558; Pub. L. 91-123, title III, Sec. 302, Nov. 25, 1969,

83 Stat. 219; Pub. L. 93-46, Sec. 3(a), June 18, 1973, 87 Stat. 96,

authorized technical assistance to alleviate or prevent excessive

unemployment or underemployment.

Section 3151a, Pub. L. 89-136, title III, Sec. 302, as added Pub.

L. 93-423, Sec. 5(b), Sept. 27, 1974, 88 Stat. 1159; amended Pub.

L. 94-487, title I, Sec. 110, Oct. 12, 1976, 90 Stat. 2333,

authorized grants for economic development planning.

-End-

-CITE-

42 USC Sec. 3152 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

Sec. 3152. Reports by recipients

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-136, title II, Sec. 212, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3606.)

-MISC1-

PRIOR PROVISIONS

A prior section 3152, Pub. L. 89-136, title III, Sec. 303,

formerly Sec. 302, Aug. 26, 1965, 79 Stat. 560, amended Pub. L.

91-123, title III, Sec. 303, Nov. 25, 1969, 83 Stat. 219; Pub. L.

91-304, Sec. 1(c), July 6, 1970, 84 Stat. 375; Pub. L. 92-65, title

I, Sec. 105, Aug. 5, 1971, 85 Stat. 167; Pub. L. 93-46, Sec. 3(b),

June 18, 1973, 87 Stat. 96; renumbered Sec. 303 and amended Pub. L.

93-423, Sec. 5(a), (c), Sept. 27, 1974, 88 Stat. 1159, 1160; Pub.

L. 94-487, title I, Sec. 111, Oct. 12, 1976, 90 Stat. 2334; Pub. L.

96-506, Sec. 1(5), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97-35,

title XVIII, Sec. 1821(a)(4), Aug. 13, 1981, 95 Stat. 766,

authorized appropriations for technical assistance and economic

development planning, prior to repeal by Pub. L. 105-393, Sec.

102(a).

-End-

-CITE-

42 USC Sec. 3153 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER II - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

-HEAD-

Sec. 3153. Prohibition on use of funds for attorney's and

consultant's fees

-STATUTE-

Assistance made available under this subchapter shall not be used

directly or indirectly for an attorney's or consultant's fee

incurred in connection with obtaining grants and contracts under

this subchapter.

-SOURCE-

(Pub. L. 89-136, title II, Sec. 213, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3607.)

-MISC1-

PRIOR PROVISIONS

A prior section 3153, Pub. L. 89-136, title III, Sec. 304, as

added Pub. L. 93-423, Sec. 5(d), Sept. 27, 1974, 88 Stat. 1160;

amended Pub. L. 94-487, title I, Sec. 112, Oct. 12, 1976, 90 Stat.

2334; Pub. L. 96-506, Sec. 1(6), Dec. 8, 1980, 94 Stat. 2745; Pub.

L. 97-35, title XVIII, Sec. 1821(a)(5), Aug. 13, 1981, 95 Stat.

766, authorized appropriations for supplemental and basic grants

and loans, prior to repeal by Pub. L. 105-393, Sec. 102(a).

-End-

-CITE-

42 USC SUBCHAPTER III - ELIGIBILITY; COMPREHENSIVE

ECONOMIC DEVELOPMENT STRATEGIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER III - ELIGIBILITY; COMPREHENSIVE ECONOMIC DEVELOPMENT

STRATEGIES

-HEAD-

SUBCHAPTER III - ELIGIBILITY; COMPREHENSIVE ECONOMIC DEVELOPMENT

STRATEGIES

-End-

-CITE-

42 USC Sec. 3161 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER III - ELIGIBILITY; COMPREHENSIVE ECONOMIC DEVELOPMENT

STRATEGIES

-HEAD-

Sec. 3161. Eligibility of areas

-STATUTE-

(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 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 or economic adjustment

problems resulting from severe short-term or long-term changes in

economic conditions.

(b) Political boundaries of areas

An area that meets 1 or more of the criteria of subsection (a) of

this section, 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) of this

section shall be supported by the most recent Federal data

available, 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.

-SOURCE-

(Pub. L. 89-136, title III, Sec. 301, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3607.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of the Economic Development Administration

Reform Act of 1998, referred to in subsec. (d), see section 105 of

Pub. L. 105-393, set out as an Effective Date note under section

3121 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 3161, Pub. L. 89-136, title IV, Sec. 401, Aug.

26, 1965, 79 Stat. 560; Pub. L. 89-794, title XI, Sec. 1102, Nov.

8, 1966, 80 Stat. 1477; Pub. L. 91-123, title III, Sec. 304, Nov.

25, 1969, 83 Stat. 219; Pub. L. 92-65, title I, Sec. 106, Aug. 5,

1971, 85 Stat. 167; Pub. L. 93-423, Secs. 3(a), 6, Sept. 27, 1974,

88 Stat. 1158, 1161; Pub. L. 94-487, title I, Secs. 113, 114, Oct.

12, 1976, 90 Stat. 2334, set forth criteria for determining

eligible redevelopment areas, prior to repeal by Pub. L. 105-393,

Sec. 102(a).

A prior section 301 of Pub. L. 89-136 was classified to section

3151 of this title prior to repeal by Pub. L. 105-393, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3122, 3145, 3175, 3192,

3195, 9815 of this title.

