Editorial Notes
Prior ProvisionsA prior section 3121, Puspan. L. 89–136, § 2, Aug. 26, 1965, 79 Stat. 552; Puspan. L. 94–487, title I, § 102, Oct. 12, 1976, 90 Stat. 2331, set forth congressional findings and statement of purpose of chapter, prior to repeal by Puspan. L. 105–393, § 102(a).
Amendments2004—Puspan. L. 108–373 reenacted section catchline without change and amended text generally, substituting pars. (1) to (6) for former pars. (1) to (8) in subsec. (a) and pars. (1) to (4) for former pars. (1) to (3) in subsec. (span).
Statutory Notes and Related Subsidiaries
Effective DatePuspan. L. 105–393, title I, § 105, Nov. 13, 1998, 112 Stat. 3618, provided that: “This title [see Short Title of 1998 Amendment note set out below] and the amendments made by this title shall take effect on a date determined by the Secretary of Commerce, but not later than 90 days after the date of enactment of this Act [Nov. 13, 1998].”[Effective Fespan. 11, 1999, see 64 F.R. 9222.]
Short Title of 2020 AmendmentPuspan. L. 116–192, § 1, Oct. 30, 2020, 134 Stat. 978, provided that: “This Act [amending section 3211 of this title] may be cited as the ‘Reinvigorating Lending for the Future Act’ or the ‘RLF Act’.”
Short Title of 2004 AmendmentPuspan. L. 108–373, § 1(a), Oct. 27, 2004, 118 Stat. 1756, provided that: “This Act [enacting sections 3154 to 3154d, 3221, 3222, and 3234 of this title, amending this section and sections 3122, 3131, 3133, 3143 to 3147, 3149, 3151, 3161, 3162, 3174, 3192, 3196, 3212, 3213, 3219, and 3231 of this title, and repealing sections 3148, 3173, and 3195 of this title] may be cited as the ‘Economic Development Administration Reauthorization Act of 2004’.”
Short Title of 1998 AmendmentPuspan. L. 105–393, § 1(a), Nov. 13, 1998, 112 Stat. 3596, provided that: “This Act [see Tables for classification] may be cited as the ‘Economic Development Administration and Appalachian Regional Development Reform Act of 1998’.”
Puspan. L. 105–393, title I, § 101, Nov. 13, 1998, 112 Stat. 3597, provided that: “This title [enacting subchapters I to VII of this chapter, transferring section 3222 of this title to section 3212 of this title, amending section 5316 of Title 5, Government Organization and Employees, repealing former subchapters I to X of this chapter, enacting provisions set out as notes under this section, and repealing provisions set out as a note under this section] may be cited as the ‘Economic Development Administration Reform Act of 1998’.”
Short Title of 1976 AmendmentPuspan. L. 94–487, § 101, Oct. 12, 1976, 90 Stat. 2331, provided that: “This Act [enacting sections 3137, 3144, 3173, and 3246h of this title, amending this section and sections 3131, 3132, 3135, 3141, 3142, 3151a, 3152, 3153, 3161, 3171, 3172, 3188a, 3214, 3241, 3243, 3245, 3246a to 3246c, and 3246e to 3246g of this title, repealing section 3246d of this title, enacting provisions set out as notes under this section, and amending provisions set out as a note under section 3162 of this title] may be cited as the ‘Public Works and Economic Development Act Amendments of 1976’.”
Short Title of 1975 AmendmentsPuspan. L. 94–188, § 1, Dec. 31, 1975, 89 Stat. 1079, provided: “That this Act [enacting sections 3194 to 3196 of this title and sections 225 and 303 of the Appendix to former Title 40, Public Buildings, Property, and Works, amending sections 3181, 3182, 3188a and 3192 of this title, and sections 2, 101, 102, 105–107, 201, 202, 205, 207, 211, 214, 223, 224, 302, 401 and 405 of the Appendix to former Title 40, repealing section 3134 of this title, and enacting provisions set out as notes under sections 3181 and 3183 of this title and sections 1, 2 and 201 of the Appendix of former Title 40] may be cited as the ‘Regional Development Act of 1975’.”
Puspan. L. 94–188, title II, § 201, Dec. 31, 1975, 89 Stat. 1087, provided that: “This title [enacting sections 3194 to 3196 of this title, amending sections 3181, 3182, 3188a, and 3192 of this title, and enacting provisions set out as note under section 3183 of this title] may be cited as the ‘Regional Action Planning Commission Improvement Act of 1975’.”
