U.S. Code » Title 42 » Chapter CHAPTER 38— PUBLIC WORKS AND ECONOMIC DEVELOPMENT › Subchapter SUBCHAPTER VI— MISCELLANEOUS

42 U.S.C. § 3211

Powers of Secretary

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(a) In generalIn carrying out the duties of the Secretary under this chapter, the Secretary may—(1) adopt, alter, and use a seal, which shall be judicially noticed;(2) subject to the civil service and classification laws, select, employ, appoint, and fix the compensation of such personnel as are necessary to carry out this chapter;(3) hold such hearings, sit and act at such times and places, and take such testimony, as the Secretary determines to be appropriate;(4) request directly, from any Federal agency, board, commission, office, or independent establishment, such information, suggestions, estimates, and statistics as the Secretary determines to be necessary to carry out this chapter (and each Federal agency, board, commission, office, or independent establishment may provide such information, suggestions, estimates, and statistics directly to the Secretary);(5) under regulations promulgated by the Secretary—(A) assign or sell at public or private sale, or otherwise dispose of for cash or credit, in the Secretary’s discretion and on such terms and conditions and for such consideration as the Secretary determines to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by the Secretary in connection with assistance provided under this chapter; and(B) collect or compromise all obligations assigned to or held by the Secretary in connection with that assistance until such time as the obligations are referred to the Attorney General for suit or collection;(6) deal with, complete, renovate, improve, modernize, insure, rent, or sell for cash or credit, on such terms and conditions and for such consideration as the Secretary determines to be reasonable, any real or personal property conveyed to or otherwise acquired by the Secretary in connection with assistance provided under this chapter;(7) pursue to final collection, by means of compromise or other administrative action, before referral to the Attorney General, all claims against third parties assigned to the Secretary in connection with assistance provided under this chapter;(8) acquire, in any lawful manner, any property (real, personal, or mixed, tangible or intangible), to the extent appropriate in connection with assistance provided under this chapter;(9) in addition to any powers, functions, privileges, and immunities otherwise vested in the Secretary, take any action, including the procurement of the services of attorneys by contract, determined by the Secretary to be necessary or desirable in making, purchasing, servicing, compromising, modifying, liquidating, or otherwise administratively dealing with assets held in connection with financial assistance provided under this chapter;(10)(A) employ experts and consultants or organizations as authorized by section 3109 of title 5 except that contracts for such employment may be renewed annually;(B) compensate individuals so employed, including compensation for travel time; and(C) allow individuals so employed, while away from their homes or regular places of business, travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons employed intermittently in the Federal Government service;(11) establish performance measures for grants and other assistance provided under this chapter, and use the performance measures to evaluate the economic impact of economic development assistance programs under this chapter, which establishment and use of performance measures shall be provided by the Secretary through—(A) officers or employees of the Department;(B) the employment of persons under contracts entered into for such purposes; or(C) grants to persons, using funds made available to carry out this chapter;(12) conduct environmental reviews and incur necessary expenses to evaluate and monitor the environmental impact of economic development assistance provided and proposed to be provided under this chapter, including expenses associated with the representation and defense of the actions of the Secretary relating to the environmental impact of the assistance, using any funds made available to carry out section 3147 of this title;(13) sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, except that no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Secretary or the property of the Secretary; and(14) establish such rules, regulations, and procedures as the Secretary considers appropriate for carrying out this chapter.(b) Deficiency judgments

The authority under subsection (a)(7) to pursue claims shall include the authority to obtain deficiency judgments or otherwise pursue claims relating to mortgages assigned to the Secretary.

(c) Inapplicability of certain other requirements

Section 6101 of title 41 shall not apply to any contract of hazard insurance or to any purchase or contract for services or supplies on account of property obtained by the Secretary as a result of assistance provided under this chapter if the premium for the insurance or the amount of the services or supplies does not exceed $1,000.

(d) Property interests(1) In generalThe powers of the Secretary under this section, relating to property acquired by the Secretary in connection with assistance provided under this chapter, shall extend to property interests of the Secretary relating to projects approved under—(A) this chapter;(B) title I of the Public Works Employment Act of 1976 (42 U.S.C. 6701 et seq.);(C) title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.); and(D) the Community Emergency Drought Relief Act of 1977 (42 U.S.C. 5184 note; Public Law 95–31).(2) Release(A) In general

Except as provided in subparagraph (B), the Secretary may release, in whole or in part, any real property interest, or tangible personal property interest, in connection with a grant after the date that is 20 years after the date on which the grant was awarded.

