CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT
Title 42 > CHAPTER 38
Sections (73)
§ 3121 Findings and declarations
(a) Findings Congress finds that— there continue to be areas of the United States experiencing chronic high unemployment, underemployment, outmigration, and low per capita incomes, as well as areas facing sudden and severe economic dislocations because of structural economic changes, changing trade patterns, certain Federal actions (including environmental requirements that result in the removal of economic activities from a locality), and natural disasters; economic growth in the States, cities, and rural areas of the United States is produced by expanding economic opportunities, expanding free enterprise through trade, developing and strengthening public infrastructure, and creating a climate for job creation and business development; the goal of Federal economic development programs is to raise the standard of living for all citizens and increase the wealth and overall rate of growth of the economy by encouraging communities to develop a more competitive and diversified economic base by— creating an environment that promotes economic activity by improving and expanding public infrastructure; promoting job creation through increased innovation, productivity, and entrepreneurship; and empowering local and regional communities experiencing chronic high unemployment and low per capita income to develop private sector business and attract increased private sector capital investment; while economic development is an inherently local process, the Federal Government should work in partnership with public and private State, regional, tribal, and local organizations to maximize the impact of existing resources and enable regions, communities, and citizens to participate more fully in the American dream and national prosperity; in order to avoid duplication of effort and achieve meaningful, long-lasting results, Federal, State, tribal, and local economic development activities should have a clear focus, improved coordination, a comprehensive approach, and simplified and consistent requirements; and Federal economic development efforts will be more effective if the efforts are coordinated with, and build upon, the trade, workforce investment, transportation, and technology programs of the United States.
(b) Declarations In order to promote a strong and growing economy throughout the United States, Congress declares that— assistance under this chapter should be made available to both rural- and urban-distressed communities; local communities should work in partnership with neighboring communities, the States, Indian tribes, and the Federal Government to increase the capacity of the local communities to develop and implement comprehensive economic development strategies to alleviate economic distress and enhance competitiveness in the global economy; whether suffering from long-term distress or a sudden dislocation, distressed communities should be encouraged to support entrepreneurship to take advantage of the development opportunities afforded by technological innovation and expanding newly opened global markets; and assistance under this chapter should be made available to promote the productive reuse of abandoned industrial facilities and the redevelopment of brownfields.
“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: To deliver the services of the Federal Government in the most cost-effective manner practicable by reducing administrative and overhead costs. 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). 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.— 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— 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; 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; 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; 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; one shall be the Executive President of the Alaska State AFL–CIO or an individual selected from nominations submitted by the Executive President; 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 one shall be the Federal Cochairperson, who shall be selected in accordance with the requirements of paragraph (2). 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. 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. The Federal Cochairperson appointed under this paragraph shall break any tie in the voting of the Commission. 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. In the event of a vacancy for any reason in the position of Federal Cochairperson, the Secretary may appoint an Interim Federal Cochairperson, who shall have all the authority of the Federal Cochairperson, to serve until such time as the vacancy in the position of Federal Cochairperson is filled in accordance with subsection (b)(2)). [sic] All other members shall be appointed for the life of the Commission. Except as provided in paragraph (2), any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
(“(d) Meetings.— 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. Not later than 2 weeks before calling a meeting under this subsection, the Federal Cochairperson shall— notify each member of the Commission of the time, date and location of that meeting; and 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.
(“(f) No Federal Employee Status.— No member of the Commission, other than the Federal Cochairperson, shall be considered to be a Federal employee for any purpose.
(“(g) Conflicts of Interest.— Except as provided in paragraphs (2) and (3), no member of the Commission (referred to in this subsection as a ‘member’) shall participate personally or substantially, through recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract claim, controversy, or other matter in which, to the knowledge of the member, 1 or more of the following has a direct financial interest: The member. The spouse, minor child, or partner of the member. An organization described in subparagraph (B), (C), (D), (E), or (F) of subsection (b)(1) for which the member is serving as an officer, director, trustee, partner, or employee. Any individual, person, or organization with which the member is negotiating or has any arrangement concerning prospective employment. Paragraph (1) shall not apply if the member— immediately advises the designated agency ethics official for the Commission of the nature and circumstances of the matter presenting a potential conflict of interest; makes full disclosure of the financial interest; and before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the designated agency ethics official for the Commission that the interest is not so substantial as to be likely to affect the integrity of the services that the Commission may expect from the member. The written determination shall specify the rationale and any evidence or support for the decision, identify steps, if any, that should be taken to mitigate any conflict of interest, and be available to the public. Once each calendar year, each member shall make full disclosure of financial interests, in a manner to be determined by the designated agency ethics official for the Commission. Once each calendar year, each member shall undergo disclosure of financial interests training, as prescribed by the designated agency ethics official for the Commission. A member of the Commission may continue to participate personally or substantially, through decision, approval, or disapproval on the focus of applications to be considered but not on individual applications where a conflict of interest exists. Any person that violates this subsection shall be fined not more than $10,000, imprisoned for not more than 2 years, or both.
“SEC. 304 DUTIES OF THE COMMISSION.
(“(a) Work Plan.— 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). In developing the work plan, the Commission shall— solicit project proposals from local governments and other entities and organizations; and provide for a comprehensive work plan for rural and infrastructure development and necessary job training in the area covered under the work plan. 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.— 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. In conducting a review under paragraph (1), the Secretary, acting through the Federal Cochairperson, shall— take into consideration the information, views, and comments received from interested parties through the public review and comment process specified in paragraph (1); and consult with appropriate Federal officials in Alaska including but not limited to Bureau of Indian Affairs, Economic Development Administration, and Rural Development Administration. Not later than 30 days after the end of the period specified in paragraph (1), the Secretary acting through the Federal Cochairperson, shall— approve, disapprove, or partially approve the work plan that is the subject of the review; and issue to the Commission a notice of the approval, disapproval, or partial approval that— specifies the reasons for disapproving any portion of the work plan; and if applicable, includes recommendations for revisions to the work plan to make the plan subject to 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 [probably means this 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.— Except as provided in paragraph (2), the Commission, on behalf of the United States, may accept[,] use, and dispose of gifts or donations of services, property, or money for purposes of carrying out this Act [probably means this title]. With respect to conditional gifts— the Commission, on behalf of the United States, may accept conditional gifts for purposes of carrying out this Act [probably means this title], if approved by the Federal Cochairperson; and the principal of and income from any such conditional gift shall be held, invested, reinvested, and used in accordance with the condition applicable to the gift; but no gift shall be accepted that is conditioned on any expenditure not to be funded from the gift or from the income generated by the gift unless the expenditure has been approved by Act of Congress.
(“(d) The Commission, acting through the Federal Cochairperson, is authorized to enter into contracts and cooperative agreements, award grants, enter into leases (including the lease of office space for any term), 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.
(“(e) Use of Funds Toward Non-Federal Share of Certain Projects.— Notwithstanding any other provision of law regarding payment of a non-Federal share in connection with a grant-in-aid program, the Commission may use amounts made available to the Commission for the payment of such a non-Federal share for programs undertaken to carry out the purposes of 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.— 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. 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.—
“SEC. 307 SPECIAL FUNCTIONS.
(“(a) 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— Federal law, including the Oil Pollution Act of 1990 ( 104 Stat. 484 ) [ 33 U.S.C. 2701 et seq.]; or State law.
(“(b) 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 interagency transfers 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.
(“(c) Solid Waste.— The Secretary of Agriculture is authorized to make direct lump sum payments, including interagency transfers, which shall remain available until expended to the Denali Commission to address deficiencies in solid waste disposal sites which threaten to contaminate rural drinking water supplies.
(“(d) Docks, Waterfront Transportation Development, and Related Infrastructure Projects.— The Secretary of Transportation is authorized to make direct lump sum payments to the Commission to construct docks, waterfront development projects, and related transportation infrastructure, provided the local community provides a ten percent non-Federal match in the form of any necessary land or planning and design funds. To carry out this section, there is authorized to be appropriated such sums as may be necessary.
“SEC. 308 EXEMPTION FROM CHAPTER 10 OF TITLE 5, UNITED STATES CODE.
“Chapter 10 of title 5, United States Code, shall not apply to the Commission.
“SEC. 309 DENALI ACCESS SYSTEM PROGRAM.
(“(a) Establishment of the Denali Access System Program.— Not later than 3 months after the date of enactment of the SAFETEA–LU [ Aug. 10, 2005 ], the Secretary of Transportation shall establish a program to pay the costs of planning, designing, engineering, and constructing road and other surface transportation infrastructure identified for the Denali access system program under this section.
(“(b) Denali Access System Program Advisory Committee.— Not later than 3 months after the date of enactment of the SAFETEA–LU [ Aug. 10, 2005 ], the Denali Commission shall establish a Denali Access System Program Advisory Committee (referred to in this section as the ‘advisory committee’). The advisory committee shall be composed of nine members to be appointed by the Governor of the State of Alaska as follows: The chairman of the Denali Commission. Four members who represent existing regional native corporations, native nonprofit entities, or tribal governments, including one member who is a civil engineer. Four members who represent rural Alaska regions or villages, including one member who is a civil engineer. Except for the chairman of the Commission who shall remain a member of the advisory committee, members shall be appointed to serve a term of 4 years. Except for the chairman of the Commission, of the eight initial members appointed to the advisory committee, two shall be appointed for a term of 1 year, two shall be appointed for a term of 2 years, two shall be appointed for a term of 3 years, and two shall be appointed for a term of 4 years. All subsequent appointments shall be for 4 years. The advisory committee shall be responsible for the following activities: Advising the Commission on the surface transportation needs of Alaska Native villages and rural communities, including projects for the construction of essential access routes within remote Alaska Native villages and rural communities and for the construction of roads and facilities necessary to connect isolated rural communities to a road system. Advising the Commission on considerations for coordinatedtransportation [sic] planning among the Alaska Native villages, Alaska rural villages, the State of Alaska, and other government entities. Establishing a list of transportation priorities for Alaska Native village and rural community transportation projects on an annual basis, including funding recommendations. Facilitate the Commission’s work on transportation projects involving more than one region. The provisions of chapter 10 of title 5, United States Code, shall not apply to the advisory committee.
