Number:

DOO 10-4

SECTION 1. PURPOSE.

.01 This Order prescribes the scope of authority and functions of the Assistant Secretary for Economic Development.

.02 This revision:

a. delegates to the Assistant Secretary for Economic Development certain of the authority vested in the Secretary under Presidential Policy Directive 8; Section 304 of the Denali Commission Act of 1998; and Section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (Stevenson-Wydler) as enacted by the American Innovation and Competitiveness Act (P.L. 114-329 (2017);

b. updates the delegation related to Section 27 of Stevenson-Wydler to reflect amendments made by the Revitalize American Manufacturing and Innovation Act of 2014 (P.L. 113-235);

c. clarifies the order of succession;

d. updates certain citations; and

e. removes Chapter 4 of Title II of the Trade Act of 1974 consistent with repeal of the Chapter by the Trade Adjustment Assistance Extension Act of 2011 (P.L. 112-40) and the delegation of authority under section 1605 of the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).

f. Makes various editorial and clarifying changes to reflect more accurately the duties executed by each office.

 

SECTION 2. GENERAL.

Pursuant to the authority vested in the Secretary of Commerce (the Secretary) by law, the Economic Development Administration (EDA) is a primary operating unit of the Department of Commerce.  

SECTION 3. DESIGNATIONS OF POSITIONS.

.01 The position of Assistant Secretary of Commerce for Economic Development (the Assistant Secretary), established by Section 501 of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3191) (the Act), shall serve as the operating head of EDA. .02 The following positions are established as the principal assistants of the Assistant Secretary:

a. Deputy Assistant Secretary for Economic Development and Chief Operating Officer; b. Deputy Assistant Secretary for Regional Affairs; c. Chief Financial Officer and Chief Administrative Officer; d. Chief Counsel; and e. Atlanta Regional Director.

.03 The Deputy Assistant Secretary for Economic Development and Chief Operating Officer shall perform such duties as the Assistant Secretary assigns and shall perform the functions of the Assistant Secretary in the event that the Assistant Secretary is unable to carry out the duties of the office or during a vacancy in the office. The Deputy Assistant Secretary for Regional Affairs, Chief Financial Officer and Chief Administrative Officer, Chief Counsel, and Atlanta Regional Director, in that order, shall perform the non-exclusive functions and duties of the Assistant Secretary in the event both the Assistant Secretary and Deputy Assistant Secretary for Economic Development and Chief Operating Officer are unable to carry out their duties or during vacancies in those offices.  

SECTION 4. DELEGATION OF AUTHORITY.

.01 Pursuant to the authority vested in the Secretary by law, and subject to such policies and directives as the Secretary may prescribe, the Assistant Secretary is hereby delegated the functions, powers, duties, and authorities vested in the Secretary by:

a. The Act, except that Reports to Congress required by Section 603 of the Act shall be transmitted by the Secretary.

        b. Section 217 of P.L. 89-298 (33 U.S.C. 2220) relating to rivers and harbors projects.

c. 41 C.F.R. part 102-36, Public Contracts and Property Management for the acquisition, use and eventual disposition of excess personal property obtained by EDA and furnished to EDA’s project grantees and cost reimbursement type contractors.

d. Chapters 3 and 5 of Title II of the Trade Act of 1974, as amended (19 U.S.C. 2341 et seq. and 2391 et seq.), and predecessor statutes, regarding Trade Adjustment Assistance, except that the Under Secretary for International Trade (DOO 10-3) shall retain authority for conducting the functions under Section 261 of the Act (19 U.S.C. 2354) regarding studies, reports, and information activities in response to investigations and findings of the International Trade Commission.

e. P.L. 102-484, 50 U.S.C. 2704, regarding Department of Energy local community assistance work-force restructuring plans.

f.Section 24 of Stevenson-Wydler (15 U.S.C. 3719) to carry out a program to award prizes competitively to stimulate innovation. This delegation of authority under Section 24 of Stevenson-Wydler is not exclusive to EDA.

g. Section 25 of Stevenson-Wydler (15 U.S.C. 3720) to establish the Office of Innovation and Entrepreneurship (OIE) and put in place the duties of the OIE and also to establish an Advisory Council on Innovation and Entrepreneurship.