(B) Certain releases(i) In generalOn written request from a recipient of a grant under section 3149(d) 11 See References in Text note below. of this title, the Secretary shall release, in accordance with this subparagraph, any Federal interest in connection with the grant, if—(I) the request is made not less than 7 years after the final disbursement of the original grant;(II) the recipient has complied with the terms and conditions of the grant to the satisfaction of the Secretary;(III) any proceeds realized from the grant will be used for 1 or more activities that continue to carry out the economic development purposes of this chapter; and(IV) the recipient includes in the written request a description of how the recipient will use the proceeds of the grant in accordance with subclause (III).(ii) Deadline(I) In general

Except as provided in subclause (II), the Secretary shall complete all closeout actions for the grant by not later than 180 days after receipt and acceptance of the written request under clause (i).

(II) Extension

The Secretary may extend a deadline under subclause (I) by an additional 180 days if the Secretary determines the extension to be necessary.

(iii) Savings provision

Section 3212 of this title shall continue to apply to a project assisted with a grant under section 3149(d) 1 of this title regardless of whether the Secretary releases a Federal interest under clause (i).

(e) Powers of conveyance and execution

The power to convey and to execute, in the name of the Secretary, deeds of conveyance, deeds of release, assignments and satisfactions of mortgages, and any other written instrument relating to real or personal property or any interest in such property acquired by the Secretary under this chapter may be exercised by the Secretary, or by any officer or agent appointed by the Secretary for that purpose, without the execution of any express delegation of power or power of attorney.

(Pub. L. 89–136, title VI, § 601, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3611; amended Pub. L. 116–192, § 2, Oct. 30, 2020, 134 Stat. 978.)Editorial NotesReferences in Text

The Public Works Employment Act of 1976, referred to in subsec. (d)(1)(B), is Pub. L. 94–369, July 22, 1976, 90 Stat. 999. Title I of the Act, known as the Local Public Works Capital Development and Investment Act of 1976, is classified generally to subchapter I (§ 6701 et seq.) of chapter 80 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6701 of this title and Tables.

The Trade Act of 1974, referred to in subsec. (d)(1)(C), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Title II of the Act is classified generally to subchapter II (§ 2251 et seq.) of chapter 12 of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 2101 of Title 19 and Tables.

The Community Emergency Drought Relief Act of 1977, referred to in subsec. (d)(1)(D), is Pub. L. 95–31, May 23, 1977, 91 Stat. 169. Title I of the Act is set out as a note under section 5184 of this title. For complete classification of this Act to the Code, see Tables.

Section 3149(d) of this title, referred to in subsec. (d)(2)(B)(i), (iii), was redesignated section 3149(f) of this title by Pub. L. 118–272, div. B, title II, § 2219(2), Jan. 4, 2025, 138 Stat. 3183.

Codification

In subsec. (c), “Section 6101 of title 41” substituted for “Section 3709 of the Revised Statutes (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Prior Provisions

A prior section 3211, Pub. L. 89–136, title VII, § 701, Aug. 26, 1965, 79 Stat. 570, set forth powers of Secretary, prior to repeal by Pub. L. 105–393, § 102(b)(3).

A prior section 601(a) of Pub. L. 89–136 was classified to section 3201 of this title prior to repeal by Pub. L. 105–393, § 102(a).

Amendments

2020—Subsec. (d)(2). Pub. L. 116–192 designated existing provisions as subpar. (A), inserted heading, substituted “Except as provided in subparagraph (B), the Secretary may” for “The Secretary may”, and added subpar. (B).

Statutory Notes and Related SubsidiariesEffective Date

Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.

Modernization of Environmental Reviews

Pub. L. 118–272, div. B, title II, § 2232, Jan. 4, 2025, 138 Stat. 3197, provided that:“(a)In General.—Not later than 180 days after the date of enactment of this Act [Jan. 4, 2025], the Secretary of Commerce (referred to in this section as the ‘Secretary’) shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the efforts of the Secretary to facilitate efficient, timely, and predictable environmental reviews of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.), including through expanded use of categorical exclusions or programmatic environmental documents (as those terms are defined in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e)).“(b)Requirements.—In completing the report under subsection (a), the Secretary shall—“(1) describe the actions the Secretary will take to implement the amendments to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of the Fiscal Responsibility Act of 2023 (Public Law 118–5; 137 Stat. 38) [enacting sections 4336 to 4336e of this title and amending section 4332 of this title];“(2) describe the existing categorical exclusions most frequently used by the Secretary to streamline the environmental review of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.); and“(3) consider—“(A) the adoption of additional categorical exclusions, including those used by other Federal agencies, that would facilitate the environmental review of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.);“(B) the adoption of new programmatic environmental documents that would facilitate the environmental review of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.); and“(C) agreements with other Federal agencies that would facilitate a more efficient process for the environmental review of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.).“(c)Rulemaking.—Not later than 2 years after the submission of the report under subsection (a), the Secretary shall promulgate a final rule implementing, to the maximum extent practicable, measures considered by the Secretary under subsection (b) that are necessary to streamline the environmental review of projects funded by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.).”