(“(c) Allocation of Funds.— The Secretary of Transportation shall allocate funding authorized and made available for the Denali access system program to the Commission to carry out this section. In distributing funds for surface transportation projects funded under the program, the Commission shall consult the list of transportation priorities developed by the advisory committee.
(“(d) Preference to Alaska Materials and Products.— To construct a project under this section, the Commission shall encourage, to the maximum extent practicable, the use of employees and businesses that are residents of Alaska.
(“(e) Design Standards.— Each project carried out under this section shall use technology and design standards determined by the Commission to be appropriate given the location and the functionality of the project.
(“(f) Maintenance.— Funding for a construction project under this section may include an additional amount equal to not more than 10 percent of the total cost of construction, to be retained for future maintenance of the project. All such retained funds shall be dedicated for maintenance of the project and may not be used for other purposes.
(“(g) Lead Agency Designation.— For purposes of projects carried out under this section, the Commission shall be designated as the lead agency for purposes of accepting Federal funds and for purposes of carrying out this project.
(“(h) Non-Federal Share.— Notwithstanding any other provision of law, funds made available to carry out this section may be used to meet the non-Federal share of the cost of projects under title 23, United States Code.
(“(i) Surface Transportation Program Transferability.— In any fiscal year, up to 15 percent of the amounts made available to the State of Alaska for surface transportation by [former] section 133 of title 23 , United States Code, may be transferred to the Denali access system program. Paragraph (2) of section 133(d) [of title 23], United States Code, shall not apply to funds transferred under paragraph (1).
(“(j) Authorization of Appropriations.— There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $15,000,000 for each of fiscal years 2006 through 2009. Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of any project carried out using such funds shall be determined in accordance with section 120(b).
“Sec. 310
(a) The Federal Co-chairman of the Denali Commission shall appoint an Economic Development Committee to be chaired by the president of the Alaska Federation of Natives which shall include the Commissioner of Community and Economic Affairs for the State of Alaska, a representative from the Alaska Bankers Association, the chairman of the Alaska Permanent Fund, a representative from the Alaska State Chamber of Commerce, and a representative from each region. Of the regional representatives, at least two each shall be from Native regional corporations, Native non-profit corporations, tribes, and borough governments.
(“(b) The Economic Development Committee is authorized to consider and approve applications from Regional Advisory Committees for grants and loans to promote economic development and promote private sector investment to reduce poverty in economically distressed rural villages. The Economic Development Committee may make mini-grants to individual applicants and may issue loans under such terms and conditions as it determines.
(“(c) The State Co-chairman of the Denali Commission shall appoint a Regional Advisory Committee for each region which may include representatives from local, borough, and tribal governments, the Alaska Native non-profit corporation operating in the region, local Chambers of Commerce, and representatives of the private sector. Each Regional Advisory Committee shall develop a regional economic development plan for consideration by the Economic Development Committee.
(“(d) The Economic Development Committee, in consultation with the First Alaskans Institute, may develop rural development performance measures linking economic growth to poverty reduction to measure the success of its program which may include economic, educational, social, and cultural indicators. The performance measures will be tested in one region for 2 years and evaluated by the University of Alaska before being deployed statewide. Thereafter, performance in each region shall be evaluated using the performance measures, and the Economic Development Committee shall not fund projects which do not demonstrate success.
(“(e) Within the amounts made available annually to the Denali Commission for training, the Commission may make a grant to the First Alaskans Foundation upon submittal of an acceptable work plan to assist Alaska Natives and other rural residents in acquiring the skills and training necessary to participate fully in private sector business and economic and development opportunities through fellowships, scholarships, internships, public service programs, and other leadership initiatives.
(“(f) The Committee shall sponsor a statewide economic development summit in consultation with the World Bank to evaluate the best practices for economic development worldwide and how they can be incorporated into regional economic development plans.
(“(g) There is authorized to be appropriated such sums as may be necessary to the following agencies which shall be transferred to the Denali Commission as a direct lump sum payment to implement this section— Department of Commerce, Economic Development Administration, Department of Housing and Urban Development, Department of the Interior, Bureau of Indian Affairs, Department of Agriculture, Rural Development Administration, and Small Business Administration.
“SEC. 311 TRANSFER OF FUNDS FROM OTHER FEDERAL AGENCIES.
(“(a) In General.— Subject to subsection (c), for purposes of this Act [probably means this title], the Commission may accept transfers of funds from other Federal agencies.
(“(b) Transfers.— Any Federal agency authorized to carry out an activity that is within the authority of the Commission may transfer to the Commission any appropriated funds for the activity.
(“(c) Treatment.— Any funds transferred to the Commission under this subsection— shall remain available until expended; may, to the extent necessary to carry out this Act [probably means this title], be transferred to, and merged with, the amounts made available by appropriations Acts for the Commission by the Federal Cochairperson; and notwithstanding any other provision of law, shall— be treated as if directly appropriated to the Commission and subject to applicable provisions of this Act; and not be subject to any requirements that applied to the funds before the transfer, including a requirement in an appropriations Act or a requirement or regulation of the Federal agency from which the funds are transferred.
“SEC. 312 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 304, $35,000,000 for each of fiscal years 2025 through 2029.
(“(b) Availability.— Any sums appropriated under the authorization contained in this section shall remain available until expended.”
§ 3122 Definitions
In this chapter: The term “blue economy” means the sustainable use of marine, lake, or other aquatic resources in support of economic development objectives. The term “capacity building” includes all activities associated with early stage community-based project formation and conceptualization, prior to project predevelopment activity, including grants to local community organizations for planning participation, community outreach and engagement activities, research, and mentorship support to move projects from formation and conceptualization to project predevelopment. The term “comprehensive economic development strategy” means a comprehensive economic development strategy approved by the Secretary under section 3162 of this title . The term “Department” means the Department of Commerce. The term “economic development district” means any area in the United States that— is composed of areas described in section 3161(a) of this title and, to the extent determined appropriate by the Secretary, neighboring counties or communities; and has been designated by the Secretary as an economic development district under section 3171 of this title . 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). The term “eligible recipient” means— an economic development district; an Indian tribe; a State; a city or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; an institution of higher education or a consortium of institutions of higher education; a public or private nonprofit organization or association acting in cooperation with officials of a political subdivision of a State; an economic development organization; or a public-private partnership for public infrastructure. In the case of grants under section 3147 of this title , the term “eligible recipient” also includes private individuals and for-profit organizations. The term “Federal agency” means a department, agency, or instrumentality of the United States. The term “grant” includes a cooperative agreement (within the meaning of chapter 63 of title 31). 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. The term “outdoor recreation” means all recreational activities, and the economic drivers of those activities, that occur in nature-based environments outdoors. The term “project predevelopment” means a measure required to be completed before the initiation of a project, including— planning and community asset mapping; training; technical assistance and organizational development; feasibility and market studies; demonstration projects; and other predevelopment activities determined by the Secretary to be appropriate. The term “Regional Commission” means any of the following: The Appalachian Regional Commission established by section 14301(a) of title 40 . The Delta Regional Authority established by section 2009aa–1(a)(1) of title 7 . The Denali Commission established by section 303(a) of the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; Public Law 105–277 ). The Great Lakes Authority established by section 15301(a)(4) of title 40 . The Mid-Atlantic Regional Commission established by section 15301(a)(5) of title 40 . The Northern Border Regional Commission established by section 15301(a)(3) of title 40 . The Northern Great Plains Regional Authority established by section 2009bb–1(a)(1) of title 7 . The Southeast Crescent Regional Commission established by section 15301(a)(1) of title 40 . The Southern New England Regional Commission established by section 15301(a)(6) of title 40 . The Southwest Border Regional Commission established by section 15301(a)(2) of title 40 . The term “Secretary” means the Secretary of Commerce. 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. The term “travel and tourism” means any economic activity that primarily serves to encourage recreational or business travel in or to the United States, including activities relating to public or nonprofit entertainment venues in the United States. The term “United States” means all of the States. The term “university center” means an institution of higher education or a consortium of institutions of higher education established under section 3147(c)(1) of this title . ( Pub. L. 89–136, § 3 , as added Pub. L. 105–393, title I, § 102(a) , Nov. 13, 1998 , 112 Stat. 3599 ; amended Pub. L. 108–373, title I, § 102 , Oct. 27, 2004 , 118 Stat. 1758 ; Pub. L. 118–272, div. B, title II, § 2211(a) , Jan. 4, 2025 , 138 Stat. 3177 .)
§ 3123 Discrimination on basis of sex prohibited in federally assisted programs
No person in the United States shall, on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance under the Public Works and Economic Development Act of 1965 [ 42 U.S.C. 3121 et seq.]. ( Pub. L. 92–65, title I, § 112 , Aug. 5, 1971 , 85 Stat. 168 .)
§ 3131 Establishment of economic development partnerships
(a) In general In providing assistance under this subchapter, the Secretary shall cooperate with States and other entities to ensure that, consistent with national objectives, Federal programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies.
(b) Technical assistance The Secretary may provide such technical assistance to States, political subdivisions of States, sub-State regional organizations (including organizations that cross State boundaries), multi-State regional organizations, and nonprofit organizations as the Secretary determines is appropriate to— alleviate economic distress; 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 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 The Secretary may enter into a cooperation agreement with any 2 or more States, or an organization of any 2 or more States, in support of effective economic development. 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.
§ 3132 Cooperation of Federal agencies
In accordance with applicable laws and subject to the availability of appropriations, each Federal agency shall exercise its powers, duties and functions, and shall cooperate with the Secretary, in such manner as will assist the Secretary in carrying out this subchapter. ( Pub. L. 89–136, title I, § 102 , as added Pub. L. 105–393, title I, § 102(a) , Nov. 13, 1998 , 112 Stat. 3601 .)