-End-

-CITE-

42 USC Sec. 3162 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER III - ELIGIBILITY; COMPREHENSIVE ECONOMIC DEVELOPMENT

STRATEGIES

-HEAD-

Sec. 3162. Comprehensive economic development strategies

-STATUTE-

(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, enhances and protects

the environment, 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) of this

section to the satisfaction of the Secretary.

(c) Approval of other plan

The Secretary may accept as a comprehensive economic development

strategy a satisfactory plan developed under another federally

supported program.

-SOURCE-

(Pub. L. 89-136, title III, Sec. 302, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3608.)

-MISC1-

PRIOR PROVISIONS

A prior section 3162, Pub. L. 89-136, title IV, Sec. 402, Aug.

26, 1965, 79 Stat. 561; Pub. L. 92-65, title I, Sec. 107, Aug. 5,

1971, 85 Stat. 167, required annual review of area eligibility,

prior to repeal by Pub. L. 105-393, Sec. 102(a).

A prior section 302 of Pub. L. 89-136 was classified to section

3151a of this title prior to repeal by Pub. L. 105-393, Sec.

102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3122 of this title.

-End-

-CITE-

42 USC SUBCHAPTER IV - ECONOMIC DEVELOPMENT DISTRICTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER IV - ECONOMIC DEVELOPMENT DISTRICTS

-HEAD-

SUBCHAPTER IV - ECONOMIC DEVELOPMENT DISTRICTS

-End-

-CITE-

42 USC Sec. 3171 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER IV - ECONOMIC DEVELOPMENT DISTRICTS

-HEAD-

Sec. 3171. Designation of economic development districts

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-136, title IV, Sec. 401, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3608.)

-MISC1-

PRIOR PROVISIONS

A prior section 3171, Pub. L. 89-136, title IV, Sec. 403, Aug.

26, 1965, 79 Stat. 562; Pub. L. 91-304, Sec. 1(d), July 6, 1970, 84

Stat. 375; Pub. L. 92-65, title I, Sec. 108, Aug. 5, 1971, 85 Stat.

167; Pub. L. 93-46, Sec. 4, June 18, 1973, 87 Stat. 96; Pub. L.

93-423, Sec. 7, Sept. 27, 1974, 88 Stat. 1161; Pub. L. 94-487,

title I, Sec. 115, Oct. 12, 1976, 90 Stat. 2335; Pub. L. 96-506,

Sec. 1(7), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97-35, title XVIII,

Sec. 1821(a)(6), Aug. 13, 1981, 95 Stat. 766, authorized Secretary

to designate economic development districts and centers, prior to

repeal by Pub. L. 105-393, Sec. 102(a).

A prior section 401 of Pub. L. 89-136 was classified to section

3161 of this title prior to repeal by Pub. L. 105-393, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3122 of this title.

-End-

-CITE-

42 USC Sec. 3172 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER IV - ECONOMIC DEVELOPMENT DISTRICTS

-HEAD-

Sec. 3172. Termination or modification of economic development

districts

-STATUTE-

The Secretary shall, by regulation, promulgate standards for the

termination or modification of the designation of economic

development districts.

-SOURCE-

(Pub. L. 89-136, title IV, Sec. 402, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3609.)

-MISC1-

PRIOR PROVISIONS

A prior section 3172, Pub. L. 89-136, title IV, Sec. 404, as

added Pub. L. 93-423, Sec. 8, Sept. 27, 1974, 88 Stat. 1162;

amended Pub. L. 94-487, title I, Sec. 116, Oct. 12, 1976, 90 Stat.

2335; Pub. L. 96-506, Sec. 1(8), Dec. 8, 1980, 94 Stat. 2745; Pub.

L. 97-35, title XVIII, Sec. 1821(a)(7), Aug. 13, 1981, 95 Stat.

766, authorized additional appropriations for Indian economic

development, prior to repeal by Pub. L. 105-393, Sec. 102(a).

A prior section 402 of Pub. L. 89-136 was classified to section

3162 of this title prior to repeal by Pub. L. 105-393, Sec. 102(a).

-End-

-CITE-

42 USC Sec. 3173 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER IV - ECONOMIC DEVELOPMENT DISTRICTS

-HEAD-

Sec. 3173. Incentives

-STATUTE-

(a) In general

Subject to the non-Federal share requirement under section

3145(c)(1) of this title, the Secretary may increase the amount of

grant assistance for a project in an economic development district

by an amount that does not exceed 10 percent of the cost of the

project, in accordance with such regulations as the Secretary shall

promulgate, if -

(1) the project applicant is actively participating in the

economic development activities of the district; and

(2) the project is consistent with the comprehensive economic

development strategy of the district.

(b) Review of incentive system

In promulgating regulations under subsection (a) of this section,

the Secretary shall review the current incentive system to ensure

that the system is administered in the most direct and effective

manner to achieve active participation by project applicants in the

economic development activities of economic development districts.

-SOURCE-

(Pub. L. 89-136, title IV, Sec. 403, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3609.)

-MISC1-

PRIOR PROVISIONS

A prior section 3173, Pub. L. 89-136, title IV, Sec. 405, as

added Pub. L. 94-487, title I, Sec. 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.

105-393, Sec. 102(a).

A prior section 403 of Pub. L. 89-136 was classified to section

3171 of this title prior to repeal by Pub. L. 105-393, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3122 of this title.