Authorization for Temporary Personnel To Respond to Coronavirus

Pub. L. 116–136, div. B, title II, Mar. 27, 2020, 134 Stat. 510, provided in part: “That the Secretary of Commerce is authorized to appoint and fix the compensation of such temporary personnel as may be necessary to implement the requirements under this heading [‘economic development assistance programs’ under ‘Economic Development Administration’] in this Act [div. B of Pub. L. 116–136] to prevent, prepare for, and respond to coronavirus, without regard to the provisions of title 5, United States Code, governing appointments in competitive service: Provided further, That the Secretary of Commerce is authorized to appoint such temporary personnel, after serving continuously for 2 years, to positions in the Economic Development Administration in the same manner that competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such positions and an individual appointed under this provision shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure”.

[For definition of “coronavirus” as used in provision of title II of div. B of Pub. L. 116–136, set out above, see section 23005 of div. B of Pub. L. 116–136, set out as a note under section 162b of Title 2, The Congress.]

Notes of Decisions
Cited in 18 cases, 1974–2020 · leading case: City of Hydaburg v. Hydaburg Coop. Ass'n, 858 P.2d 1131 (Alaska 1993).
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City of Hydaburg v. Hydaburg Coop. Ass'n, 858 P.2d 1131 (Alaska 1993). · cites it 2× “See 42 U.S.C. § 3211 (11) (1977). EDA further asserts that the Public Works Act does not authorize the federal government to allow appropriated funds to be used to pay creditors of the grantee unless a creditor incurs an expense specifically authorized by the grant and…”
United States v. James A. Irwin, Jr., 654 F.2d 671 (10th Cir. 1981). “See 42 U.S.C. § 3211 (12); 13 C.F.R. § 309.22 (1980).”
Ulstein Mar., Ltd. & Schottel of Am., Inc. v. United States of Am., 833 F.2d 1052 (1st Cir. 1987). “§ 714b(c) (Commodity Credit Corporation); 42 U.S.C. § 3211 (11) (Secretary of Commerce).”
United States v. John N. Grayson Dorothy L. Grayson, 879 F.2d 620 (9th Cir. 1989). “We assume, for purposes of this decision, that the district court had jurisdiction over all of the Graysons’ claims pursuant to 42 U.S.C. § 3211 (1982). 8 . Because the district court may have considered matters outside of the pleadings, we treat its dismissal of the…”
Lukens Steel Co. v. Kreps, 477 F. Supp. 444 (E.D. Pa. 1979). · cites it 2× “1 *446 Jurisdiction for this action has been predicated upon § 701 of the Public Works and Economic Development Act (the Act), 42 U.S.C. § 3211 , § 10 of the Administrative Procedure Act, 5 U.”
Elk Assocs. Funding Corp. v. United States Small Bus. Admin., 858 F. Supp. 2d 1 (D.D.C. 2012). “§ 714b(c); 42 U.S.C. § 3211 (13). The legislative history of those statutes suggests that Congress intended the anti-injunction language “to keep creditors and others suing the government from hindering and obstructing agency operations through mechanisms such as attachments of…”
Related Indus., Inc. v. United States, 2 Cl. Ct. 517 (Ct. Cl. 1983). “§ 294h(a)(2) (1976) (Secretary of Health and Human Services); 42 U.S.C. § 3211 (11) (1976) (Secretary of Commerce).”
Afton Alps, Inc. v. United States, 392 F. Supp. 543 (D. Minnesota 1974). “2 Moreover, 42 U.S.C. § 3211 specifically provides that the Secretary is authorized to be sued in any United States District Court, and jurisdiction is conferred upon such District Court without regard to the amount in controversy.”
Crandell v. Hardy Cnty. Rural Dev. Auth. (N.D.W. Va. 2019). · cites it 3× “” Plaintiff further argues that the Economic Development Authority Requirements for Approve Projects 8th edition: General Conditions and the SPECIAL CONDITIONS for project #01-01- 03226 extended powers and authorities of the Secretary of Commerce under 42 U.S.C. § 3211 to…”
Coalport, Inc. v. Baldridge, 771 F.2d 174 (6th Cir. 1985). “Pursuant to 42 U.S.C. § 3211 , which authorizes suit against the Secretary of Commerce in federal district court, Coalport, Inc.”
Art Metal-U. S. A., Inc. v. United States Dep't of Com., Econ. Dev. Admin., 527 F. Supp. 671 (D.D.C. 1981). · cites it 4× “42 U.S.C. § 3211 (11). That provision presents a formidable obstacle to plaintiff’s application for injunctive relief against EDA.”
Tradeways, Ltd v. The United States Dep't of the Treasury (D. Maryland 2020). “§ 714b(c) (Commodity Credit Corporation); 42 U.S.C. § 3211 (11) (Department of Commerce).”
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