§ 3133 Coordination
(a) In general The Secretary shall coordinate activities relating to the preparation and implementation of comprehensive economic development strategies under this chapter with Federal agencies carrying out other Federal programs, States, economic development districts, Indian tribes, and other appropriate planning and development organizations.
(b) Meetings To carry out subsection (a), or for any other purpose relating to economic development activities, the Secretary may convene meetings with Federal agencies, State and local governments, economic development districts, Indian tribes, and other appropriate planning and development organizations. In addition to meetings described in paragraph (1), not later than 1 year after January 4, 2025 , and not less frequently than every 2 years thereafter, the Secretary shall convene a meeting with the Regional Commissions in furtherance of subsection (a). The attendees for a meeting convened under this paragraph shall consist of— the Secretary, acting through the Assistant Secretary of Commerce for Economic Development, serving as Chair; the Federal Cochairpersons of the Regional Commissions, or their designees; and the State Cochairpersons of the Regional Commissions, or their designees. The purposes of a meeting convened under this paragraph shall include— to enhance coordination between the Economic Development Administration and the Regional Commissions in carrying out economic development programs; to reduce duplication of efforts by the Economic Development Administration and the Regional Commissions in carrying out economic development programs; to develop best practices and strategies for fostering regional economic development; and any other purposes as determined appropriate by the Secretary. Where applicable and pursuant to subparagraph (C), not later than 1 year after a meeting under this paragraph, the Secretary shall prepare and make publicly available a report detailing, at a minimum— the planned actions by the Economic Development Administration and the Regional Commissions to enhance coordination or reduce duplication of efforts and a timeline for implementing those actions; and any best practices and strategies developed.
§ 3141 Grants for public works and economic development
(a) In general On the application of an eligible recipient, the Secretary may make grants for— acquisition or development of land and improvements for use for a public works, public service, or development facility or for the improvement of waste management and recycling systems; and acquisition, design and engineering, construction, rehabilitation, alteration, expansion, increasing the resilience 1 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— the project for which the grant is applied for will, directly or indirectly— improve the opportunities, in the area where the project is or will be located, for the successful establishment, expansion, or retention, 2 of industrial or commercial plants or facilities; assist in the creation of additional long-term employment opportunities in the area; or primarily benefit the long-term unemployed and underemployed and members of low-income families; 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 the area for which the project is to be carried out has a comprehensive economic development strategy and the project is consistent with the strategy.
(c) Additional considerations In awarding grants under subsection (a) and subject to the criteria in subsection (b), the Secretary may also consider the extent to which a project would— lead to economic diversification in the area, or a part of the area, in which the project is or will be located; address and mitigate economic impacts from extreme weather events, including development of resilient infrastructure, products, and processes; benefit highly rural communities without adequate tax revenues to invest in long-term or costly infrastructure; increase access to high-speed broadband; support outdoor recreation to spur economic development, with a focus on rural communities; promote job creation or retention relative to the population of the impacted region with outsized significance; promote travel and tourism; or promote blue economy activities.
(d) Maximum assistance for each State Not more than 15 percent of the amounts made available to carry out this section may be expended in any 1 State.
§ 3142 Base closings and realignments
Notwithstanding any other provision of law, the Secretary may provide to an eligible recipient any assistance available under this subchapter for a project to be carried out on a military or Department of Energy installation that is closed or scheduled for closure or realignment without requiring that the eligible recipient have title to the property or a leasehold interest in the property for any specified term. ( Pub. L. 89–136, title II, § 202 , as added Pub. L. 105–393, title I, § 102(a) , Nov. 13, 1998 , 112 Stat. 3602 .)
§ 3143 Grants for planning and grants for administrative expenses
(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— analyzing local economies; defining economic development goals; determining project opportunities; and formulating and implementing an economic development program that includes systematic efforts to reduce unemployment and increase incomes.
(c) Use of planning assistance Planning assistance under this subchapter shall be used in conjunction with any other available Federal planning assistance to ensure adequate and effective planning and economical use of funds.
(d) Administrative expenses Administrative expenses that may be paid with a grant under this section include— expenses related to carrying out the planning process described in subsection (b); expenses related to project predevelopment; expenses related to updating economic development plans to align with other applicable State, regional, or local planning efforts; and expenses related to hiring professional staff to assist communities in— project predevelopment and implementing projects and priorities included in— a comprehensive economic development strategy; or an economic development planning grant; identifying and using other Federal, State, and Tribal economic development programs; leveraging private and philanthropic investment; preparing economic recovery plans in response to disasters; and carrying out economic development and predevelopment activities in accordance with professional economic development best practices.
(e) State plans Any State plan developed with assistance under this section shall be developed, to the maximum extent practicable, cooperatively by the State, political subdivisions of the State, and the economic development districts located wholly or partially in the State. 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. Before providing assistance for a State plan under this section, the Secretary shall consider the extent to which the State will consider local and economic development district plans. 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— promote economic development and opportunity; foster effective transportation access; enhance and protect the environment; assist in carrying out the workforce investment strategy of a State; promote the use of technology in economic development, including access to high-speed telecommunications (including broadband); address and mitigate economic impacts of extreme weather; and balance resources through the sound management of physical development. 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.
§ 3144 Cost sharing
(a) Federal share Except as provided in subsection (c), the Federal share of the cost of any project carried out under this subchapter shall not exceed— 60 percent; plus an additional percent that— shall not exceed 30 percent; and is based on the relative needs of the area in which the project will be located, as determined in accordance with regulations promulgated by the Secretary.
(b) Non-Federal share In determining the amount of the non-Federal share of the cost of a project, the Secretary may provide credit toward the non-Federal share for all contributions both in cash and in-kind, fairly evaluated, including contributions of space, equipment, assumptions of debt, and services. Notwithstanding any other provision of law, any funds contributed by a Regional Commission for a project under this subchapter may be considered to be part of the non-Federal share of the costs of the project.
(c) Increase in Federal share In the case of a grant to an Indian tribe for a project under this subchapter, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 100 percent of the cost of the project. In the case of a grant to a State, or a political subdivision of a State, that the Secretary determines has exhausted the effective taxing and borrowing capacity of the State or political subdivision or can otherwise document that no local matching funds are reasonably obtainable, or in the case of a grant to a nonprofit organization that the Secretary determines has exhausted the effective borrowing capacity of the nonprofit organization, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 100 percent of the cost of the project. In the case of a grant provided under section 3143 or 3147 of this title, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 100 percent of the cost of the project. In the case of a grant to a political subdivision of a State (as described in section 3122(6)(A)(iv) of this title ) that has a population of fewer than 10,000 residents and meets 1 or more of the eligibility criteria described in section 3161(a) of this title , the Secretary may increase the Federal share under paragraph (1) up to 100 percent of the total cost of the project.
§ 3145 Supplementary grants
(a) Definition of designated Federal grant program In this section, the term “designated Federal grant program” means any Federal grant program that— provides assistance in the construction or equipping of public works, public service, or development facilities; the Secretary designates as eligible for an allocation of funds under this section; and assists projects that are— eligible for assistance under this subchapter; and consistent with a comprehensive economic development strategy.
(b) Supplementary grants Subject to subsection (c), in order to assist eligible recipients in taking advantage of designated Federal grant programs, on the application of an eligible recipient, the Secretary may make a supplementary grant for a project for which the recipient is eligible but for which the recipient cannot provide the required non-Federal share because of the economic situation of the recipient.
(c) Requirements applicable to supplementary grants The share of the project cost supported by a supplementary grant under this section may not exceed the applicable Federal share under section 3144 of this title . The Secretary shall make supplementary grants 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; or the award of funds under this chapter, which will be combined with funds transferred from other Federal agencies in projects administered by the Secretary. 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.
§ 3146 Regulations on relative needs and allocations
In promulgating rules, regulations, and procedures for assistance under this subchapter, the Secretary shall ensure that— the relative needs of eligible areas are given adequate consideration by the Secretary, as determined based on, among other relevant factors— the severity of the rates of unemployment in the eligible areas and the duration of the unemployment; the per capita income levels, the labor force participation rate, and the extent of underemployment in eligible areas; and the outmigration of population from eligible areas and the extent to which the outmigration is causing economic injury in the eligible areas; 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; rural and urban economically distressed areas are not harmed by the establishment or implementation by the Secretary of a private sector leveraging goal for a project under this subchapter; any private sector leveraging goal established by the Secretary does not prohibit or discourage grant applicants under this subchapter from public works in, or economic development of, rural or urban economically distressed areas; and the relevant Committees of Congress are notified prior to making any changes to any private sector leveraging goal; and grants made under this subchapter promote job creation and retention and will have a high probability of meeting or exceeding applicable performance requirements established in connection with the grants. ( Pub. L. 89–136, title II, § 206 , as added Pub. L. 105–393, title I, § 102(a) , Nov. 13, 1998 , 112 Stat. 3604 ; amended Pub. L. 108–373, title II, § 204 , Oct. 27, 2004 , 118 Stat. 1761 ; Pub. L. 118–272, div. B, title II, § 2216 , Jan. 4, 2025 , 138 Stat. 3181 .)
§ 3147 Grants for training, research, and technical assistance
(a) In general 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. Grants under paragraph (1) may be used for— project planning, project predevelopment, and feasibility studies; demonstrations of innovative activities or strategic economic development investments; management and operational assistance; establishment of university centers; establishment of business outreach centers; studies evaluating the needs of, and development potential for, economic growth of areas that the Secretary determines have substantial need for the assistance; studies that evaluate the effectiveness of coordinating projects funded under this chapter with projects funded under other Acts; assessment, marketing, and establishment of business clusters; and other activities determined by the Secretary to be appropriate. In the case of a project assisted under this section that is national or regional in scope, the Secretary may waive the provision in section 3122(6)(A)(vi) of this title requiring a nonprofit organization or association to act in cooperation with officials of a political subdivision of a State.