-End-

-CITE-

42 USC Sec. 3174 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER IV - ECONOMIC DEVELOPMENT DISTRICTS

-HEAD-

Sec. 3174. Provision of comprehensive economic development

strategies to Appalachian Regional Commission

-STATUTE-

If any part of an economic development district is in the

Appalachian region (as defined in section 14102(a)(1) and (b) of

title 40), 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 subtitle IV of title 40.

-SOURCE-

(Pub. L. 89-136, title IV, Sec. 404, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3609.)

-COD-

CODIFICATION

In text, "section 14102(a)(1) and (b) of title 40" substituted

for "section 403 of the Appalachian Regional Development Act of

1965 (40 U.S.C. App.)" and "subtitle IV of title 40" substituted

for "that Act", meaning the Appalachian Regional Development Act of

1965, on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,

116 Stat. 1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-MISC1-

PRIOR PROVISIONS

A prior section 404 of Pub. L. 89-136 was classified to section

3172 of this title prior to repeal by Pub. L. 105-393, Sec. 102(a).

-End-

-CITE-

42 USC Sec. 3175 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER IV - ECONOMIC DEVELOPMENT DISTRICTS

-HEAD-

Sec. 3175. Assistance to parts of economic development districts

not in eligible areas

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-136, title IV, Sec. 405, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3609.)

-MISC1-

PRIOR PROVISIONS

A prior section 405 of Pub. L. 89-136 was classified to section

3173 of this title prior to repeal by Pub. L. 105-393, Sec. 102(a).

Prior sections 3181 to 3190 were repealed by Pub. L. 97-35, title

XVIII, Sec. 1821(a)(8), Aug. 13, 1981, 95 Stat. 766, effective

Sept. 30, 1981.

Section 3181, Pub. L. 89-136, title V, Sec. 501, Aug. 26, 1965,

79 Stat. 564; Pub. L. 91-123, title II, Sec. 202, Nov. 25, 1969, 83

Stat. 216; Pub. L. 94-188, title II, Sec. 209(a), Dec. 31, 1975, 89

Stat. 1091, related to designation, etc., of economic development

regions.

Section 3182, Pub. L. 89-136, title V, Sec. 502, Aug. 26, 1965,

79 Stat. 564; Pub. L. 94-188, title II, Secs. 208, 209(b), Dec. 31,

1975, 89 Stat. 1091, related to establishment, membership, etc., of

regional commissions.

Section 3183, Pub. L. 89-136, title V, Sec. 503, Aug. 26, 1965,

79 Stat. 565; Pub. L. 90-103, title II, Sec. 201, Oct. 11, 1967, 81

Stat. 266; Pub. L. 93-423, Sec. 9(a), Sept. 27, 1974, 88 Stat.

1162, set forth functions of Commissions.

Section 3184, Pub. L. 89-136, title V, Sec. 504, Aug. 26, 1965,

79 Stat. 566, set out program development criteria.

Section 3185, Pub. L. 89-136, title V, Sec. 505, Aug. 26, 1965,

79 Stat. 566; Pub. L. 90-103, title II, Sec. 202, Oct. 11, 1967, 81

Stat. 266; Pub. L. 91-123, title II, Sec. 203, Nov. 25, 1969, 83

Stat. 216; Pub. L. 93-423, Sec. 9(b), Sept. 27, 1974, 88 Stat.

1162; Pub. L. 94-273, Sec. 2(25), Apr. 21, 1976, 90 Stat. 376, set

out provisions relating to technical and planning assistance to

regional commissions.

Section 3186, Pub. L. 89-136, title V, Sec. 506, Aug. 26, 1965,

79 Stat. 567; Pub. L. 91-123, title II, Sec. 204, Nov. 25, 1969, 83

Stat. 217, related to administrative powers of regional commissions

and headquarters of Federal cochairman.

Section 3187, Pub. L. 89-136, title V, Sec. 507, Aug. 26, 1965,

79 Stat. 568, related to information procurement.

Section 3188, Pub. L. 89-136, title V, Sec. 508, Aug. 26, 1965,

79 Stat. 568, related to personal financial interests of commission

personnel.

Section 3188a, Pub. L. 89-136, title V, Sec. 509, as added Pub.

L. 90-103, title II, Sec. 203, Oct. 11, 1967, 81 Stat. 266; amended

Pub. L. 91-123, title II, Sec. 205, Nov. 25, 1969, 83 Stat. 217;

Pub. L. 91-258, title I, Sec. 52(b)(2), May 21, 1970, 84 Stat. 235;

Pub. L. 92-65, title I, Sec. 109, Aug. 5, 1971, 85 Stat. 167; Pub.

L. 93-46, Sec. 5, June 18, 1973, 87 Stat. 97; Pub. L. 93-423, Sec.

9(c), Sept. 27, 1974, 88 Stat. 1162; Pub. L. 94-188, title II, Sec.

202, Dec. 31, 1975, 89 Stat. 1087; Pub. L. 94-487, title I, Secs.

118, 119, Oct. 12, 1976, 90 Stat. 2335, 2336; Pub. L. 96-506, Sec.

1(9), Dec. 8, 1980, 94 Stat. 2745, related to supplements to

Federal grant-in-aid programs.

Section 3189, Pub. L. 89-136, title V, Sec. 510, formerly Sec.

509, Aug. 26, 1965, 79 Stat. 569; renumbered Sec. 510, Pub. L.