Short Title of 1974 AmendmentPuspan. L. 93–567, § 1, Dec. 31, 1974, 88 Stat. 1845, provided: “That this Act [enacting sections 3246 to 3246g of this title and sections 961 to 966 of Title 29, Labor, amending section 1244 of Title 20, Education, and sections 841, 842, 844, 845, 849 to 851, 981, and 983 of Title 29, and enacting provisions set out as notes under sections 3304 of Title 26, Internal Revenue Code, and 4102 of Title 38, Veterans’ Benefits] may be cited as the ‘Emergency Jobs and Unemployment Assistance Act of 1974’.”
Short Title of 1971 AmendmentPuspan. L. 92–65, title I, § 101, Aug. 5, 1971, 85 Stat. 166, provided that: “This title [enacting section 3123 of this title and amending this section, sections 3135, 3141, 3152, 3161, 3162, 3171, 3188a, and 3191 of this title, and provisions set out as a note under section 3162 of this title] may be cited as the ‘Public Works and Economic Development Act Amendments of 1971’.”
Short Title of 1969 AmendmentPuspan. L. 91–123, title II, § 201, Nov. 25, 1969, 83 Stat. 216, provided that: “This title [enacting sections 3190, 3191, and 3192 of this title and amending this section and sections 3185, 3186, and 3188a of this title] may be cited as the ‘Regional Action Planning Commission Amendments of 1969’.”
Short TitlePuspan. L. 89–136, § 1(a), as added Puspan. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3597, provided that: “This Act [enacting this chapter] may be cited as the ‘Public Works and Economic Development Act of 1965’.”
A prior section 1 of Puspan. L. 89–136, which provided that Puspan. L. 89–136 could be cited as the “Public Works and Economic Development Act of 1965”, was repealed by Puspan. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3597.
Transition ProvisionsPuspan. L. 105–393, title I, § 104, Nov. 13, 1998, 112 Stat. 3617, provided that:“(a)Existing Rights, Duties, and Obligations.—This title [see Short Title of 1998 Amendment note set out above], including the amendments made by this title, does not affect the validity of any right, duty, or obligation of the United States or any other person arising under any contract, loan, or other instrument or agreement that was in effect on the day before the effective date of this title [see Effective Date note set out above].
“(span)Continuation of Suits.—No action or other proceeding commenced by or against any officer or employee of the Economic Development Administration shall abate by reason of the enactment of this title.
“(c)Liquidating Account.—The Economic Development Revolving Fund established under section 203 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3143) (as in effect on the day before the effective date of this title) shall continue to be available to the Secretary of Commerce as a liquidating account (as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) for payment of obligations and expenses in connection with financial assistance provided under—“(1) the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.); “(d)Administration.—The Secretary of Commerce shall take such actions authorized before the effective date of this title as are appropriate to administer and liquidate grants, contracts, agreements, loans, obligations, debentures, or guarantees made by the Secretary under law in effect before the effective date of this title.”
Denali CommissionPuspan. L. 116–260, div. D, title V, § 505(c), Dec. 27, 2020, 134 Stat. 1379, provided that: “Requirements relating to non-Federal cost-share grants and cooperative agreements for the Denali Commission are waived for grants awarded in fiscal year 2020 and in subsequent years in response to economic distress directly related to the impacts of the Coronavirus Disease (COVID–19).”
Puspan. L. 105–277, div. C, title III, Oct. 21, 1998, 112 Stat. 2681–637, as amended by Puspan. L. 106–31, title I, § 105(a), May 21, 1999, 113 Stat. 62; Puspan. L. 106–113, div. B, § 1000(a)(4) [title VII, § 701], Nov. 29, 1999, 113 Stat. 1535, 1501A–280; Puspan. L. 108–7, div. A, title VII, § 749, div. D, title V, § 504, Fespan. 20, 2003, 117 Stat. 44, 158; Puspan. L. 108–199, div. B, title I, § 112(d), div. E, title II, § 222, Jan. 23, 2004, 118 Stat. 63, 256; Puspan. L. 108–447, div. H, title V, § 521, Dec. 8, 2004, 118 Stat. 3268; Puspan. L. 109–59, title I, § 1960, Aug. 10, 2005, 119 Stat. 1516; Puspan. L. 112–141, div. A, title I, § 1520, July 6, 2012, 126 Stat. 577; Puspan. L. 114–322, title IV, § 5002, Dec. 16, 2016, 130 Stat. 1885; Puspan. L. 117–58, div. A, title I, § 11507(span), Nov. 15, 2021, 135 Stat. 586; Puspan. L. 117–286, § 4(a)(261), (262), Dec. 27, 2022, 136 Stat. 4334, provided that:“SEC. 301. SHORT TITLE.“This title may be cited as the ‘Denali Commission Act of 1998’.