(b) Methods of provision of assistance In providing research and technical assistance under this section, the Secretary, in addition to making grants under subsection (a), may— provide research and technical assistance through officers or employees of the Department; pay funds made available to carry out this section to Federal agencies; or employ private individuals, partnerships, businesses, corporations, or appropriate institutions under contracts entered into for that purpose.
(c) University centers In accordance with subsection (a)(2)(D), the Secretary may make grants to institutions of higher education to serve as university centers. The Secretary shall ensure that the network of university centers established under this subsection provides services in each State. To the maximum extent practicable, a university center established under this subsection shall— collaborate with other university centers; collaborate with economic development districts and other relevant Federal economic development technical assistance and service providers to provide expertise and technical assistance to develop, implement, and support comprehensive economic development strategies and other economic development planning at the local, regional, and State levels, with a focus on innovation, entrepreneurship, workforce development, and regional economic development; provide technical assistance, business development, and technology transfer services to businesses in the area served by the university center; establish partnerships with 1 or more commercialization intermediaries that are public or nonprofit technology transfer organizations eligible to receive a grant under section 1862s–9 of this title ; promote local and regional capacity building; and provide to communities and regions assistance relating to data collection and analysis and other research relating to economic conditions and vulnerabilities that can inform economic development and adjustment strategies. In making grants under this subsection, the Secretary shall consider— the significant role of regional public universities in supporting economic development in distressed communities through the planning and the implementation of economic development projects and initiatives; and the location of the university center in or near a distressed community.
§ 3148 Investment priorities
(a) In general Subject to subsection (b), for a project to be eligible for assistance under this subchapter, the project shall be consistent with 1 or more of the following investment priorities: Economic development planning or implementation projects that support development of public facilities, including basic public infrastructure, transportation infrastructure, or telecommunications infrastructure. Economic development planning or implementation projects that— support job skills training to meet the hiring needs of the area in which the project is to be carried out and that result in well-paying jobs; or otherwise promote labor force participation. Economic development planning or implementation projects that— support the development of innovation and entrepreneurship-related infrastructure; promote business development and lending; or foster the commercialization of new technologies that are creating technology-driven businesses and high-skilled, well-paying jobs of the future. Economic development planning or implementation projects that enhance the ability of an area to withstand and recover from adverse short-term or long-term changes in economic conditions, including effects from industry contractions or economic impacts from natural disasters. Economic development planning or implementation projects that encourage job creation, business expansion, technology and capital upgrades, and productivity growth in manufacturing, including efforts that contribute to the competitiveness and growth of domestic suppliers or the domestic production of innovative, high-value products and production technologies.
(b) Conditions If the Secretary plans to use an investment priority that is not described in subsection (a), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notification that explains the basis for using that investment priority.
(c) Savings clause Nothing in this section waives any other requirement of this chapter.
§ 3149 Grants for economic adjustment
(a) In general On the application of an eligible recipient, the Secretary may make grants for development of public facilities, public services, business 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— the project will help the area to meet a special need arising from— actual or threatened severe unemployment; or economic adjustment problems resulting from severe changes in economic conditions; and 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— 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; 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; international trade, for help in economic restructuring of the communities; 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 ; the loss of manufacturing, travel and tourism, natural resource-based, blue economy, or agricultural jobs, for reinvesting in and diversifying the economies of the communities; economic dislocation in the steel industry due to the closure of a steel plant, primary steel economy contraction events (including temporary layoffs and shifts to part-time work), or job losses in the steel industry or associated with the departure or contraction of the steel industry, for help in economic restructuring of the communities; or limited water for industrial consumption in areas impacted by decreased water supplies due to drought or extreme heat.
(d) Assistance to coal communities In this subsection: The term “coal economy” means the complete supply chain of coal-reliant industries, including— coal mining; coal-fired power plants; transportation or logistics; and manufacturing. The term “contraction event” means the closure of a facility or a reduction in activity relating to a coal-reliant industry, including an industry described in any of clauses (i) through (iv) of subparagraph (A). On the application of an eligible recipient, the Secretary may make grants for projects in areas adversely impacted by a contraction event in the coal economy. In carrying out this subsection, the Secretary shall determine the eligibility of an area based on whether the eligible recipient can reasonably demonstrate that the area— has been adversely impacted by a contraction event in the coal economy within the previous 25 years; or will be adversely impacted by a contraction event in the coal economy. No regulation or other policy of the Secretary may limit the eligibility of an eligible recipient for a grant under this subsection based on the date of a contraction event except as provided in subparagraph (A)(i). For the purposes of this paragraph, an eligible recipient may demonstrate an adverse impact by demonstrating— a loss in employment; a reduction in tax revenue; or any other factor, as determined to be appropriate by the Secretary.
(e) Assistance to nuclear host communities In this subsection: The term “Commission” means the Nuclear Regulatory Commission. The term “community advisory board” means a community committee or other advisory organization that— primarily focuses on the economic impacts of decommissioning activities; and aims to foster communication and information exchange between a licensee planning for and involved in decommissioning activities and members of the community that decommissioning activities may affect. The term “decommission” has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). The term “licensee” has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). The term “nuclear host community” means an eligible recipient that has been economically impacted, or reasonably demonstrates to the satisfaction of the Secretary that it will be economically impacted, by a nuclear power plant licensed by the Commission that— is not co-located with an operating nuclear power plant; is at a site with spent nuclear fuel; and as of January 4, 2025 — has ceased operations; or has provided a written notification to the Commission that it will cease operations. On the application of an eligible recipient, the Secretary may make grants— to assist with economic development in nuclear host communities; and to fund community advisory boards in nuclear host communities. In carrying out this subsection, to the maximum extent practicable, the Secretary shall implement the recommendations described in the report submitted to Congress under section 108 of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 ; 132 Stat. 5577 ) entitled “Best Practices for Establishment and Operation of Local Community Advisory Boards Associated with Decommissioning Activities at Nuclear Power Plants”. The Secretary shall establish a methodology to ensure, to the maximum extent practicable, geographic diversity among grant recipients under this subsection.
(f) Special provisions relating to revolving loan fund grants The Secretary shall promulgate regulations to maintain the proper operation and financial integrity of revolving loan funds established by recipients with assistance under this section. The Secretary may— at the request of a grantee, amend and consolidate grant agreements governing revolving loan funds to provide flexibility with respect to lending areas and borrower criteria; assign or transfer assets of a revolving loan fund to third party for the purpose of liquidation, and the third party may retain assets of the fund to defray costs related to liquidation; and take such actions as are appropriate to enable revolving loan fund operators to sell or securitize loans (except that the actions may not include issuance of a Federal guaranty by the Secretary). An action taken by the Secretary under this subsection with respect to a revolving loan fund shall not constitute a new obligation if all grant funds associated with the original grant award have been disbursed to the recipient. No securities issued pursuant to paragraph (2)(C) shall be treated as exempted securities for purposes of the Securities Act of 1933 ( 15 U.S.C. 77a et seq.) or the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq.), unless exempted by rule or regulation of the Securities and Exchange Commission. Except as provided in subparagraph (A), no provision of this subsection or any regulation promulgated by the Secretary under this subsection supersedes or otherwise affects the application of the securities laws (as the term is defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )) or the rules, regulations, or orders of the Securities and Exchange Commission or a self-regulatory organization under that Commission.
(g) Disaster mitigation In providing assistance pursuant to subsection (c)(2), if appropriate and as applicable, the Secretary may encourage hazard mitigation in assistance provided pursuant to such subsection.
§ 3150 Changed project circumstances
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— 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 the modifications are necessary to enhance economic development in the area for which the project is being carried out. ( Pub. L. 89–136, title II, § 210 , as added Pub. L. 105–393, title I, § 102(a) , Nov. 13, 1998 , 112 Stat. 3606 .)
§ 3151 Use of funds in projects constructed under projected cost
(a) In general In the case of a grant to a recipient for a construction project under section 3141 or 3149 of this title, if the Secretary determines, before closeout of the project, that the cost of the project, based on the designs and specifications that were the basis of the grant, has decreased because of decreases in costs, the Secretary may approve, without further appropriation, the use of the excess funds (or a portion of the excess funds) by the recipient— to increase the Federal share of the cost of a project under this title to the maximum percentage allowable under section 3144 of this title ; or to improve the project.
(b) Other uses of excess funds Any amount of excess funds remaining after application of subsection (a) may be used by the Secretary for providing assistance under this chapter.
(c) Transferred funds In the case of excess funds described in subsection (a) in projects using funds transferred from other Federal agencies pursuant to section 3214 of this title , the Secretary shall— use the funds in accordance with subsection (a), with the approval of the originating agency; or return the funds to the originating agency.
§ 3152 Reports by recipients
(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.
§ 3153 Prohibition on use of funds for attorney’s and consultant’s fees
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. ( Pub. L. 89–136, title II, § 213 , as added Pub. L. 105–393, title I, § 102(a) , Nov. 13, 1998 , 112 Stat. 3607 .)
§ 3154 Special impact areas
(a) In general On the application of an eligible recipient that is determined by the Secretary to be unable to comply with the requirements of section 3162 of this title , the Secretary may waive, in whole or in part, the requirements of section 3162 of this title and designate the area represented by the recipient as a special impact area.
(b) Conditions The Secretary may make a designation under subsection (a) only after determining that— the project will fulfill a pressing need of the area; and the project will— be useful in alleviating or preventing conditions of excessive unemployment or underemployment; or assist in providing useful employment opportunities for the unemployed or underemployed residents in the area.
(c) Notification At the time of the designation under subsection (a), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice of the designation, including a justification for the designation.
§ 3154a Performance awards
(a) In general The Secretary may make a performance award in connection with a grant made, on or after October 27, 2004 , to an eligible recipient for a project under section 3141 or 3149 of this title.
