
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3211]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 38--PUBLIC WORKS AND ECONOMIC DEVELOPMENT
 
                      SUBCHAPTER VI--MISCELLANEOUS
 
Sec. 3211. Powers of Secretary


(a) In general

    In 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

    The authority under subsection (a)(7) of this section to pursue 
claims shall include the authority to obtain deficiency judgments or 
otherwise pursue claims relating to mortgages assigned to the Secretary.

(c) Inapplicability of certain other requirements

    Section 5 of title 41 shall not apply to any contract of hazard 
insurance or to any purchase or contract for services or supplies on 
account of property obtained by the Secretary as a result of assistance 
provided under this chapter if the premium for the insurance or the 
amount of the services or supplies does not exceed $1,000.

(d) Property interests

                           (1) In general

        The 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

        The Secretary may release, in whole or in part, any real 
    property interest, or tangible personal property interest, in 
    connection with a grant after the date that is 20 years after the 
    date on which the grant was awarded.

(e) Powers of conveyance and execution

    The power to convey and to execute, in the name of the Secretary, 
deeds of conveyance, deeds of release, assignments and satisfactions of 
mortgages, and any other written instrument relating to real or personal 
property or any interest in such property acquired by the Secretary 
under this chapter may be exercised by the Secretary, or by any officer 
or agent appointed by the Secretary for that purpose, without the 
execution of any express delegation of power or power of attorney.

(Pub. L. 89-136, title VI, Sec. 601, as added Pub. L. 105-393, title I, 
Sec. 102(a), Nov. 13, 1998, 112 Stat. 3611.)

                       References in Text

    The civil service and classification laws, referred to in subsec. 
(a)(2), are the civil service laws which are set forth in Title 5, 
Government Organization and Employees, particularly section 3301 et seq. 
of Title 5, and the classification laws which are set forth in chapter 
51 and subchapter III of chapter 53 of Title 5.
    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, as amended. 
Title I of the Act, known as the Local Public Works Capital Development 
and Investment Act of 1976, is classified generally to subchapter I 
(Sec. 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 Pub. L. 
93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Title II of the Act is 
classified generally to subchapter II (Sec. 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.


                            Prior Provisions

    A prior section 3211, Pub. L. 89-136, title VII, Sec. 701, Aug. 26, 
1965, 79 Stat. 570, set forth powers of Secretary, prior to repeal by 
Pub. L. 105-393, Sec. 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, Sec. 102(a).