90-103, title II, Sec. 203, Oct. 11, 1967, 81 Stat. 266; Pub. L.

94-273, Sec. 25, Apr. 21, 1976, 90 Stat. 380, related to annual

reports to Congress.

Section 3190, Pub. L. 89-136, title V, Sec. 511, as added Pub. L.

91-123, title II, Sec. 206, Nov. 25, 1969, 83 Stat. 218; amended

Pub. L. 93-423, Sec. 9(d), Sept. 27, 1974, 88 Stat. 1162, required

coordination of activities between Secretary and Federal cochairmen

in grants and loans.

-End-

-CITE-

42 USC SUBCHAPTER V - ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER V - ADMINISTRATION

-HEAD-

SUBCHAPTER V - ADMINISTRATION

-End-

-CITE-

42 USC Sec. 3191 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 3191. Assistant Secretary for Economic Development

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-136, title V, Sec. 501, as added Pub. L. 105-393, title

I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3610.)

-MISC1-

PRIOR PROVISIONS

A prior section 3191, Pub. L. 89-136, title V, Sec. 512, as added

Pub. L. 91-123, title II, Sec. 206, Nov. 25, 1969, 83 Stat. 218;

amended Pub. L. 92-65, title I, Sec. 110, Aug. 5, 1971, 85 Stat.

167, related to Federal Field Committee for Development Planning in

Alaska, prior to repeal by Pub. L. 97-35, title XVIII, Sec.

1821(a)(8), Aug. 13, 1981, 95 Stat. 766, effective Sept. 30, 1981.

A prior section 501 of Pub. L. 89-136 was classified to section

3181 of this title prior to repeal by Pub. L. 97-35, Sec.

1821(a)(8).

-End-

-CITE-

42 USC Sec. 3192 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 3192. Economic development information clearinghouse

-STATUTE-

In carrying out this chapter, the Secretary shall -

(1) 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;

(2) 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

(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.

-SOURCE-

(Pub. L. 89-136, title V, Sec. 502, as added Pub. L. 105-393, title

I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3610.)

-MISC1-

PRIOR PROVISIONS

A prior section 3192, Pub. L. 89-136, title V, Sec. 513, as added

Pub. L. 91-123, title II, Sec. 206, Nov. 25, 1969, 83 Stat. 219;

amended Pub. L. 94-188, title II, Sec. 203, Dec. 31, 1975, 89 Stat.

1087, related to regional transportation systems, prior to repeal

by Pub. L. 97-35, title XVIII, Sec. 1821(a)(8), Aug. 13, 1981, 95

Stat. 766, effective Sept. 30, 1981.

A prior section 502 of Pub. L. 89-136 was classified to section

3182 of this title prior to repeal by Pub. L. 97-35, Sec.

1821(a)(8).

-End-

-CITE-

42 USC Sec. 3193 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 3193. Consultation with other persons and agencies

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-136, title V, Sec. 503, as added Pub. L. 105-393, title

I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3610.)

-MISC1-

PRIOR PROVISIONS

A prior section 3193, Pub. L. 89-136, title V, Sec. 514, as added

Pub. L. 93-423, Sec. 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.

94-519, Secs. 6, 9, Oct. 17, 1976, 90 Stat. 2456, 2457, effective

Oct. 17, 1977.

A prior section 503 of Pub. L. 89-136 was classified to section

3183 of this title prior to repeal by Pub. L. 97-35, Sec.

1821(a)(8).

-End-

-CITE-

42 USC Sec. 3194 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 3194. Administration, operation, and maintenance

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-136, title V, Sec. 504, as added Pub. L. 105-393, title

I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3610.)

-MISC1-

PRIOR PROVISIONS

A prior section 3194, Pub. L. 89-136, title V, Sec. 515, as added

Pub. L. 94-188, title II, Sec. 204, Dec. 31, 1975, 89 Stat. 1088,

related to energy demonstration projects and programs, prior to

repeal by Pub. L. 97-35, title XVIII, Sec. 1821(a)(8), Aug. 13,

1981, 95 Stat. 766, effective Sept. 30, 1981.

A prior section 504 of Pub. L. 89-136 was classified to section

3184 of this title prior to repeal by Pub. L. 97-35, Sec.

1821(a)(8).

-End-

-CITE-

42 USC Sec. 3195 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 3195. Businesses desiring Federal contracts

-STATUTE-

The Secretary may provide the procurement divisions of Federal

agencies with a list consisting of -

(1) the names and addresses of businesses that are located in

areas described in section 3161(a) of this title and that wish to

obtain Federal Government contracts for the provision of supplies

or services; and

(2) the supplies and services that each business provides.

-SOURCE-

(Pub. L. 89-136, title V, Sec. 505, as added Pub. L. 105-393, title

I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3610.)

-MISC1-

PRIOR PROVISIONS

A prior section 3195, Pub. L. 89-136, title V, Sec. 516, as added

Pub. L. 94-188, title II, Sec. 205, Dec. 31, 1975, 89 Stat. 1088,

related to health and nutrition demonstration projects, prior to

repeal by Pub. L. 97-35, title XVIII, Sec. 1821(a)(8), Aug. 13,

1981, 95 Stat. 766, effective Sept. 30, 1981.

A prior section 505 of Pub. L. 89-136 was classified to section

3185 of this title prior to repeal by Pub. L. 97-35, Sec.