(b) Performance measures The Secretary shall promulgate regulations to establish performance measures for making performance awards under subsection (a). In promulgating regulations under paragraph (1), the Secretary shall consider the inclusion of performance measures that assess— whether the recipient meets or exceeds scheduling goals; whether the recipient meets or exceeds job creation goals; amounts of private sector capital investments leveraged; and such other factors as the Secretary determines to be appropriate.
(c) Amount of awards The Secretary shall base the amount of a performance award made under subsection (a) in connection with a grant on the extent to which a recipient meets or exceeds performance measures established in connection with the grant. The amount of a performance award may not exceed 10 percent of the amount of the grant.
(d) Use of awards A recipient of a performance award under subsection (a) may use the award for any eligible purpose under this chapter, in accordance with section 3212 of this title and such regulations as the Secretary may promulgate.
(e) Federal share Notwithstanding section 3144 of this title , the funds of a performance award may be used to pay up to 100 percent of the cost of an eligible project or activity.
(f) Treatment in meeting non-Federal share requirements For the purposes of meeting the non-Federal share requirements under this, or any other, Act the funds of a performance award shall be treated as funds from a non-Federal source.
(g) Terms and conditions In making performance awards under subsection (a), the Secretary shall establish such terms and conditions as the Secretary considers to be appropriate.
(h) Funding The Secretary shall use any amounts made available for economic development assistance programs to carry out this section.
(i) Reporting requirement The Secretary shall include information regarding performance awards made under this section in the annual report required under section 3213 of this title .
(j) Review by Comptroller General The Comptroller General shall regularly review the implementation of this section. Not later than 1 year after October 27, 2004 , the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the Comptroller on implementation of this subsection.
§ 3154b Planning performance awards
(a) In general The Secretary may make a planning performance award in connection with a grant made, on or after October 27, 2004 , to an eligible recipient for a project under this subchapter located in an economic development district.
(b) Eligibility The Secretary may make a planning performance award to an eligible recipient under subsection (a) in connection with a grant for a project if the Secretary determines before closeout of the project that— the recipient actively participated in the economic development activities of the economic development district in which the project is located; the project is consistent with the comprehensive economic development strategy of the district; the recipient worked with Federal, State, and local economic development entities throughout the development of the project; and the project was completed in accordance with the comprehensive economic development strategy of the district.
(c) Maximum amount The amount of a planning performance award made under subsection (a) in connection with a grant may not exceed 5 percent of the amount of the grant.
(d) Use of awards A recipient of a planning performance award under subsection (a) shall use the award to increase the Federal share of the cost of a project under this subchapter.
(e) Federal share Notwithstanding section 3144 of this title , the funds of a planning performance award may be used to pay up to 100 percent of the cost of a project under this subchapter.
(f) Funding The Secretary shall use any amounts made available for economic development assistance programs to carry out this section.
§ 3154c Direct expenditure or redistribution by recipient
(a) In general Subject to subsection (b), a recipient of a grant under section 3141, 3143, or 3147 of this title may directly expend the grant funds or may redistribute the funds in the form of a subgrant to other eligible recipients to fund required components of the scope of work approved for the project.
(b) Limitation A recipient may not redistribute grant funds received under section 3141 or 3143 of this title to a for-profit entity.
(c) Economic adjustment Subject to subsection (d), a recipient of a grant under section 3149 of this title may directly expend the grant funds or may redistribute the funds to public and private entities in the form of a grant, loan, loan guarantee, payment to reduce interest on a loan guarantee, or other appropriate assistance.
(d) Limitation Under subsection (c), a recipient may not provide any grant to a private for-profit entity.
§ 3154d Renewable energy program
(a) Definition of renewable energy site In this section, the term “renewable energy site” means a brownfield site that is redeveloped through the incorporation of 1 or more renewable energy technologies, including solar, wind, geothermal, ocean, and emerging, but proven, renewable energy technologies.
(b) Establishment On the application of an eligible recipient, the Secretary may make a grant for a project for the development of a renewable energy site if the Secretary determines that the project will— use 1 or more renewable energy technologies described in subsection (a), to develop abandoned or contaminated sites for commercial use; and improve the commercial and economic opportunities in the area in which the project is located.
(c) Savings clause To the extent that any portion of a grant awarded under subsection (b) involves remediation, the remediation shall be subject to section 3222 of this title .
§ 3154e Workforce training grants
(a) In general On the application of an eligible recipient, the Secretary may make grants to support the development and expansion of innovative workforce training programs through sectoral partnerships leading to quality jobs and the acquisition of equipment or construction of facilities to support workforce development activities.
(b) Eligible uses Funds from a grant under this section may be used for— acquisition or development of land and improvements to house workforce training activities; acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such a facility, including related equipment and machinery; acquisition of machinery or equipment to support workforce training activities; planning, technical assistance, and training; sector partnerships development, program design, and program implementation; and in the case of an eligible recipient that is a State, subject to subsection (c), a State program to support individual trainees for employment in critical industries with high demand and vacancies necessary for further economic development of the applicable State that— requires significant post-secondary training; but does not require a post-secondary degree.
(c) State grant pilot program The Secretary may award grants to States for the purpose described in subsection (b)(6). To be eligible to receive a grant under this subsection, the Chief Executive of a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which shall include, at a minimum, the following: A method for identifying critical industry sectors driving in-State economic growth that face staffing challenges for in-demand jobs and careers. A governance structure for the implementation of the program established by the State, including defined roles for the consortia of agencies of such State, at a minimum, to include the State departments of economic development, labor, and education, or the State departments or agencies with jurisdiction over those matters. A strategy for recruiting participants from at least 1 community that meets 1 or more of the criteria described in section 3161(a) of this title . A plan for how the State will develop a tracking system for eligible programs, participant enrollment, participant outcomes, and an application portal for individual participants. The Secretary shall award not more than 1 grant under this subsection to any State. A grant under this subsection may be used for— necessary costs to carry out the matters described in this subsection, including tuition and stipends for individuals that receive funds under the program established by the applicable State, subject to the requirements described in paragraph (6); and program implementation, planning, technical assistance, or training. Notwithstanding section 3144 of this title , the Federal share of the cost of any award carried out with a grant made under this subsection shall not exceed 70 percent. A State shall ensure that grant funds provided under this subsection to each individual that receives funds under the program established by the applicable State is the lesser of the following amounts: In a case in which the individual is also eligible for a Federal Pell Grant under section 1070a of title 20 for enrollment at the applicable training program for any award year of the training program, 11,000; and the total cost of the training program in which the individual is enrolled, including tuition, fees, career navigation services, textbook costs, expenses related to assessments and exams for certification or licensure, equipment costs, and wage stipends (in the case of a training program that is an earn-and-learn program). The authority provided under this subsection shall expire on September 30, 2029 .
(d) Coordination The Secretary shall coordinate the development of new workforce development models with the Secretary of Labor and the Secretary of Education.
§ 3154f Congressional notification requirements
(a) In general In the case of a project described in subsection (b), the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives notice, in accordance with subsection (c), of the award of a grant for the project not less than 3 business days before notifying an eligible recipient of their selection for that award.
(b) Projects described A project referred to in subsection (a) is a project that the Secretary has selected to receive a grant administered by the Economic Development Administration in an amount not less than $100,000.
(c) Requirements A notification under subsection (a) shall include— the name of the project; the name of the applicant; the region in which the project is to be carried out; the State in which the project is to be carried out; the 1 or more counties or political subdivisions in which the project is to be carried out; the number of jobs expected to be created or retained as a result of the project; the estimated date of completion of the project; the amount of the grant awarded; a description of the project; and any additional information, as determined to be appropriate by the Secretary.
(d) Public availability The Secretary shall make a notification under subsection (a) publicly available not later than 60 days after the date on which the Secretary provides the notice.
§ 3154g High-speed broadband deployment initiative
(a) Definitions In this section: The term “broadband project” means, for the purposes of providing, extending, expanding, or improving high-speed broadband service to further the goals of this chapter— planning, technical assistance, or training; the acquisition or development of land; or the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of facilities, including related machinery, equipment, contractual rights, and intangible property. The term “eligible recipient” means an eligible recipient. The term “eligible recipient” includes— a public-private partnership; and a consortium formed for the purpose of providing, extending, expanding, or improving high-speed broadband service between 1 or more eligible recipients and 1 or more for-profit organizations. The term “high-speed broadband” means the provision of 2-way data transmission with sufficient downstream and upstream speeds to end users to permit effective participation in the economy and to support economic growth, as determined by the Secretary.
(b) Broadband projects On the application of an eligible recipient, the Secretary may make grants under this subchapter for broadband projects, which shall be subject to the provisions of this section. In reviewing applications submitted under paragraph (1), the Secretary shall take into consideration geographic diversity of grants provided, including consideration of underserved markets, in addition to data requested in paragraph (3). In reviewing an application submitted under paragraph (1), the Secretary shall request from the Federal Communications Commission, the Administrator of the National Telecommunications and Information Administration, the Secretary of Agriculture, and the Appalachian Regional Commission data on— the level and extent of broadband service that exists in the area proposed to be served; and the level and extent of broadband service that will be deployed in the area proposed to be served pursuant to another Federal program. For any broadband project carried out by an eligible recipient that is a public-private partnership or consortium, the Secretary shall require that title to any real or personal property acquired or improved with grant funds, or if the recipient will not acquire title, another possessory interest acceptable to the Secretary, be vested in a public partner or eligible nonprofit organization or association for the useful life of the project, after which title may be transferred to any member of the public-private partnership or consortium in accordance with regulations promulgated by the Secretary. Notwithstanding any other provision of law, no person or entity shall be disqualified from competing to provide goods or services related to a broadband project on the basis that the person or entity participated in the development of the broadband project or in the drafting of specifications, requirements, statements of work, or similar documents related to the goods or services to be provided. The Secretary may permit a recipient of a grant for a broadband project to grant an option to acquire real or personal property (including contractual rights and intangible property) related to that project to a third party on such terms as the Secretary determines to be appropriate, subject to the condition that the option may only be exercised after the Secretary releases the Federal interest in the property. The grant or exercise of an option described in subparagraph (A) shall not constitute a redistribution of grant funds under section 3154c of this title .
