42 USC 3211 - Powers of Secretary

Editorial Notes

References in Text

The Public Works Employment Act of 1976, referred to in subsec. (d)(1)(B), is Puspan. 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 Puspan. 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 Puspan. 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.

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 Puspan. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Prior Provisions

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

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

Amendments

2020—Subsec. (d)(2). Puspan. 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 Subsidiaries

Effective Date

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

Authorization for Temporary Personnel To Respond to Coronavirus

Puspan. 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 Puspan. 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 Puspan. L. 116–136, set out above, see section 23005 of div. B of Puspan. L. 116–136, set out as a note under section 162span of Title 2, The Congress.]