SUBCHAPTER V—ADMINISTRATION

§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.

(Pub. L. 89–136, title V, §501, as added Pub. L. 105–393, title I, §102(a), Nov. 13, 1998, 112 Stat. 3610.)

Editorial Notes

Prior Provisions

A prior section 3191, Pub. L. 89–136, title V, §512, as added Pub. L. 91–123, title II, §206, Nov. 25, 1969, 83 Stat. 218; amended Pub. L. 92–65, title I, §110, Aug. 5, 1971, 85 Stat. 167, related to Federal Field Committee for Development Planning in Alaska, prior to repeal by Pub. L. 97–35, title XVIII, §1821(a)(8), Aug. 13, 1981, 95 Stat. 766, effective Sept. 30, 1981.

A prior section 501 of Pub. L. 89–136 was classified to section 3181 of this title prior to repeal by Pub. L. 97–35, §1821(a)(8).

Statutory Notes and Related Subsidiaries

Effective 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.

§3192. Economic development information clearinghouse

In carrying out this chapter, the Secretary shall—

(1) maintain a central information clearinghouse on the Internet with—

(A) information on economic development, economic adjustment, disaster recovery, defense conversion, and trade adjustment programs and activities of the Federal Government;

(B) links to State economic development organizations; and

(C) links to other appropriate economic development resources;

(2) assist potential and actual applicants for economic development, economic adjustment, disaster recovery, defense conversion, and trade adjustment assistance under Federal and State laws in locating and applying for the assistance;

(3) assist areas described in section 3161(a) of this title and other areas by providing to interested persons, communities, industries, and businesses in the areas any technical information, market research, or other forms of assistance, information, or advice that would be useful in alleviating or preventing conditions of excessive unemployment or underemployment in the areas; and

(4) obtain appropriate information from other Federal agencies needed to carry out the duties under this chapter.

(Pub. L. 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.)

Editorial Notes

Prior Provisions

A prior section 3192, Pub. L. 89–136, title V, §513, as added Pub. L. 91–123, title II, §206, Nov. 25, 1969, 83 Stat. 219; amended Pub. L. 94–188, title II, §203, Dec. 31, 1975, 89 Stat. 1087, related to regional transportation systems, prior to repeal by Pub. L. 97–35, title XVIII, §1821(a)(8), Aug. 13, 1981, 95 Stat. 766, effective Sept. 30, 1981.

A prior section 502 of Pub. L. 89–136 was classified to section 3182 of this title prior to repeal by Pub. L. 97–35, §1821(a)(8).

Amendments

2004—Par. (1). Pub. L. 108–373, §501(1), added par. (1) and struck out former par. (1) which read as follows: "maintain a central information clearinghouse on matters relating to economic development, economic adjustment, disaster recovery, defense conversion, and trade adjustment programs and activities of the Federal and State governments, including political subdivisions of States;".

Par. (2). Pub. L. 108–373, §501(2), added par. (2) and struck out former par. (2) which read as follows: "assist potential and actual applicants for economic development, economic adjustment, disaster recovery, defense conversion, and trade adjustment assistance under Federal, State, and local laws in locating and applying for the assistance; and".

Par. (4). Pub. L. 108–373, §501(3), (4), added par. (4).

Statutory Notes and Related Subsidiaries

Effective 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.

§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.

(Pub. L. 89–136, title V, §503, as added Pub. L. 105–393, title I, §102(a), Nov. 13, 1998, 112 Stat. 3610.)

Editorial Notes

Prior Provisions

A prior section 3193, Pub. L. 89–136, title V, §514, as added Pub. L. 93–423, §11, Sept. 27, 1974, 88 Stat. 1162, provided for the acquisition and disposal of excess property from the Administrator of General Services by the Federal cochairman of each regional action planning commission, prior to repeal by Pub. L. 94–519, §§6, 9, Oct. 17, 1976, 90 Stat. 2456, 2457, effective Oct. 17, 1977.