(c) Non-Federal share In determining the amount of the non-Federal share of the cost of a broadband project, the Secretary may provide credit toward the non-Federal share for the present value of allowable contributions over the useful life of the broadband project, subject to the condition that the Secretary may require such assurances of the value of the rights and of the commitment of the rights as the Secretary determines to be appropriate.
§ 3154h Critical Supply Chain Site Development grant program
(a) In general On the application of an eligible recipient, the Secretary may make grants under the “Critical Supply Chain Site Development grant program” (referred to in this section as the “grant program”) to carry out site development or expansion projects for the purpose of making the site ready for manufacturing projects.
(b) Considerations In providing a grant to an eligible recipient under the grant program, the Secretary may consider whether— the proposed improvements to the site will improve economic conditions for rural areas, Tribal communities, or areas that meet 1 or more of the criteria described in section 3161(a) of this title ; the project is consistent with regional economic development plans, which may include a comprehensive economic development strategy; the eligible recipient has initiatives to prioritize job training and workforce development; and the project supports industries determined by the Secretary to be of strategic importance to the national or economic security of the United States.
(c) Priority In awarding grants to eligible recipients under the grant program, the Secretary shall give priority to eligible recipients that propose to carry out a project that— has State, local, private, or nonprofit funds being contributed to assist with site development efforts; and if the site development or expansion project is carried out, will result in a demonstrated interest in the site by commercial entities or other entities.
(d) Use of funds A grant provided under the grant program may be used for the following activities relating to the development or expansion of a site: Investments in site utility readiness, including— construction of on-site utility infrastructure; construction of last-mile infrastructure, including road infrastructure, water infrastructure, power infrastructure, broadband infrastructure, and other physical last-mile infrastructure; site grading; and other activities to extend public utilities or services to a site, as determined appropriate by the Secretary. Investments in site readiness, including— land assembly; environmental reviews; zoning; design; engineering; and permitting. Investments in workforce development and sustainability programs, including job training and retraining programs. Investments to ensure that disadvantaged communities have access to on-site jobs.
(e) Prohibition Subject to paragraph (2), in awarding grants under the grant program, the Secretary shall not require an eligible recipient to demonstrate that a private company or investment has selected the site for development or expansion. In awarding grants under the grant program, the Secretary shall include necessary safeguards to ensure that— the site development is fully completed within a reasonable timeframe; and the eligible recipient has sufficiently demonstrated private sector interest.
§ 3161 Eligibility of areas
(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: The area has a per capita income of 80 percent or less of the 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. The area is an area that the Secretary determines has experienced or is about to experience a special need arising from actual or threatened severe unemployment, underemployment, or economic adjustment problems resulting from severe short-term or long-term changes in economic conditions. The area has a median household income of 80 percent or less of the national average. The area has— a labor force participation rate of 90 percent or less of the national average; or a prime-age employment gap of 5 percent or more. The area is an area that is expected to experience actual or threatened severe unemployment or economic adjustment problems resulting from severe short-term or long-term changes in economic conditions from energy industries that are experiencing accelerated contraction.
(b) Political boundaries of areas An area that meets 1 or more of the criteria of subsection (a), including a small area of poverty or high unemployment within a larger community in less economic distress, shall be eligible for assistance under section 3141 or 3149 of this title without regard to political or other subdivisions or boundaries.
(c) Documentation A determination of eligibility under subsection (a) shall be supported by the most recent Federal data available (including data available from the Bureau of Economic Analysis, the Bureau of Labor Statistics, the Census Bureau, the Bureau of Indian Affairs, or any other Federal source determined by the Secretary to be appropriate), or, if no recent Federal data is available, by the most recent data available through the government of the State in which the area is located. The documentation shall be accepted by the Secretary unless the Secretary determines that the documentation is inaccurate.
(d) Prior designations Any designation of a redevelopment area made before the effective date of the Economic Development Administration Reform Act of 1998 shall not be effective after that effective date.
(e) Transparency To the extent the Secretary includes neighboring counties and communities in an economic development district in accordance with subsection (a)(3), the Secretary shall submit to Congress, and make publicly available online, a notification describing the justification for such inclusion and detailing the economic indicators of such neighboring counties and communities.
§ 3162 Comprehensive economic development strategies
(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— an identification of the economic development problems to be addressed using the assistance; 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 a comprehensive economic development strategy for addressing the economic problems identified under paragraph (1) in a manner that promotes economic development and opportunity, fosters effective transportation access, maximizes effective development and use of the workforce consistent with any applicable State or local workforce investment strategy, promotes the use of technology in economic development (including access to high-speed telecommunications), enhances and protects the environment, including to mitigate and adapt to the economic impacts of extreme weather, and balances resources through sound management of development; and a description of how the strategy will solve the problems.
(b) Approval of comprehensive economic development strategy The Secretary shall approve a comprehensive economic development strategy that meets the requirements of subsection (a) to the satisfaction of the Secretary.
(c) Approval of other plan The Secretary may accept as a comprehensive economic development strategy a satisfactory plan developed under another federally supported program. To the maximum extent practicable, a plan submitted under this paragraph shall be consistent and coordinated with any existing comprehensive economic development strategy for the area.
(d) Exception This section shall not apply to grants awarded under section 3147 of this title or grants awarded under section 3149(c)(2) of this title for areas to which more than one comprehensive economic development strategy may apply.
§ 3171 Designation of economic development districts
(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— 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 ; the proposed district contains at least 1 area described in section 3161(a) of this title ; and the proposed district has a comprehensive economic development strategy that— contains a specific program for intra-district cooperation, self-help, and public investment; and is approved by each affected State and by the Secretary.
(b) Authorities The Secretary may, under regulations promulgated by the Secretary— invite the States to determine boundaries for proposed economic development districts; cooperate with the States— in sponsoring and assisting district economic planning and economic development groups; and in assisting the district groups in formulating comprehensive economic development strategies for districts; and encourage participation by appropriate local government entities in the economic development districts.
§ 3172 Termination or modification of economic development districts
The Secretary shall, by regulation, promulgate standards for the termination or modification of the designation of economic development districts. ( Pub. L. 89–136, title IV, § 402 , as added Pub. L. 105–393, title I, § 102(a) , Nov. 13, 1998 , 112 Stat. 3609 .)
§ 3173 Repealed. Pub. L. 108–373, title IV, § 401(a), Oct. 27, 2004, 118 Stat. 1767
§ 3174 Provision of comprehensive economic development strategies to Regional Commissions
If any part of an economic development district is in a region covered by 1 or more of the Regional Commissions, the economic development district shall ensure that a copy of the comprehensive economic development strategy of the district is provided to the affected Regional Commission. ( Pub. L. 89–136, title IV, § 404 , as added Pub. L. 105–393, title I, § 102(a) , Nov. 13, 1998 , 112 Stat. 3609 ; amended Pub. L. 108–373, title IV, § 402(a) , Oct. 27, 2004 , 118 Stat. 1768 .)
§ 3175 Assistance to parts of economic development districts not in eligible areas
Notwithstanding section 3161 of this title , the Secretary may provide such assistance as is available under this chapter for a project in a part of an economic development district that is not in an area described in section 3161(a) of this title , if the project will be of a substantial direct benefit to an area described in section 3161(a) of this title that is located in the district. ( Pub. L. 89–136, title IV, § 405 , as added Pub. L. 105–393, title I, § 102(a) , Nov. 13, 1998 , 112 Stat. 3609 .)
§ 3191 Assistant Secretary for Economic Development
(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.
§ 3192 Economic development information clearinghouse
In carrying out this chapter, the Secretary shall— maintain a central information clearinghouse on the Internet with— information on economic development, economic adjustment, disaster recovery, defense conversion, and trade adjustment programs and activities of the Federal Government; links to State economic development organizations; and links to other appropriate economic development resources; assist potential and actual applicants for economic development, economic adjustment, disaster recovery, defense conversion, and trade adjustment assistance under Federal and State laws in locating and applying for the assistance; assist areas described in section 3161(a) of this title and other areas by providing to interested persons, communities, industries, and businesses in the areas any technical information, market research, or other forms of assistance, information, or advice that would be useful in alleviating or preventing conditions of excessive unemployment or underemployment in the areas; and obtain appropriate information from other Federal agencies needed to carry out the duties under this chapter. ( Pub. L. 89–136, title V, § 502 , as added Pub. L. 105–393, title I, § 102(a) , Nov. 13, 1998 , 112 Stat. 3610 ; amended Pub. L. 108–373, title V, § 501 , Oct. 27, 2004 , 118 Stat. 1768 .)
§ 3193 Consultation with other persons and agencies
(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.
§ 3194 Administration, operation, and maintenance
The Secretary shall approve Federal assistance under this chapter only if the Secretary is satisfied that the project for which Federal assistance is granted will be properly and efficiently administered, operated, and maintained. ( Pub. L. 89–136, title V, § 504 , as added Pub. L. 105–393, title I, § 102(a) , Nov. 13, 1998 , 112 Stat. 3610 .)
§ 3195 Repealed. Pub. L. 108–373, title V, § 502(a), Oct. 27, 2004, 118 Stat. 1768
§ 3196 Performance evaluations of grant recipients
(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) shall be to determine which university centers are performing well and are worthy of continued grant assistance under this chapter, and which should not receive continued assistance, so that university centers that have not previously received assistance may receive assistance.
(c) Timing of evaluations Evaluations under subsection (a) shall be conducted on a continuing basis so that each grantee is evaluated within 3 years after the first award of assistance to the grantee, and at least once every 3 years thereafter, so long as the grantee receives the assistance.