1821(a)(8).

-End-

-CITE-

42 USC Sec. 3196 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 3196. Performance evaluations of grant recipients

-STATUTE-

(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 grantee's 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) of this section 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) of this section 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

after the effective date of the Economic Development Administration

Reform Act of 1998, 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) of this section.

(2) Evaluation criteria for university centers

The criteria for evaluation of a university center shall, at a

minimum, provide for an assessment of the center's contribution

to providing technical assistance, conducting applied research,

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) of this section, 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.

-SOURCE-

(Pub. L. 89-136, title V, Sec. 506, as added Pub. L. 105-393, title

I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3611.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of the Economic Development Administration

Reform Act of 1998, referred to in subsec. (c), see section 105 of

Pub. L. 105-393, set out as an Effective Date note under section

3121 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 3196, Pub. L. 89-136, title V, Sec. 517, as added

Pub. L. 94-188, title II, Sec. 206, Dec. 31, 1975, 89 Stat. 1090,

related to vocational and technical educational demonstration

projects, prior to repeal by Pub. L. 97-35, title XVIII, Sec.

1821(a)(8), Aug. 13, 1981, 95 Stat. 766, effective Sept. 30, 1981.

A prior section 506 of Pub. L. 89-136 was classified to section

3186 of this title prior to repeal by Pub. L. 97-35, Sec.

1821(a)(8).

-End-

-CITE-

42 USC Sec. 3197 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER V - ADMINISTRATION

-HEAD-

Sec. 3197. Notification of reorganization

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-136, title V, Sec. 507, as added Pub. L. 105-393, title

I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3611.)

-MISC1-

PRIOR PROVISIONS

A prior section 507 of Pub. L. 89-136 was classified to section

3187 of this title prior to repeal by Pub. L. 97-35, Sec.

1821(a)(8).

Prior sections 3201 to 3204 were repealed by Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3597.

Section 3201, Pub. L. 89-136, title VI, Sec. 601(a), Aug. 26,

1965, 79 Stat. 569; Pub. L. 97-195, Sec. 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. 89-136, title VI, Sec. 602, Aug. 26, 1965,

79 Stat. 570, related to National Public Advisory Committee on

Regional Economic Development.

Section 3203, Pub. L. 89-136, title VI, Sec. 603, Aug. 26, 1965,

79 Stat. 570, authorized Secretary to consult with other persons

and agencies.

Section 3204, Pub. L. 89-136, title VI, Sec. 604, as added Pub.

L. 90-103, title II, Sec. 204, Oct. 11, 1967, 81 Stat. 268,

conditioned assistance upon proper administration, operation, and

maintenance of project.

-End-

-CITE-

42 USC SUBCHAPTER VI - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER VI - MISCELLANEOUS

-HEAD-

SUBCHAPTER VI - MISCELLANEOUS

-End-

-CITE-

42 USC Sec. 3211 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER VI - MISCELLANEOUS

-HEAD-

Sec. 3211. Powers of Secretary

-STATUTE-

(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 Secretary's discretion

and on such terms and conditions and for such consideration as

the Secretary determines to be reasonable, any evidence of

debt, contract, claim, 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) of this section 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 5 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 95-31).

(2) Release

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.

(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.

-SOURCE-

(Pub. L. 89-136, title VI, Sec. 601, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3611.)

-REFTEXT-

REFERENCES IN TEXT

The civil service and classification laws, referred to in subsec.

(a)(2), are the civil service laws which are set forth in Title 5,

Government Organization and Employees, particularly section 3301 et

seq. of Title 5, and the classification laws which are set forth in

chapter 51 and subchapter III of chapter 53 of Title 5.

The Public Works Employment Act of 1976, referred to in subsec.

(d)(1)(B), is Pub. L. 94-369, July 22, 1976, 90 Stat. 999, as

amended. Title I of the Act, known as the Local Public Works

Capital Development and Investment Act of 1976, is classified

generally to subchapter I (Sec. 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. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Title II of the

Act is classified generally to subchapter II (Sec. 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. 95-31, May 23, 1977, 91 Stat. 169.

Title I of the Act is set out as a note under section 5184 of this

title. For complete classification of this Act to the Code, see

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 3211, Pub. L. 89-136, title VII, Sec. 701, Aug.

26, 1965, 79 Stat. 570, set forth powers of Secretary, prior to

repeal by Pub. L. 105-393, Sec. 102(b)(3).

A prior section 601(a) of Pub. L. 89-136 was classified to

section 3201 of this title prior to repeal by Pub. L. 105-393, Sec.

102(a).

-End-

-CITE-

42 USC Sec. 3212 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER VI - MISCELLANEOUS

-HEAD-

Sec. 3212. Maintenance of standards

-STATUTE-

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 sections 3141-3144, 3146, and

3147 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.

-SOURCE-

(Pub. L. 89-136, title VI, Sec. 602, formerly title VII, Sec. 712,

Aug. 26, 1965, 79 Stat. 575; Pub. L. 93-567, title III, Sec. 302,

Dec. 31, 1974, 88 Stat. 1855; renumbered title VI, Sec. 602, and

amended Pub. L. 105-393, title I, Sec. 102(b)(1), (2), Nov. 13,

1998, 112 Stat. 3616.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950, referred to in text, is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

In text, "sections 3141-3144, 3146, and 3147 of title 40"

substituted for "the Davis-Bacon Act, as amended (40 U.S.C.