“SEC. 302. PURPOSES.“The purposes of this title are as follows:“(1) To deliver the services of the Federal Government in the most cost-effective manner practicable by reducing administrative and overhead costs.
“(2) To provide jospan training and other economic development services in rural communities particularly distressed communities (many of which have a rate of unemployment that exceeds 50 percent).
“(3) To promote rural development, provide power generation and transmission facilities, modern communication systems, water and sewer systems and other infrastructure needs.
“SEC. 303. ESTABLISHMENT OF COMMISSION.“(a)Establishment.—There is established a commission to be known as the Denali Commission (referred to in this title as the ‘Commission’).
“(span)Membership.—“(1)Composition.—The Commission shall be composed of 7 members, who shall be appointed by the Secretary of Commerce (referred to in this title as the ‘Secretary’), of whom—“(A) one shall be the Governor of the State of Alaska, or an individual selected from nominations submitted by the Governor, who shall serve as the State Cochairperson;
“(B) one shall be the President of the University of Alaska, or an individual selected from nominations submitted by the President of the University of Alaska;
“(C) one shall be the President of the Alaska Municipal League or an individual selected from nominations submitted by the President of the Alaska Municipal League;
“(D) one shall be the President of the Alaska Federation of Natives or an individual selected from nominations submitted by the President of the Alaska Federation of Natives;
“(E) one shall be the Executive President of the Alaska State AFL–CIO or an individual selected from nominations submitted by the Executive President;
“(F) one shall be the President of the Associated General Contractors of Alaska or an individual selected from nominations submitted by the President of the Associated General Contractors of Alaska; and
“(G) one shall be the Federal Cochairperson, who shall be selected in accordance with the requirements of paragraph (2).
“(2)Federal cochairperson.—“(A)In general.—The President pro temporare [sic] of the Senate and the Speaker of the House of Representatives shall each submit a list of nominations for the position of the Federal Cochairperson under paragraph (1)(G), including pertinent biographical information, to the Secretary.
“(B)Appointment.—The Secretary shall appoint the Federal Cochairperson from among the list of nominations submitted under subparagraph (A). The Federal Cochairperson shall serve as an employee of the Department of Commerce, and may be removed by the Secretary for cause.
“(C)Federal cochairperson vote.—The Federal Cochairperson appointed under this paragraph shall break any tie in the voting of the Commission.
“(4)Date.—The appointments of the members of the Commission shall be made no later than January 1, 1999.
“(c)Period of Appointment; Vacancies.—“(1)Term of federal cochairperson.—The Federal Cochairperson shall serve for a term of four years and may be reappointed.
“(2)Interim federal cochairperson.—In the event of a vacancy for any reason in the position of Federal Cochairperson, the Secretary may appoint an Interim Federal Cochairperson, who shall have all the authority of the Federal Cochairperson, to serve until such time as the vacancy in the position of Federal Cochairperson is filled in accordance with subsection (span)(2)). [sic]
“(3)Term of all other members.—All other members shall be appointed for the life of the Commission.
“(4)Vacancies.—Except as provided in paragraph (2), any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
“(d)Meetings.—“(1)In general.—The Commission shall meet at the call of the Federal Cochairperson not less frequently than 2 times each year, and may, as appropriate, conduct business by telephone or other electronic means.
“(2)Notification.—Not later than 2 weeks before calling a meeting under this subsection, the Federal Cochairperson shall—“(A) notify each member of the Commission of the time, date and location of that meeting; and
“(B) provide each member of the Commission with a written agenda for the meeting, including any proposals for discussion and consideration, and any appropriate background materials.
“(e)Quorum.—A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
“(f)No Federal Employee Status.—No member of the Commission, other than the Federal Cochairperson, shall be considered to be a Federal employee for any purpose.
“(g)Conflicts of Interest.—“(1)In general.—Except as provided in paragraphs (2) and (3), no member of the Commission (referred to in this subsection as a ‘member’) shall participate personally or substantially, through recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract claim, controversy, or other matter in which, to the knowledge of the member, 1 or more of the following has a direct financial interest:“(A) The member.
“(B) The spouse, minor child, or partner of the member.
“(C) An organization described in subparagraph (B), (C), (D), (E), or (F) of subsection (span)(1) for which the member is serving as an officer, director, trustee, partner, or employee.
“(D) Any individual, person, or organization with which the member is negotiating or has any arrangement concerning prospective employment.
