§3211 Powers of Secretary

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

note set out under section 6701 of this title and Tables. The Trade Act of 1974, referred to in subsec. (d)(1)(C), is Pub. 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 Pub. 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. section 3149(d) of this title, referred to in subsec. (d)(2)(B)(i), (iii), was redesignated section 3149(f) of this title by Pub. L. 118–272, div. B, title II, § 2219(2), Jan. 4, 2025, 138 Stat. 3183. 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 Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

A prior section 3211, Pub. L. 89–136, title VII, § 701, Aug. 26, 1965, 79 Stat. 570, set forth powers of Secretary, prior to repeal by Pub. L. 105–393, § 102(b)(3). A prior section 601(a) of Pub. L. 89–136 was classified to section 3201 of this title prior to repeal by Pub. L. 105–393, § 102(a).

2020—Subsec. (d)(2). Pub. 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).

Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title. Modernization of Environmental Reviews Pub. L. 118–272, div. B, title II, § 2232, Jan. 4, 2025, 138 Stat. 3197, provided that: “(a) In General.—Not later than 180 days after the date of enactment of this Act [Jan. 4, 2025], 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 (42 U.S.C. 3121 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 (42 U.S.C. 4336e)). “(b) Requirements.—In completing the report under subsection (a), the Secretary shall—“(1) describe the actions the Secretary will take to implement the

to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of the Fiscal Responsibility Act of 2023 (Public Law 118–5; 137 Stat. 38) [enacting sections 4336 to 4336e of this title and amending section 4332 of this title]; “(2) 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 (42 U.S.C. 3121 et seq.); and “(3) consider—“(A) 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 (42 U.S.C. 3121 et seq.); “(B) 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 (42 U.S.C. 3121 et seq.); and “(C) 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 (42 U.S.C. 3121 et seq.). “(c) Rulemaking.—Not 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 (42 U.S.C. 3121 et seq.).” Authorization for Temporary Personnel To Respond to Coronavirus Pub. 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 Pub. 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 Pub. L. 116–136, set out above, see section 23005 of div. B of Pub. L. 116–136, set out as a note under section 162b of Title 2, The Congress.]