(d) Evaluation criteria The Secretary shall establish criteria for use in conducting evaluations under subsection (a). 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, program performance, and disseminating results of the activities of the center. The criteria for evaluation of an economic development district shall, at a minimum, provide for an assessment of management standards, financial accountability, and program performance.
(e) Peer review In conducting an evaluation of a university center or economic development district under subsection (a), the Secretary shall provide for the participation of at least 1 other university center or economic development district, as appropriate, on a cost-reimbursement basis.
§ 3197 Notification of reorganization
Not later than 30 days before the date of any reorganization of the offices, programs, or activities of the Economic Development Administration, the Secretary shall provide notification of the reorganization to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives. ( Pub. L. 89–136, title V, § 507 , as added Pub. L. 105–393, title I, § 102(a) , Nov. 13, 1998 , 112 Stat. 3611 .)
§ 3198 Office of Tribal Economic Development
(a) Establishment There is established within the Economic Development Administration an Office of Tribal Economic Development (referred to in this section as the “Office”).
(b) Purposes The purposes of the Office shall be— to coordinate all Tribal economic development activities carried out by the Secretary; to help Tribal communities access economic development assistance programs, including the assistance provided under this chapter; to coordinate Tribal economic development strategies and efforts with other Federal agencies; and to be a participant in any negotiated rulemakings or consultations relating to, or having an impact on, projects, programs, or funding that benefit Tribal communities.
(c) Tribal economic development strategy Not later than 1 year after January 4, 2025 , the Office shall initiate a Tribal consultation process to develop, and not less frequently than every 3 years thereafter, update, a strategic plan for Tribal economic development for the Economic Development Administration. Not later than 1 year after January 4, 2025 , and not less frequently than every 3 years thereafter, the Office shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate the strategic plan for Tribal economic development developed under paragraph (1).
(d) Outreach The Secretary shall establish a publicly facing website to help provide a comprehensive, single source of information for Indian tribes, Tribal leaders, Tribal businesses, and citizens in Tribal communities to better understand and access programs that support economic development in Tribal communities, including the economic development programs administered by Federal agencies or departments other than the Department.
(e) Dedicated staff The Secretary shall ensure that the Office has sufficient staff to carry out all outreach activities under this section.
§ 3199 Office of Disaster Recovery and Resilience
(a) Establishment The Secretary shall establish an Office of Disaster Recovery and Resilience— to direct and implement the post-disaster economic recovery responsibilities of the Economic Development Administration pursuant to subsections (c)(2) and (e) of section 3149 of this title and section 3233 of this title ; to direct and implement economic recovery and enhanced resilience support function activities as directed under the National Disaster Recovery Framework; and support long-term economic recovery in communities in which a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.), or otherwise impacted by an event of national significance, as determined by the Secretary, through— convening and deploying an economic development assessment team; hosting or attending convenings related to identification of additional Federal, State, local, and philanthropic entities and resources; exploring potential flexibilities related to existing awards; provision of technical assistance through staff or contractual resources; and other activities determined by the Secretary to be appropriate.
(b) Appointment authorities The Secretary is authorized to appoint such temporary personnel as may be necessary to carry out the responsibilities of the Office of Disaster Recovery and Resilience, without regard to the provisions of subchapter I of chapter 33 of title 5 governing appointments in the competitive service. Notwithstanding chapter 33 of title 5, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, a temporary employee appointed under this subsection may be selected by the Secretary for a permanent appointment in the competitive service in the Economic Development Administration under internal competitive promotion procedures if— the employee has served continuously for at least 2 years under 1 or more appointments under this subsection; and the employee’s performance has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (A). An individual converted under this subsection shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure. For any fiscal year during which the Secretary exercises the authority under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the use of that authority including, at a minimum— the number of employees hired under the authority during the fiscal year; the positions and grades for which employees were hired; the number of employees converted to career-conditional; a description of how the Secretary assessed employee performance to determine the eligibility of the employee for conversion under paragraph (2)(B); the number of employees who were hired under that authority as temporary employees who have met the continuous service requirements described in subparagraph (A) of paragraph (2) but not the performance requirements described in subparagraph (B) of that paragraph; and the number of employees who were hired under that authority who have separated from the Economic Development Administration. Nothing in this subsection waives any requirement relating to qualifications of applicants for positions in the Office of Disaster Recovery and Resilience under this subsection. The authority provided by this subsection shall expire on September 30, 2029 .
(c) Disaster team As soon as practicable after January 4, 2025 , the Secretary shall establish a disaster team (referred to in this section as the “disaster team”) for the deployment of individuals to carry out responsibilities of the Office of Disaster Recovery and Resilience after a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.) and the Department has been activated by the Federal Emergency Management Agency. As soon as practicable after January 4, 2025 , the Secretary shall designate to serve on the disaster team— employees of the Office of Disaster Recovery and Resilience; employees of the Department who are not employees of the Economic Development Administration; and in consultation with the heads of other Federal agencies, employees of those agencies, as appropriate. In designating individuals under subparagraph (A), the Secretary shall ensure that the disaster team includes a sufficient quantity of— individuals who are capable of deploying rapidly and efficiently to respond to major disasters and emergencies; and highly trained full-time employees who will lead and manage the disaster team. The Secretary shall ensure that appropriate and ongoing training is provided to members of the disaster team to ensure that the members are adequately trained regarding the programs and policies of the Economic Development Administration relating to post-disaster economic recovery efforts. In carrying out this section, the Secretary may— use, with or without reimbursement, any service, equipment, personnel, or facility of any Federal agency with the explicit support of that agency, to the extent such use does not impair or conflict with the authority of the President or the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.) to direct Federal agencies in any major disaster or emergency declared under that Act; and provide members of the disaster team with travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of services for, or relating to, the disaster team.
(d) Annual reports Not later than July 1, 2026 , and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— a summary of the activities of the Office of Disaster Recovery and Resilience and any disaster teams established pursuant to subsection (c); the number and details of the disasters in which the Office of Disaster Recovery and Resilience and permanent and temporary personnel, including disaster teams, were involved and deployed; the locations and length of any deployments; the number of personnel deployed, broken down by category, including permanent and temporary personnel; and a breakdown of expenses, with or without reimbursement.
§ 3200 Technical Assistance Liaisons
(a) In general A Regional Director of a regional office of the Economic Development Administration may designate a staff member to act as a “Technical Assistance Liaison” for any State served by the regional office.
(b) Role A Technical Assistance Liaison shall— work in coordination with an Economic Development Representative to provide technical assistance, in addition to technical assistance under section 3147 of this title , to eligible recipients that are underresourced communities, as determined by the Technical Assistance Liaison, that submit applications for assistance under subchapter II; and at the request of an eligible recipient that submitted an application for assistance under subchapter II, provide technical feedback on unsuccessful grant applications.
(c) Technical assistance The Secretary may enter into a contract or cooperative agreement with an eligible recipient for the purpose of providing technical assistance to eligible recipients that are underresourced communities that have submitted or may submit an application for assistance under this chapter.
§ 3211 Powers of Secretary
(a) In general In carrying out the duties of the Secretary under this chapter, the Secretary may— adopt, alter, and use a seal, which shall be judicially noticed; 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; hold such hearings, sit and act at such times and places, and take such testimony, as the Secretary determines to be appropriate; 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); under regulations promulgated by the Secretary— 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 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; 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; 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; 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; 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; employ experts and consultants or organizations as authorized by section 3109 of title 5 except that contracts for such employment may be renewed annually; compensate individuals so employed, including compensation for travel time; and 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; 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— officers or employees of the Department; the employment of persons under contracts entered into for such purposes; or grants to persons, using funds made available to carry out this chapter; 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 ; 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 establish such rules, regulations, and procedures as the Secretary considers appropriate for carrying out this chapter.
(b) Deficiency judgments The authority under subsection (a)(7) to pursue claims shall include the authority to obtain deficiency judgments or otherwise pursue claims relating to mortgages assigned to the Secretary.
(c) Inapplicability of certain other requirements Section 6101 of title 41 shall not apply to any contract of hazard insurance or to any purchase or contract for services or supplies on account of property obtained by the Secretary as a result of assistance provided under this chapter if the premium for the insurance or the amount of the services or supplies does not exceed $1,000.
(d) Property interests 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— this chapter; title I of the Public Works Employment Act of 1976 ( 42 U.S.C. 6701 et seq.); title II of the Trade Act of 1974 ( 19 U.S.C. 2251 et seq.); and the Community Emergency Drought Relief Act of 1977 ( 42 U.S.C. 5184 note; Public Law 95–31 ). Except as provided in subparagraph (B), the Secretary may release, in whole or in part, any real property interest, or tangible personal property interest, in connection with a grant after the date that is 20 years after the date on which the grant was awarded. On written request from a recipient of a grant under section 3149(d) 1 of this title, the Secretary shall release, in accordance with this subparagraph, any Federal interest in connection with the grant, if— the request is made not less than 7 years after the final disbursement of the original grant; the recipient has complied with the terms and conditions of the grant to the satisfaction of the Secretary; any proceeds realized from the grant will be used for 1 or more activities that continue to carry out the economic development purposes of this chapter; and the recipient includes in the written request a description of how the recipient will use the proceeds of the grant in accordance with subclause (III). Except as provided in subclause (II), the Secretary shall complete all closeout actions for the grant by not later than 180 days after receipt and acceptance of the written request under clause (i). The Secretary may extend a deadline under subclause (I) by an additional 180 days if the Secretary determines the extension to be necessary. Section 3212 of this title shall continue to apply to a project assisted with a grant under section 3149(d) 1 of this title regardless of whether the Secretary releases a Federal interest under clause (i).