A prior section 503 of Pub. L. 89–136 was classified to section 3183 of this title prior to repeal by Pub. L. 97–35, §1821(a)(8).

Statutory Notes and Related Subsidiaries

Effective 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.

§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.)

Editorial Notes

Prior Provisions

A prior section 3194, Pub. L. 89–136, title V, §515, as added Pub. L. 94–188, title II, §204, Dec. 31, 1975, 89 Stat. 1088, related to energy demonstration projects and programs, prior to repeal by Pub. L. 97–35, title XVIII, §1821(a)(8), Aug. 13, 1981, 95 Stat. 766, effective Sept. 30, 1981.

A prior section 504 of Pub. L. 89–136 was classified to section 3184 of this title prior to repeal by Pub. L. 97–35, §1821(a)(8).

Statutory Notes and Related Subsidiaries

Effective 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.

§3195. Repealed. Pub. L. 108–373, title V, §502(a), Oct. 27, 2004, 118 Stat. 1768

Section, Pub. L. 89–136, title V, §505, as added Pub. L. 105–393, title I, §102(a), Nov. 13, 1998, 112 Stat. 3610, related to businesses desiring Federal contracts.

Editorial Notes

Prior Provisions

A prior section 3195, Pub. L. 89–136, title V, §516, as added Pub. L. 94–188, title II, §205, Dec. 31, 1975, 89 Stat. 1088, related to health and nutrition demonstration projects, prior to repeal by Pub. L. 97–35, title XVIII, §1821(a)(8), Aug. 13, 1981, 95 Stat. 766, effective Sept. 30, 1981.

A prior section 505 of Pub. L. 89–136 was classified to section 3185 of this title prior to repeal by Pub. L. 97–35, §1821(a)(8).

§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

(1) Establishment

The Secretary shall establish criteria for use in conducting evaluations under subsection (a).

(2) Evaluation criteria for university centers

The criteria for evaluation of a university center shall, at a minimum, provide for an assessment of the center's contribution to providing technical assistance, conducting applied research, program performance, and disseminating results of the activities of the center.

(3) Evaluation criteria for economic development districts

The criteria for evaluation of an economic development district shall, at a minimum, provide for an assessment of management standards, financial accountability, and program performance.

(e) Peer review

In conducting an evaluation of a university center or economic development district under subsection (a), the Secretary shall provide for the participation of at least 1 other university center or economic development district, as appropriate, on a cost-reimbursement basis.

(Pub. L. 89–136, title V, §506, as added Pub. L. 105–393, title I, §102(a), Nov. 13, 1998, 112 Stat. 3611; amended Pub. L. 108–373, title V, §503, Oct. 27, 2004, 118 Stat. 1769.)

Editorial Notes

Prior Provisions

A prior section 3196, Pub. L. 89–136, title V, §517, as added Pub. L. 94–188, title II, §206, Dec. 31, 1975, 89 Stat. 1090, related to vocational and technical educational demonstration projects, prior to repeal by Pub. L. 97–35, title XVIII, §1821(a)(8), Aug. 13, 1981, 95 Stat. 766, effective Sept. 30, 1981.

A prior section 506 of Pub. L. 89–136 was classified to section 3186 of this title prior to repeal by Pub. L. 97–35, §1821(a)(8).

Amendments

2004–Subsec. (c). Pub. L. 108–373, §503(a), struck out "after the effective date of the Economic Development Administration Reform Act of 1998" after "assistance to the grantee".

Subsec. (d)(2). Pub. L. 108–373, §503(b), inserted "program performance," after "applied research,".

Statutory Notes and Related Subsidiaries

Effective 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.

§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.)

Editorial Notes

Prior Provisions

A prior section 507 of Pub. L. 89–136 was classified to section 3187 of this title prior to repeal by Pub. L. 97–35, §1821(a)(8).

Prior sections 3201 to 3204 were repealed by Pub. L. 105–393, title I, §102(a), Nov. 13, 1998, 112 Stat. 3597.