276a-276a-5)" and "section 3145 of title 40" substituted for

"section 2 of the Act of June 13, 1934, as amended (40 U.S.C.

276c)", on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,

116 Stat. 1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

Section was formerly classified to section 3222 of this title

prior to renumbering by Pub. L. 105-393.

-MISC1-

PRIOR PROVISIONS

A prior section 3212, Pub. L. 89-136, title VII, Sec. 702, Aug.

26, 1965, 79 Stat. 572, related to prevention of unfair

competition, prior to repeal by Pub. L. 105-393, Sec. 102(b)(3).

A prior section 602 of Pub. L. 89-136 was classified to section

3202 of this title prior to repeal by Pub. L. 105-393, Sec. 102(a).

AMENDMENTS

1998 - Pub. L. 105-393, Sec. 102(b)(2)(A), substituted section

catchline for former section catchline.

Pub. L. 105-393, Sec. 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. 93-567 inserted references to sections 3243 and

3236b of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-393 effective on date determined by

Secretary of Commerce, but not later than 90 days after Nov. 13,

1998, see section 105 of Pub. L. 105-393, set out as an Effective

Date note under section 3121 of this title.

-End-

-CITE-

42 USC Sec. 3213 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER VI - MISCELLANEOUS

-HEAD-

Sec. 3213. Annual report to Congress

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-136, title VI, Sec. 603, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3614.)

-MISC1-

PRIOR PROVISIONS

A prior section 3213, Pub. L. 89-136, title VII, Sec. 703, Aug.

26, 1965, 79 Stat. 572, set forth savings provisions, prior to

repeal by Pub. L. 105-393, Sec. 102(b)(3).

A prior section 603 of Pub. L. 89-136 was classified to section

3203 of this title prior to repeal by Pub. L. 105-393, Sec. 102(a).

-End-

-CITE-

42 USC Sec. 3214 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER VI - MISCELLANEOUS

-HEAD-

Sec. 3214. Delegation of functions and transfer of funds among

Federal agencies

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-136, title VI, Sec. 604, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3614.)

-MISC1-

PRIOR PROVISIONS

A prior section 3214, Pub. L. 89-136, title VII, Sec. 704, Aug.

26, 1965, 79 Stat. 572; Pub. L. 94-487, title I, Sec. 120, Oct. 12,

1976, 90 Stat. 2336, related to transfer of functions of Area

Redevelopment Administration, prior to repeal by Pub. L. 105-393,

Sec. 102(b)(3).

A prior section 604 of Pub. L. 89-136 was classified to section

3204 of this title prior to repeal by Pub. L. 105-393, Sec. 102(a).

-End-

-CITE-

42 USC Sec. 3215 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER VI - MISCELLANEOUS

-HEAD-

Sec. 3215. Penalties

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-136, title VI, Sec. 605, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3614.)

-MISC1-

PRIOR PROVISIONS

A prior section 3215, Pub. L. 89-136, title VII, Sec. 705, Aug.

26, 1965, 79 Stat. 573, related to separability of provisions,

prior to repeal by Pub. L. 105-393, Sec. 102(b)(3).

-End-

-CITE-

42 USC Sec. 3216 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER VI - MISCELLANEOUS

-HEAD-

Sec. 3216. Employment of expediters and administrative employees

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-136, title VI, Sec. 606, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3615.)

-MISC1-

PRIOR PROVISIONS

A prior section 3216, Pub. L. 89-136, title VII, Sec. 706, Aug.

26, 1965, 79 Stat. 573, defined terms as used in this chapter,

prior to repeal by Pub. L. 105-393, Sec. 102(b)(3).

-End-

-CITE-

42 USC Sec. 3217 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER VI - MISCELLANEOUS

-HEAD-

Sec. 3217. Maintenance and public inspection of list of approved

applications for financial assistance

-STATUTE-

(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) of this section as soon as an application

described in subsection (a)(1) of this section 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.

-SOURCE-

(Pub. L. 89-136, title VI, Sec. 607, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3615.)

-MISC1-

PRIOR PROVISIONS

A prior section 3217, Pub. L. 89-136, title VII, Sec. 707, Aug.

26, 1965, 79 Stat. 573; Pub. L. 94-273, Sec. 26, Apr. 21, 1976, 90

Stat. 380, required annual report to Congress on operations under

this chapter, prior to repeal by Pub. L. 105-393, Sec. 102(b)(3).

-End-

-CITE-

42 USC Sec. 3218 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER VI - MISCELLANEOUS

-HEAD-

Sec. 3218. Records and audits

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-136, title VI, Sec. 608, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3616.)

-MISC1-

PRIOR PROVISIONS

A prior section 3218, Pub. L. 89-136, title VII, Sec. 708, Aug.

26, 1965, 79 Stat. 573, authorized delegation of functions and

transfer of funds, prior to repeal by Pub. L. 105-393, Sec.

102(b)(3).

-End-

-CITE-

42 USC Sec. 3219 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER VI - MISCELLANEOUS

-HEAD-

Sec. 3219. Relationship to assistance under other law

-STATUTE-

(a) Previously authorized assistance

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.

(b) Assistance under other laws

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.

