In carrying out the duties of the Secretary under this chapter, the Secretary may—
(1)
adopt, alter, and use a seal, which shall be judicially noticed;
(2)
subject to the civil service and classification laws, select, employ, appoint, and fix the compensation of such personnel as are necessary to carry out this chapter;
(3)
hold such hearings, sit and act at such times and places, and take such testimony, as the Secretary determines to be appropriate;
(4)
request directly, from any Federal agency, board, commission, office, or independent establishment, such information, suggestions, estimates, and statistics as the Secretary determines to be necessary to carry out this chapter (and each Federal agency, board, commission, office, or independent establishment may provide such information, suggestions, estimates, and statistics directly to the Secretary);
(5)
under regulations promulgated by the Secretary—
(A)
assign or sell at public or private sale, or otherwise dispose of for cash or credit, in the Secretary’s discretion and on such terms and conditions and for such consideration as the Secretary determines to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by the Secretary in connection with assistance provided under this chapter; and
(B)
collect or compromise all obligations assigned to or held by the Secretary in connection with that assistance until such time as the obligations are referred to the Attorney General for suit or collection;
(6)
deal with, complete, renovate, improve, modernize, insure, rent, or sell for cash or credit, on such terms and conditions and for such consideration as the Secretary determines to be reasonable, any real or personal property conveyed to or otherwise acquired by the Secretary in connection with assistance provided under this chapter;
(7)
pursue to final collection, by means of compromise or other administrative action, before referral to the Attorney General, all claims against third parties assigned to the Secretary in connection with assistance provided under this chapter;
(8)
acquire, in any lawful manner, any property (real, personal, or mixed, tangible or intangible), to the extent appropriate in connection with assistance provided under this chapter;
(9)
in addition to any powers, functions, privileges, and immunities otherwise vested in the Secretary, take any action, including the procurement of the services of attorneys by contract, determined by the Secretary to be necessary or desirable in making, purchasing, servicing, compromising, modifying, liquidating, or otherwise administratively dealing with assets held in connection with financial assistance provided under this chapter;
(10)(A)
section 3109 of title 5 employ experts and consultants or organizations as authorized by except that contracts for such employment may be renewed annually;
(B)
compensate individuals so employed, including compensation for travel time; and
(C)
section 5703 of title 5 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 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)
section 3147 of this title 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 ;
(13)
sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, except that no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Secretary or the property of the Secretary; and
(14)
establish such rules, regulations, and procedures as the Secretary considers appropriate for carrying out this chapter.
(b)
Deficiency judgments
The authority under subsection (a)(7) to pursue claims shall include the authority to obtain deficiency judgments or otherwise pursue claims relating to mortgages assigned to the Secretary.
(c)
Inapplicability of certain other requirements
Section 6101 of title 41 shall not apply to any contract of hazard insurance or to any purchase or contract for services or supplies on account of property obtained by the Secretary as a result of assistance provided under this chapter if the premium for the insurance or the amount of the services or supplies does not exceed $1,000.
(d)
Property interests
(1)
In general
The powers of the Secretary under this section, relating to property acquired by the Secretary in connection with assistance provided under this chapter, shall extend to property interests of the Secretary relating to projects approved under—
(A)
this chapter;
(B)
42 U.S.C. 6701 title I of the Public Works Employment Act of 1976 ( et seq.);
(C)
19 U.S.C. 2251 title II of the Trade Act of 1974 ( et seq.); and
Except as provided in subparagraph (B), the Secretary may release, in whole or in part, any real property interest, or tangible personal property interest, in connection with a grant after the date that is 20 years after the date on which the grant was awarded.
(B)
Certain releases
(i)
In general
11 See References in Text note below.On written request from a recipient of a grant under section 3149(d) 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 title1 shall continue to apply to a project assisted with a grant under section 3149(d) 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. 94–36990 Stat. 999section 6701 of this titleThe Public Works Employment Act of 1976, referred to in subsec. (d)(1)(B), is , , . 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 and Tables.
Pub. L. 93–61888 Stat. 1978section 2101 of Title 19The Trade Act of 1974, referred to in subsec. (d)(1)(C), is , , . 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 and Tables.
Pub. L. 95–3191 Stat. 169section 5184 of this titleThe Community Emergency Drought Relief Act of 1977, referred to in subsec. (d)(1)(D), is , , . Title I of the Act is set out as a note under . For complete classification of this Act to the Code, see Tables.
Pub. L. 116–1922020—Subsec. (d)(2). 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).
42 U.S.C. 312142 U.S.C. 4336eNot later than 180 days after the date of enactment of this Act [], 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 ( 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 ()).
“(b)
Requirements .—
In completing the report under subsection (a), the Secretary shall—
“(1)
42 U.S.C. 4321Public Law 118–5137 Stat. 38section 4332 of this title describe the actions the Secretary will take to implement the amendments to the National Environmental Policy Act of 1969 ( et seq.) made by section 321 of the Fiscal Responsibility Act of 2023 (; ) [enacting sections 4336 to 4336e of this title and amending ];
“(2)
42 U.S.C. 3121 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 ( et seq.); and
“(3)
consider—
“(A)
42 U.S.C. 3121 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 ( et seq.);
“(B)
42 U.S.C. 3121 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 ( et seq.); and
“(C)
42 U.S.C. 3121 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 ( et seq.).
“(c)
Rulemaking .—
42 U.S.C. 3121Not 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 ( et seq.).”
, , , provided that:
Authorization for Temporary Personnel To Respond to Coronavirus
‘economic development assistance programs’‘Economic Development Administration’Pub. L. 116–136Provided further“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 [ under ] in this Act [div. B of ] to prevent, prepare for, and respond to coronavirus, without regard to the provisions of title 5, United States Code, governing appointments in competitive service: , 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”.