Section 3201, Pub. L. 89–136, title VI, §601(a), Aug. 26, 1965, 79 Stat. 569; Pub. L. 97–195, §1(c)(3), June 16, 1982, 96 Stat. 115, related to appointment of Assistant Secretary of Commerce and Administrator for Economic Development.

Section 3202, Pub. L. 89–136, title VI, §602, Aug. 26, 1965, 79 Stat. 570, related to National Public Advisory Committee on Regional Economic Development.

Section 3203, Pub. L. 89–136, title VI, §603, Aug. 26, 1965, 79 Stat. 570, authorized Secretary to consult with other persons and agencies.

Section 3204, Pub. L. 89–136, title VI, §604, as added Pub. L. 90–103, title II, §204, Oct. 11, 1967, 81 Stat. 268, conditioned assistance upon proper administration, operation, and maintenance of project.

Statutory Notes and Related Subsidiaries

Effective 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.

§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—

(1) to coordinate all Tribal economic development activities carried out by the Secretary;

(2) to help Tribal communities access economic development assistance programs, including the assistance provided under this chapter;

(3) to coordinate Tribal economic development strategies and efforts with other Federal agencies; and

(4) to be a participant in any negotiated rulemakings or consultations relating to, or having an impact on, projects, programs, or funding that benefit Tribal communities.

(c) Tribal economic development strategy

(1) In general

Not later than 1 year after January 4, 2025, the Office shall initiate a Tribal consultation process to develop, and not less frequently than every 3 years thereafter, update, a strategic plan for Tribal economic development for the Economic Development Administration.

(2) Submission to Congress

Not later than 1 year after January 4, 2025, and not less frequently than every 3 years thereafter, the Office shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate the strategic plan for Tribal economic development developed under paragraph (1).

(d) Outreach

The Secretary shall establish a publicly facing website to help provide a comprehensive, single source of information for Indian tribes, Tribal leaders, Tribal businesses, and citizens in Tribal communities to better understand and access programs that support economic development in Tribal communities, including the economic development programs administered by Federal agencies or departments other than the Department.

(e) Dedicated staff

The Secretary shall ensure that the Office has sufficient staff to carry out all outreach activities under this section.

(Pub. L. 89–136, title V, §508, as added Pub. L. 118–272, div. B, title II, §2227, Jan. 4, 2025, 138 Stat. 3192.)

§3199. Office of Disaster Recovery and Resilience

(a) Establishment

The Secretary shall establish an Office of Disaster Recovery and Resilience—

(1) to direct and implement the post-disaster economic recovery responsibilities of the Economic Development Administration pursuant to subsections (c)(2) and (e) of section 3149 of this title and section 3233 of this title;

(2) to direct and implement economic recovery and enhanced resilience support function activities as directed under the National Disaster Recovery Framework; and

(3) support long-term economic recovery in communities in which a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or otherwise impacted by an event of national significance, as determined by the Secretary, through—

(A) convening and deploying an economic development assessment team;

(B) hosting or attending convenings related to identification of additional Federal, State, local, and philanthropic entities and resources;

(C) exploring potential flexibilities related to existing awards;

(D) provision of technical assistance through staff or contractual resources; and

(E) other activities determined by the Secretary to be appropriate.

(b) Appointment authorities

(1) Appointment

The Secretary is authorized to appoint such temporary personnel as may be necessary to carry out the responsibilities of the Office of Disaster Recovery and Resilience, without regard to the provisions of subchapter I of chapter 33 of title 5 governing appointments in the competitive service.

(2) Conversion of employees

Notwithstanding chapter 33 of title 5, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, a temporary employee appointed under this subsection may be selected by the Secretary for a permanent appointment in the competitive service in the Economic Development Administration under internal competitive promotion procedures if—

(A) the employee has served continuously for at least 2 years under 1 or more appointments under this subsection; and

(B) the employee's performance has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (A).

(3) Status upon conversion

An individual converted under this subsection shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure.