-SOURCE-

(Pub. L. 89-136, title VI, Sec. 609, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3616.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of the Economic Development Administration

Reform Act of 1998, referred to in subsec. (a), see section 105 of

Pub. L. 105-393, set out as an Effective Date note under section

3121 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 3219, Pub. L. 89-136, title VII, Sec. 709, Aug.

26, 1965, 79 Stat. 574; Pub. L. 97-35, title XVIII, Sec.

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. 105-393, Sec. 102(b)(3).

-End-

-CITE-

42 USC Sec. 3220 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER VI - MISCELLANEOUS

-HEAD-

Sec. 3220. Acceptance of certifications by applicants

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-136, title VI, Sec. 610, as added Pub. L. 105-393,

title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3616.)

-MISC1-

PRIOR PROVISIONS

Prior sections 3220 and 3221 were repealed by Pub. L. 105-393,

Sec. 102(b)(3).

Section 3220, Pub. L. 89-136, title VII, Sec. 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.

Section 3221, Pub. L. 89-136, title VII, Sec. 711, Aug. 26, 1965,

79 Stat. 574, related to employment of expediters and

administrative employees.

A prior section 3222, Pub. L. 89-136, title VII, Sec. 712, Aug.

26, 1965, 79 Stat. 575; Pub. L. 93-567, title III, Sec. 302, Dec.

31, 1974, 88 Stat. 1855, which related to labor standards and rate

of wages, was renumbered section 602 of Pub. L. 89-136 by Pub. L.

105-393 and transferred to section 3212 of this title.

Prior sections 3223 to 3226 were repealed by Pub. L. 105-393,

Sec. 102(b)(3).

Section 3223, Pub. L. 89-136, title VII, Sec. 713, Aug. 26, 1965,

79 Stat. 575, required maintenance of records of approved

applications and availability for public inspection.

Section 3224, Pub. L. 89-136, title VII, Sec. 714, Aug. 26, 1965,

79 Stat. 575, related to recordkeeping and audits.

Section 3225, Pub. L. 89-136, title VII, Sec. 715, Aug. 26, 1965,

79 Stat. 575, extended benefits to redevelopment areas under former

section 2504 of this title.

Section 3226, Pub. L. 89-136, title VII, Sec. 716, Aug. 26, 1965,

79 Stat. 576, prohibited statutory construction which could cause

diminution in other Federal assistance.

-End-

-CITE-

42 USC SUBCHAPTER VII - FUNDING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER VII - FUNDING

-HEAD-

SUBCHAPTER VII - FUNDING

-End-

-CITE-

42 USC Sec. 3231 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER VII - FUNDING

-HEAD-

Sec. 3231. General authorization of appropriations

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-136, title VII, Sec. 701, as added Pub. L. 105-393,

title I, Sec. 102(b)(3), Nov. 13, 1998, 112 Stat. 3617.)

-MISC1-

PRIOR PROVISIONS

A prior section 3231, Pub. L. 89-136, title VIII, Sec. 801, as

added Pub. L. 93-288, title V, Sec. 501, May 22, 1974, 88 Stat.

160; amended Pub. L. 100-707, title I, Sec. 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. 105-393,

Sec. 102(c).

A prior section 701 of Pub. L. 89-136 was classified to section

3211 of this title prior to repeal by Pub. L. 105-393, Sec.

102(b)(3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3232, 3233 of this title.

-End-

-CITE-

42 USC Sec. 3232 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER VII - FUNDING

-HEAD-

Sec. 3232. Authorization of appropriations for defense conversion

activities

-STATUTE-

(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) of this section 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.

-SOURCE-

(Pub. L. 89-136, title VII, Sec. 702, as added Pub. L. 105-393,

title I, Sec. 102(b)(3), Nov. 13, 1998, 112 Stat. 3617.)

-MISC1-

PRIOR PROVISIONS

A prior section 3232, Pub. L. 89-136, title VIII, Sec. 802, as

added Pub. L. 93-288, title V, Sec. 501, May 22, 1974, 88 Stat.

160; amended Pub. L. 100-707, title I, Sec. 109(r)(2), Nov. 23,

1988, 102 Stat. 4710, related to disaster recovery planning, prior

to repeal by Pub. L. 105-393, Sec. 102(c).

A prior section 702 of Pub. L. 89-136 was classified to section

3212 of this title prior to repeal by Pub. L. 105-393, Sec.

102(b)(3).

-End-

-CITE-

42 USC Sec. 3233 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SUBCHAPTER VII - FUNDING

-HEAD-

Sec. 3233. Authorization of appropriations for disaster economic

recovery activities

-STATUTE-

(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) of this section shall be up to

100 percent.

-SOURCE-

(Pub. L. 89-136, title VII, Sec. 703, as added Pub. L. 105-393,

title I, Sec. 102(b)(3), Nov. 13, 1998, 112 Stat. 3617.)

-MISC1-

PRIOR PROVISIONS

Prior sections 3233 to 3235 were repealed by Pub. L. 105-393,

Sec. 102(c).

Section 3233, Pub. L. 89-136, title VIII, Sec. 803, as added Pub.

L. 93-288, title V, Sec. 501, May 22, 1974, 88 Stat. 161,

authorized provision of funds for recovery investment plans.

A prior section 703 of Pub. L. 89-136 was classified to section

3213 of this title prior to repeal by Pub. L. 105-393, Sec.

102(b)(3).

Section 3234, Pub. L. 89-136, title VIII, Sec. 804, as added Pub.