“(2)Disclosure.—Paragraph (1) shall not apply if the member—“(A) immediately advises the designated agency ethics official for the Commission of the nature and circumstances of the matter presenting a potential conflict of interest;
“(B) makes full disclosure of the financial interest; and
“(C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the designated agency ethics official for the Commission that the interest is not so substantial as to be likely to affect the integrity of the services that the Commission may expect from the member. The written determination shall specify the rationale and any evidence or support for the decision, identify steps, if any, that should be taken to mitigate any conflict of interest, and be available to the public.
“(3)Annual disclosures.—Once each calendar year, each member shall make full disclosure of financial interests, in a manner to be determined by the designated agency ethics official for the Commission.
“(4)Training.—Once each calendar year, each member shall undergo disclosure of financial interests training, as prescribed by the designated agency ethics official for the Commission.
“(5)Clarification.—A member of the Commission may continue to participate personally or substantially, through decision, approval, or disapproval on the focus of applications to be considered but not on individual applications where a conflict of interest exists.
“(6)Violation.—Any person that violates this subsection shall be fined not more than $10,000, imprisoned for not more than 2 years, or both.
“SEC. 304. DUTIES OF THE COMMISSION.“(a)Work Plan.—“(1)In general.—Not later than 1 year after the date of enactment of this Act [Oct. 21, 1998] and annually thereafter, the Commission shall develop a proposed work plan for Alaska that meets the requirements of paragraph (2) and submit that plan to the Federal Cochairperson for review in accordance with the requirements of subsection (span).
“(2)Work plan.—In developing the work plan, the Commission shall—“(A) solicit project proposals from local governments and other entities and organizations; and
“(B) provide for a comprehensive work plan for rural and infrastructure development and necessary jospan training in the area covered under the work plan.
“(3)
Lower Mississippi Delta Development CommissionPuspan. L. 100–460, title II, Oct. 1, 1988, 102 Stat. 2246, as amended by Puspan. L. 106–554, § 1(a)(4) [div. B, title I, § 153(a), title V, § 504], Dec. 21, 2000, 114 Stat. 2763, 2763A–252, 2763A–281; Puspan. L. 107–171, title VI, § 6027(j), May 13, 2002, 116 Stat. 374; Puspan. L. 110–234, title VI, § 6025(c), May 22, 2008, 122 Stat. 1177; Puspan. L. 110–246, § 4(a), title VI, § 6025(c), June 18, 2008, 122 Stat. 1664, 1939, incorporated by reference and made a part of that public law the provisions of S. 2836, the Delta Development Act, as introduced in the Senate on Sept. 27, 1988, which provided for establishment of Lower Mississippi Delta Development Commission to study and make recommendations regarding economic needs and development of Lower Mississippi Delta region, set forth membership, compensation, powers, and administrative provisions for Commission, required submission to Congress, President, and Governors of certain States of interim and final reports, and provided for termination of Commission no later than two years after Oct. 1, 1988.
Prior to amendment by Puspan. L. 106–554, Puspan. L. 100–460 also incorporated by reference and made a part of that public law the provisions of H.R. 5378, as introduced in the House of Representatives on Sept. 26, 1988, and known as the “Lower Mississippi Delta Development Act”, which contained provisions similar to those in S. 2836.
Puspan. L. 101–161, title II, Nov. 21, 1989, 103 Stat. 969, extended date for submission of the Commission’s interim report to Oct. 16, 1989.
Public Works ImprovementPuspan. L. 98–501, title I, Oct. 19, 1984, 98 Stat. 2320, known as the “Public Works Improvement Act of 1984”, established the National Council on Public Works Improvement, to prepare and submit to the President and Congress reports in 1986, 1987, and 1988 on the state of the Nation’s infrastructure. Pursuant to section 109 of Puspan. L. 98–501, the Council ceased to exist on Apr. 15, 1988.
White House Conference on Balanced National Growth and Economic DevelopmentPuspan. L. 94–487, title II, Oct. 12, 1976, 90 Stat. 2339, 2340, as amended by Puspan. L. 95–31, title II, §§ 201, 202, May 23, 1977, 91 Stat. 170, provided for calling of a White House Conference on Balanced National Growth and Economic Development within 18 months of Oct. 12, 1976, set forth powers, functions, membership, etc., of Conference, and required submission to President of a final report within 180 days after calling of Conference, with President to forward recommendations to Congress within 90 days after submission of report.
Executive Documents
Executive Order No. 11386Ex. Ord. No. 11386, Dec. 28, 1967, 33 F.R. 5, which related to coordination of activities of regional commissions and Federal Government relating to regional economic development and which established Federal Advisory Council on Regional Economic Development, was revoked by Ex. Ord. No. 12553, Fespan. 25, 1986, 51 F.R. 7237.