(4) Reporting

For any fiscal year during which the Secretary exercises the authority under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the use of that authority including, at a minimum—

(A) the number of employees hired under the authority during the fiscal year;

(B) the positions and grades for which employees were hired;

(C) the number of employees converted to career-conditional;

(D) a description of how the Secretary assessed employee performance to determine the eligibility of the employee for conversion under paragraph (2)(B);

(E) the number of employees who were hired under that authority as temporary employees who have met the continuous service requirements described in subparagraph (A) of paragraph (2) but not the performance requirements described in subparagraph (B) of that paragraph; and

(F) the number of employees who were hired under that authority who have separated from the Economic Development Administration.

(5) Rule of construction

Nothing in this subsection waives any requirement relating to qualifications of applicants for positions in the Office of Disaster Recovery and Resilience under this subsection.

(6) Termination

The authority provided by this subsection shall expire on September 30, 2029.

(c) Disaster team

(1) Establishment

As soon as practicable after January 4, 2025, the Secretary shall establish a disaster team (referred to in this section as the "disaster team") for the deployment of individuals to carry out responsibilities of the Office of Disaster Recovery and Resilience after a major disaster or emergency has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and the Department has been activated by the Federal Emergency Management Agency.

(2) Membership

(A) Designation of staff

As soon as practicable after January 4, 2025, the Secretary shall designate to serve on the disaster team—

(i) employees of the Office of Disaster Recovery and Resilience;

(ii) employees of the Department who are not employees of the Economic Development Administration; and

(iii) in consultation with the heads of other Federal agencies, employees of those agencies, as appropriate.

(B) Capabilities

In designating individuals under subparagraph (A), the Secretary shall ensure that the disaster team includes a sufficient quantity of—

(i) individuals who are capable of deploying rapidly and efficiently to respond to major disasters and emergencies; and

(ii) highly trained full-time employees who will lead and manage the disaster team.

(3) Training

The Secretary shall ensure that appropriate and ongoing training is provided to members of the disaster team to ensure that the members are adequately trained regarding the programs and policies of the Economic Development Administration relating to post-disaster economic recovery efforts.

(4) Expenses

In carrying out this section, the Secretary may—

(A) use, with or without reimbursement, any service, equipment, personnel, or facility of any Federal agency with the explicit support of that agency, to the extent such use does not impair or conflict with the authority of the President or the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) to direct Federal agencies in any major disaster or emergency declared under that Act; and

(B) provide members of the disaster team with travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of services for, or relating to, the disaster team.

(d) Annual reports

Not later than July 1, 2026, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—

(1) a summary of the activities of the Office of Disaster Recovery and Resilience and any disaster teams established pursuant to subsection (c);

(2) the number and details of the disasters in which the Office of Disaster Recovery and Resilience and permanent and temporary personnel, including disaster teams, were involved and deployed;

(3) the locations and length of any deployments;

(4) the number of personnel deployed, broken down by category, including permanent and temporary personnel; and

(5) a breakdown of expenses, with or without reimbursement.

(Pub. L. 89–136, title V, §509, as added Pub. L. 118–272, div. B, title II, §2228, Jan. 4, 2025, 138 Stat. 3192.)

Editorial Notes

References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsecs. (a)(3) and (c)(1), (4)(A), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.

§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—

(1) work in coordination with an Economic Development Representative to provide technical assistance, in addition to technical assistance under section 3147 of this title, to eligible recipients that are underresourced communities, as determined by the Technical Assistance Liaison, that submit applications for assistance under subchapter II; and

(2) at the request of an eligible recipient that submitted an application for assistance under subchapter II, provide technical feedback on unsuccessful grant applications.

(c) Technical assistance

The Secretary may enter into a contract or cooperative agreement with an eligible recipient for the purpose of providing technical assistance to eligible recipients that are underresourced communities that have submitted or may submit an application for assistance under this chapter.

(Pub. L. 89–136, title V, §510, as added Pub. L. 118–272, div. B, title II, §2229, Jan. 4, 2025, 138 Stat. 3195.)