(e) Powers of conveyance and execution The power to convey and to execute, in the name of the Secretary, deeds of conveyance, deeds of release, assignments and satisfactions of mortgages, and any other written instrument relating to real or personal property or any interest in such property acquired by the Secretary under this chapter may be exercised by the Secretary, or by any officer or agent appointed by the Secretary for that purpose, without the execution of any express delegation of power or power of attorney.
§ 3212 Maintenance of standards
All laborers and mechanics employed by contractors or subcontractors on projects assisted by the Secretary under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40. The Secretary shall not extend any financial assistance under this chapter for such a project without first obtaining adequate assurance that these labor standards will be maintained upon the construction work. The Secretary of Labor shall have, with respect to the labor standards specified in this provision, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267 ), and section 3145 of title 40 . ( Pub. L. 89–136, title VI, § 602 , formerly title VII, § 712, Aug. 26, 1965 , 79 Stat. 575 ; Pub. L. 93–567, title III, § 302 , Dec. 31, 1974 , 88 Stat. 1855 ; renumbered title VI, § 602, and amended Pub. L. 105–393, title I, § 102(b)(1) , (2), Nov. 13, 1998 , 112 Stat. 3616 ; Pub. L. 108–373, title V, § 504 , Oct. 27, 2004 , 118 Stat. 1769 .)
§ 3213 Annual report to Congress
(a) In general Not later than July 1, 2000 , and July 1 of each year thereafter, the Secretary shall submit to Congress a comprehensive and detailed annual report on the activities of the Secretary under this chapter during the most recently completed fiscal year.
(b) Inclusions Each report required under subsection (a) shall— include a list of all grant recipients by State, including the projected private sector dollar to Federal dollar investment ratio for each grant recipient; include a discussion of any private sector leveraging goal with respect to grants awarded to— rural areas and urban economically distressed areas; and highly distressed areas; after the completion of a project, include the realized private sector dollar to Federal dollar investment ratio for the project; and include a list of all of the grants provided by the Economic Development Administration for projects located in, or that primarily benefit, rural areas; an explanation of the process used to determine how each project referred to in subparagraph (A) would benefit a rural area; and a certification that each project referred to in subparagraph (A)— is located in a rural area; or will primarily benefit a rural area.
(c) Additional reporting As part of the annual report to Congress of the Economic Development Administration, the Secretary shall include a report on project completions and close outs for construction awards that includes the following information on individual construction projects: The award date of the project. The completion date of the project. The close out date of the project. The total amount of the project, including non-Federal cost share and funding from other sources, including a breakdown by source. The number of jobs anticipated to be created or retained as a result of the investment.
(d) Public availability Not later than the date of the submission of the report under subsection (c), the Secretary shall make the report under subsection (c) publicly available.
(e) Additional reporting requirement To ensure that projects are meeting expected timelines, not later than 1 year after January 4, 2025 , the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that, at a minimum— includes an analysis of Economic Development Administration construction project timeline estimates and actual project durations; and describes the frequency with which project timelines are delayed and the sources of those delays, including cases in which a project scope or schedule requires an award amendment.
§ 3214 Delegation of functions and transfer of funds among Federal agencies
(a) Delegation of functions to other Federal agencies The Secretary may— 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 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 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. The transferred funds— shall remain available until expended; and 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.
§ 3215 Penalties
(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— 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; influencing in any manner the action of the Secretary; or 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— embezzles, abstracts, purloins, or willfully misapplies any funds, securities, or other thing of value, that is pledged or otherwise entrusted to the person; with intent to defraud the Secretary or any other person or entity, or to deceive any officer, auditor, or examiner— makes any false entry in any book, report, or statement of or to the Secretary; or 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; 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 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.
§ 3216 Employment of expediters and administrative employees
Assistance shall not be provided by the Secretary under this chapter to any business unless the owners, partners, or officers of the business— 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 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— served as an officer, attorney, agent, or employee of the Department; and occupied a position or engaged in activities that the Secretary determines involved discretion with respect to the granting of assistance under this chapter. ( Pub. L. 89–136, title VI, § 606 , as added Pub. L. 105–393, title I, § 102(a) , Nov. 13, 1998 , 112 Stat. 3615 .)
§ 3217 Maintenance and public inspection of list of approved applications for financial assistance
(a) In general The Secretary shall— maintain as a permanent part of the records of the Department a list of applications approved for financial assistance under this chapter; and make the list available for public inspection during the regular business hours of the Department.
(b) Additions to list The following information shall be added to the list maintained under subsection (a) as soon as an application described in subsection (a)(1) is approved: The name of the applicant and, in the case of a corporate application, the name of each officer and director of the corporation. The amount and duration of the financial assistance for which application is made. The purposes for which the proceeds of the financial assistance are to be used.
§ 3218 Records and audits
(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— the amount and the disposition by the recipient of the proceeds of the assistance; the total cost of the project in connection with which the assistance is given or used; the amount and nature of the portion of the cost of the project provided by other sources; and 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.
§ 3219 Relationship to assistance under other law
Nothing in this chapter authorizes or permits any reduction in the amount of Federal assistance that any State or other entity eligible under this chapter is entitled to receive under any other Act. ( Pub. L. 89–136, title VI, § 609 , as added Pub. L. 105–393, title I, § 102(a) , Nov. 13, 1998 , 112 Stat. 3616 ; amended Pub. L. 108–373, title VI, § 602 , Oct. 27, 2004 , 118 Stat. 1769 .)
§ 3220 Acceptance of certifications by applicants
Under terms and conditions determined by the Secretary, the Secretary may accept the certifications of an applicant for assistance under this chapter that the applicant meets the requirements of this chapter. ( Pub. L. 89–136, title VI, § 610 , as added Pub. L. 105–393, title I, § 102(a) , Nov. 13, 1998 , 112 Stat. 3616 .)
§ 3221 Brownfields redevelopment report
(a) Definition of brownfield site In this section, the term “brownfield site” has the meaning given the term in section 9601(39) of this title .
(b) Report Not later than 1 year after October 27, 2004 , the Comptroller General shall prepare a report that evaluates the grants made by the Economic Development Administration for the economic development of brownfield sites. The report shall— identify each project conducted during the previous 10-year period in which grant funds have been used for brownfield sites redevelopment activities; and include for each project a description of— the type of economic development activities conducted; if remediation activities were conducted— the type of remediation activities; and the amount of grant money used for those activities in dollars and as a percentage of the total grant award; the economic development and environmental standards applied, if applicable; the economic development impact of the project; the role of Federal, State, or local environmental agencies, if any; and public participation in the project. The Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the report.
§ 3222 Savings clause
To the extent that any portion of grants made under this chapter are used for an economic development project that involves remediation, the remediation shall be conducted in compliance with all applicable Federal, State, and local laws and standards. ( Pub. L. 89–136, title VI, § 612 , as added Pub. L. 108–373, title VI, § 604(a) , Oct. 27, 2004 , 118 Stat. 1770 .)
§ 3231 General authorization of appropriations
(a) Grants for public works and economic development There are authorized to be appropriated to carry out section 3141 of this title , to remain available until expended— 195,000,000 for fiscal year 2026; 245,000,000 for fiscal year 2028; and $270,000,000 for fiscal year 2029.
(b) Grants for planning and grants for administrative expenses There are authorized to be appropriated to carry out section 3143 of this title , to remain available until expended— 100,000,000 for fiscal year 2026; 120,000,000 for fiscal year 2028; and $130,000,000 for fiscal year 2029.
(c) Grants for training, research, and technical assistance There are authorized to be appropriated to carry out section 3147 of this title , to remain available until expended— 30,000,000 for fiscal year 2026; 40,000,000 for fiscal year 2028; and $45,000,000 for fiscal year 2029.
(d) Grants for economic adjustment There are authorized to be appropriated to carry out section 3149 of this title (other than subsections (d) and (e)), to remain available until expended— 75,000,000 for fiscal year 2026; 95,000,000 for fiscal year 2028; and $105,000,000 for fiscal year 2029.
(e) Assistance to coal communities There is authorized to be appropriated to carry out section 3149(d) of this title $75,000,000 for each of fiscal years 2025 through 2029, to remain available until expended.
(f) Assistance to nuclear host communities There are authorized to be appropriated to carry out section 3149(e) of this title , to remain available until expended— to carry out paragraph (2)(A), 5,000,000 for each of fiscal years 2025 through 2027.
(g) Renewable energy program There is authorized to be appropriated to carry out section 3154d of this title $5,000,000 for each of fiscal years 2025 through 2029, to remain available until expended.
(h) Workforce training grants There is authorized to be appropriated to carry out section 3154e of this title 10,000,000 for each of fiscal years 2025 through 2029 shall be used to carry out subsection (c) of that section.
(i) Critical Supply Chain Site Development grant program There is authorized to be appropriated to carry out section 3154h of this title $20,000,000 for each of fiscal years 2025 through 2029, to remain available until expended.
(j) Technical Assistance Liaisons There is authorized to be appropriated to carry out section 3200 of this title $5,000,000 for each of fiscal years 2025 through 2029, to remain available until expended.
(k) Salaries and expenses There are authorized to be appropriated for salaries and expenses of administering this chapter, to remain available until expended— $33,377,000 for fiscal year 2004; and such sums as are necessary for each fiscal year thereafter.
§ 3232 Authorization of appropriations for defense conversion activities
(a) In general In addition to amounts made available under section 3231 of this title , there are authorized to be appropriated such sums as are necessary to carry out section 3149(c)(1) of this title , to remain available until expended.
(b) Pilot projects Funds made available under subsection (a) may be used for activities including pilot projects for privatization of, and economic development activities for, closed or realigned military or Department of Energy installations.
§ 3233 Authorization of appropriations for disaster economic recovery activities
(a) In general In addition to amounts made available under section 3231 of this title , there are authorized to be appropriated such sums as are necessary to carry out section 3149(c)(2) of this title , to remain available until expended.
(b) Federal share The Federal share of the cost of activities funded with amounts made available under subsection (a) shall be up to 100 percent.