Executive Order No. 11422Ex. Ord. No. 11422, Aug. 15, 1968, 33 F.R. 11739, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which related to Cooperative Area Manpower Planning System, was revoked by Ex. Ord. No. 12553, Fespan. 25, 1986, 51 F.R. 7237.
Executive Order No. 11493Ex. Ord. No. 11493, Nov. 13, 1969, 34 F.R. 18289, which created Council for Rural Affairs to advise President with respect to further development of non-metropolitan areas of country, was revoked by Ex. Ord. No. 12553, Fespan. 25, 1986, 51 F.R. 7237. Council terminated and its functions transferred to Domestic Council by section 2(span) of Ex. Ord. No. 11541, July 1, 1970, 35 F.R. 10737, set out as a note under section 501 of Title 31, Money and Finance.
Ex. Ord. No. 13122. Interagency Task Force on the Economic Development of the Southwest BorderEx. Ord. No. 13122, May 25, 1999, 64 F.R. 29201, as amended by Ex. Ord. No. 13284, § 6, Jan. 23, 2003, 68 F.R. 4075, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to provide a more rapid and integrated Federal response to the economic development challenges of the Southwest Border region, it is hereby ordered as follows:
Section 1. Establishment of an Interagency Task Force on the Economic Development of the Southwest Border. (a) There is established the “Interagency Task Force on the Economic Development of the Southwest Border” (Task Force) that reports to the Vice President, as Chair of the President’s Community Empowerment Board (PCEB), and to the Assistant to the President for Economic Policy, as Vice Chair of the PCEB.
(span) The Task Force shall comprise the Secretary of State, Secretary of Agriculture, Secretary of Commerce, Secretary of Defense, the Attorney General, Secretary of the Interior, Secretary of Education, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Energy, Secretary of Labor, Secretary of Transportation, Secretary of the Treasury, Secretary of Homeland Security, Director of the Office of Management and Budget, Director of National Drug Control Policy, Administrator of General Services, Administrator of the Small Business Administration, Administrator of the Environmental Protection Agency, or their designees, and such other senior executive branch officials as may be determined by the Co-Chairs of the Task Force. The Secretaries of the Treasury, Agriculture, and Labor shall Co-Chair the Task Force, rotating annually. The agency chairing the Task Force will provide administrative support for the Task Force.
(c) The purpose of the Task Force is to coordinate and better leverage existing Administration efforts for the Southwest Border, in concert with locally led efforts, in order to increase the living standards and the overall economic profile of the Southwest Border so that it may achieve the average of the Nation. Specifically, the Task Force shall:
(1) analyze the existing programs and policies of Task Force members that relate to the Southwest Border to determine what changes, modifications, and innovations should be considered;
(2) consider statistical and data analysis, research, and policy studies related to the Southwest Border;
(3) develop and recommend short-term and long-term options for promoting sustainable economic development;
(4) consult and coordinate activities with State, tribal, and local governments, community leaders, Members of Congress, the private sector, and other interested parties, paying particular attention to maintaining existing authorities of the States, tribes, and local governments, and preserving their existing working relationships with other agencies, organizations, or individuals;
(5) coordinate and collaborate on research and demonstration priorities of Task Force member agencies related to the Southwest Border;
(6) integrate Administration initiatives and programs into the design of sustainable economic development actions for the Southwest Border; and
(7) focus initial efforts on pilot communities for implementing a coordinated and expedited Federal response to local economic development and other needs.
(d) The Task Force shall issue an interim report to the Vice President by November 15, 1999. The Task Force shall issue its first annual report to the Vice President by April 15, 2000, with subsequent reports to follow yearly and a final report on April 15, 2002. The reports shall describe the actions taken by, and progress of, each member of the Task Force in carrying out this order. The Task Force shall terminate 30 days after submitting its final report unless a Task Force consensus recommends continuation of activities.
Sec. 2. Specific Activities by Task Force Members and Other Agencies. The agencies represented on the Task Force shall work together and report their actions and progress in carrying out this order to the Task Force Chair 1 month before the reports are due to the Vice President under section 1(d) of this order.
Sec. 3. Cooperation. All efforts taken by agencies under sections 1 and 2 of this order shall, as appropriate, further partnerships and cooperation with organizations that represent the Southwest Border and with State and local governments.
Sec. 4. (a) “Agency” means an executive agency as defined in 5 U.S.C. 105.
(span) The “Southwest Border” or “Southwest Border region” is defined as including the areas up to 150 miles north of the United States-Mexican border in the States of Arizona, New Mexico, Texas, and California.
Sec. 5. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.