L. 93-288, title V, Sec. 501, May 22, 1974, 88 Stat. 162,

authorized disaster area loan guarantees.

Section 3235, Pub. L. 89-136, title VIII, Sec. 805, as added Pub.

L. 93-288, title V, Sec. 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. 89-136, title VIII, Sec. 806, as

added Pub. L. 93-288, title V, Sec. 501, May 22, 1974, 88 Stat.

163, related to authorization of appropriations for subchapter,

prior to repeal by Pub. L. 97-35, title XVIII, Sec. 1821(a)(10),

Aug. 13, 1981, 95 Stat. 766.

Prior sections 3241 to 3246c were repealed by Pub. L. 105-393,

Sec. 102(c).

Section 3241, Pub. L. 89-136, title IX, Sec. 901, as added Pub.

L. 93-423, Sec. 12, Sept. 27, 1974, 88 Stat. 1164; amended Pub. L.

94-487, title I, Sec. 121(a), Oct. 12, 1976, 90 Stat. 2336, stated

purpose of former subchapter IX.

Section 3242, Pub. L. 89-136, title IX, Sec. 902, as added Pub.

L. 93-423, Sec. 12, Sept. 27, 1974, 88 Stat. 1164, defined

"eligible recipient".

Section 3243, Pub. L. 89-136, title IX, Sec. 903, as added Pub.

L. 93-423, Sec. 12, Sept. 27, 1974, 88 Stat. 1164; amended Pub. L.

94-487, title I, Sec. 121(b), (c), Oct. 12, 1976, 90 Stat. 2336,

authorized grants to eligible recipients.

Section 3244, Pub. L. 89-136, title IX, Sec. 904, as added Pub.

L. 93-423, Sec. 12, Sept. 27, 1974, 88 Stat. 1165; amended Pub. L.

96-470, title II, Sec. 201(c), Oct. 19, 1980, 94 Stat. 2241,

required annual reports by recipients and Secretary.

Section 3245, Pub. L. 89-136, title IX, Sec. 905, as added Pub.

L. 93-423, Sec. 12, Sept. 27, 1974, 88 Stat. 1166; amended Pub. L.

94-487, title I, Sec. 121(d), Oct. 12, 1976, 90 Stat. 2336; Pub. L.

96-506, Sec. 1(10), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 97-35,

title XVIII, Sec. 1821(a)(11), Aug. 13, 1981, 95 Stat. 766,

authorized appropriations.

Section 3246, Pub. L. 89-136, title X, Sec. 1001, as added Pub.

L. 93-567, title III, Sec. 301, Dec. 31, 1974, 88 Stat. 1853,

stated the purpose of former subchapter X.

Section 3246a, Pub. L. 89-136, title X, Sec. 1002, as added Pub.

L. 93-567, title III, Sec. 301, Dec. 31, 1974, 88 Stat. 1853;

amended Pub. L. 94-487, title I, Sec. 122, Oct. 12, 1976, 90 Stat.

2337, defined "eligible area".

Section 3246b, Pub. L. 89-136, title X, Sec. 1003, as added Pub.

L. 93-567, title III, Sec. 301, Dec. 31, 1974, 88 Stat. 1853;

amended Pub. L. 94-487, title I, Sec. 123, Oct. 12, 1976, 90 Stat.

2337, authorized a job opportunities program.

Section 3246c, Pub. L. 89-136, title X, Sec. 1004, as added Pub.

L. 93-567, title III, Sec. 301, Dec. 31, 1974, 88 Stat. 1854;

amended Pub. L. 94-487, title I, Sec. 124, Oct. 12, 1976, 90 Stat.

2337, related to program review.

A prior section 3246d, Pub. L. 89-136, title X, Sec. 1005, as

added Pub. L. 93-567, title III, Sec. 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. 94-487, title I, Sec. 125, Oct. 12,

1976, 90 Stat. 2338.

Prior sections 3246e to 3246h were repealed by Pub. L. 105-393,

Sec. 102(c).

Section 3246e, Pub. L. 89-136, title X, Sec. 1005, formerly Sec.

1006, as added Pub. L. 93-567, title III, Sec. 301, Dec. 31, 1974,

88 Stat. 1855; renumbered Sec. 1005 and amended Pub. L. 94-487,

title I, Secs. 125, 126, Oct. 12, 1976, 90 Stat. 2338, authorized

the prescription of rules, regulations, and procedures.

Section 3246f, Pub. L. 89-136, title X, Sec. 1006, formerly Sec.

1007, as added Pub. L. 93-567, title III, Sec. 301, Dec. 31, 1974,

88 Stat. 1855; renumbered Sec. 1006 and amended Pub. L. 94-487,

title I, Secs. 125, 127, Oct. 12, 1976, 90 Stat. 2338, authorized

appropriations.

Section 3246g, Pub. L. 89-136, title X, Sec. 1007, formerly Sec.

1008, as added Pub. L. 93-567, title III, Sec. 301, Dec. 31, 1976,

88 Stat. 1855; renumbered Sec. 1007 and amended Pub. L. 94-487,

title I, Secs. 125, 128, Oct. 12, 1976, 90 Stat. 2338; Pub. L.

96-506, Sec. 1(11), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 97-35,

title XVIII, Sec. 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. 89-136, title X, Sec. 1008, as added Pub.

L. 94-487, title I, Sec. 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.

-End-