Collapse to view only § 3211. Powers of Secretary
- § 3211. Powers of Secretary
- § 3212. Maintenance of standards
- § 3213. Annual report to Congress
- § 3214. Delegation of functions and transfer of funds among Federal agencies
- § 3215. Penalties
- § 3216. Employment of expediters and administrative employees
- § 3217. Maintenance and public inspection of list of approved applications for financial assistance
- § 3218. Records and audits
- § 3219. Relationship to assistance under other law
- § 3220. Acceptance of certifications by applicants
- § 3221. Brownfields redevelopment report
- § 3222. Savings clause
§ 3211. Powers of Secretary
(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
(c) Inapplicability of certain other requirements
(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
(B) Certain releases
(i) In generalOn 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(II) Extension
(iii) Savings provision
(e) Powers of conveyance and execution
(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.)
§ 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
(b) InclusionsEach report required under subsection (a) shall—
(1) include a list of all grant recipients by State, including the projected private sector dollar to Federal dollar investment ratio for each grant recipient;
(2) include a discussion of any private sector leveraging goal with respect to grants awarded to—
(A) rural and urban economically distressed areas; and
(B) highly distressed areas; and
(3) after the completion of a project, include the realized private sector dollar to Federal dollar investment ratio for the project.
(Pub. L. 89–136, title VI, § 603, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3614; amended Pub. L. 108–373, title VI, § 601, Oct. 27, 2004, 118 Stat. 1769.)
§ 3214. Delegation of functions and transfer of funds among Federal agencies
(a) Delegation of functions to other Federal agencies
The Secretary may—
(1) delegate to the heads of other Federal agencies such functions, powers, and duties of the Secretary under this chapter as the Secretary determines to be appropriate; and
(2) authorize the redelegation of the functions, powers, and duties by the heads of the agencies.
(b) Transfer of funds to other Federal agencies
(c) Transfer of funds from other Federal agencies
(1) In general
(2) Use of funds
The transferred funds—
(A) shall remain available until expended; and
(B) may, to the extent necessary to carry out this chapter, be transferred to and merged by the Secretary with the appropriations for salaries and expenses.
(Pub. L. 89–136, title VI, § 604, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3614.)
§ 3215. Penalties
(a) False statements; security overvaluationA person that makes any statement that the person knows to be false, or willfully overvalues any security, for the purpose of—
(1) obtaining for the person or for any applicant any financial assistance under this chapter or any extension of the assistance by renewal, deferment, or action, or by any other means, or the acceptance, release, or substitution of security for the assistance;
(2) influencing in any manner the action of the Secretary; or
(3) obtaining money, property, or any thing of value, under this chapter;
shall be fined under title 18, imprisoned not more than 5 years, or both.
(b) Embezzlement and fraud-related crimesA person that is connected in any capacity with the Secretary in the administration of this chapter and that—
(1) embezzles, abstracts, purloins, or willfully misapplies any funds, securities, or other thing of value, that is pledged or otherwise entrusted to the person;
(2) with intent to defraud the Secretary or any other person or entity, or to deceive any officer, auditor, or examiner—
(A) makes any false entry in any book, report, or statement of or to the Secretary; or
(B) without being duly authorized, draws any order or issue, puts forth, or assigns any note, debenture, bond, or other obligation, or draft, bill of exchange, mortgage, judgment, or decree thereof;
(3) with intent to defraud, participates or shares in or receives directly or indirectly any money, profit, property, or benefit through any transaction, loan, grant, commission, contract, or any other act of the Secretary; or
(4) gives any unauthorized information concerning any future action or plan of the Secretary that might affect the value of securities, or having such knowledge invests or speculates, directly or indirectly, in the securities or property of any company or corporation receiving loans, grants, or other assistance from the Secretary;
shall be fined under title 18, imprisoned not more than 5 years, or both.
(Pub. L. 89–136, title VI, § 605, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3614.)
§ 3216. Employment of expediters and administrative employeesAssistance shall not be provided by the Secretary under this chapter to any business unless the owners, partners, or officers of the business—
(1) certify to the Secretary the names of any attorneys, agents, and other persons engaged by or on behalf of the business for the purpose of expediting applications made to the Secretary for assistance of any kind, under this chapter, and the fees paid or to be paid to the person for expediting the applications; and
(2) execute an agreement binding the business, for the 2-year period beginning on the date on which the assistance is provided by the Secretary to the business, to refrain from employing, offering any office or employment to, or retaining for professional services, any person who, on the date on which the assistance or any part of the assistance was provided, or within the 1-year period ending on that date—
(A) served as an officer, attorney, agent, or employee of the Department; and
(B) occupied a position or engaged in activities that the Secretary determines involved discretion with respect to the granting of assistance under this chapter.
(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—
(1) maintain as a permanent part of the records of the Department a list of applications approved for financial assistance under this chapter; and
(2) make the list available for public inspection during the regular business hours of the Department.
(b) Additions to list
The following information shall be added to the list maintained under subsection (a) as soon as an application described in subsection (a)(1) is approved:
(1) The name of the applicant and, in the case of a corporate application, the name of each officer and director of the corporation.
(2) The amount and duration of the financial assistance for which application is made.
(3) The purposes for which the proceeds of the financial assistance are to be used.
(Pub. L. 89–136, title VI, § 607, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3615.)
§ 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—
(1) the amount and the disposition by the recipient of the proceeds of the assistance;
(2) the total cost of the project in connection with which the assistance is given or used;
(3) the amount and nature of the portion of the cost of the project provided by other sources; and
(4) such other records as will facilitate an effective audit.
(b) Access to books for examination and audit
(Pub. L. 89–136, title VI, § 608, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3616.)
§ 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
(b) Report
(1) In general
(2) ContentsThe report shall—
(A) identify each project conducted during the previous 10-year period in which grant funds have been used for brownfield sites redevelopment activities; and
(B) include for each project a description of—
(i) the type of economic development activities conducted;
(ii) if remediation activities were conducted—(I) the type of remediation activities; and(II) the amount of grant money used for those activities in dollars and as a percentage of the total grant award;
(iii) the economic development and environmental standards applied, if applicable;
(iv) the economic development impact of the project;
(v) the role of Federal, State, or local environmental agencies, if any; and
(vi) public participation in the project.
(3) Submission of report
(Pub. L. 89–136, title VI, § 611, as added Pub. L. 108–373, title VI, § 603(a), Oct. 27, 2004, 118 Stat. 1769.)
§ 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.)