h. Section 26 of Stevenson-Wydler (15 U.S.C. 3721) to establish a program to provide federal loan guarantees to small- or medium-sized manufacturers for the use or production of innovative technologies. EDA is delegated lead responsibility under Section 26 of Stevenson-Wydler in consultation with the Under Secretary of Commerce for Standards and Technology.

i. Section 27 of Stevenson-Wydler (15 U.S.C. 3722) to establish a regional innovation program to encourage and support the development of regional innovation initiatives.

j. Section 28 of Stevenson-Wydler (15 U.S.C. 3723) to carry out a grant program to identify the need for skilled science, technology, engineering, and mathematics (STEM) workers and to expand STEM apprenticeship programs.

k. Section 605 of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science (COMPETES) Reauthorization Act of 2010 (P.L. 111-358 (2011)) to promote the use of high-end computing simulation and modeling by small- and medium-sized manufacturers. EDA is delegated lead responsibility under Section 605 of the America COMPETES Reauthorization Act in consultation with the Under Secretary of Commerce for Standards and Technology and the Under Secretary of Commerce for Economic Affairs.

l. Pursuant to Presidential Policy Directive 8 (2011) serve as the lead coordinating agency for the Economic Recovery Support Function under the National Disaster Recovery Framework.

m. To review, approve, and publish the Denali Commission’s Work Plan consistent with Section 304 of the Denali Commission Act of 1998 (P.L. 105-277, as amended).

n. Other provisions of law previously specifically delegated to the Assistant Secretary by earlier versions of this Order to the extent that statutory authority has become moribund with the passage of time but require administrative action to deal with minor residual matters. These provisions are:

1. The Local Public Works Capital Development and Investment Act of 1976, which is Title I of the Public Works Employment Act of 1976, as amended by P.L. 95-28 (42 U.S.C. 6701-6710).

2. The Community Emergency Drought Relief Act of 1977, P.L. 95-31.

3. P.L. 94-427, 90 Stat. 1336-1339, relating to the XIII International Olympic Winter Games.

4. P.L. 98-8, 97 Stat. 34 Section 105, regarding the sale or lease of Shea’s Buffalo Theater and Kleinhans Music Hall by the City of Buffalo, New York.

.02 The Assistant Secretary may redelegate any functions, powers, duties, and authority conferred on the Assistant Secretary by this Order to any officer of the EDA subject to such conditions as the Assistant Secretary may prescribe.

 

SECTION 5. GENERAL FUNCTIONS.

.01 The Assistant Secretary shall have primary responsibility for domestic economic development activities of the Department of Commerce. In carrying out this responsibility, the Assistant Secretary shall:

a. Serve as the principal advisor to the Secretary on economic development responsibilities and activities;

b. Propose general federal policies for the Secretary relating to economic development of undeveloped or underdeveloped portions of the country;

c. Designate economic development districts in accordance with provisions of the Act and terminate such designations when conditions require;

d. Assist state and local agencies in planning and carrying out economic development programs for designated districts; establish guides as to nature, scope, content, and format of any Comprehensive Economic Development Strategies (CEDS) submitted for approval; and review, evaluate, and act upon requests for approval of CEDS;

e. Consistent with approved CEDS, assist state and local agencies in developing applications for technical and financial assistance through grants and cooperative agreements, including assistance for public works and development facilities; review, evaluate and act upon requests for approval of economic development projects; and develop, issue, and interpret policy guidance and criteria to be followed by other agencies performing functions under these financial assistance programs;

f. Perform or sponsor research applicable to authorities delegated to the Assistant Secretary; perform special studies and compile information related to economic development; and make the results of research and compiled studies available to government agencies or others interested in economic development;

g. Establish and maintain effective relations with other federal agencies and national organizations concerned with policies and programs for economic development;

h. Serve as the Department’s point of contact with international organizations concerned with economic development, and in consultation with the Secretary, determine the Department’s needs for representation at meetings of such organizations;

i. Assure the adequate and effective administration of Title I of the Public Works Employment Act of 1976, as amended by P.L. 95-28, including the monitoring and servicing of grants;

j. Assure the effective administration of loans and grants provided under the Community Emergency Drought Relief Act of 1977, P.L. 95-31;

k. Lead federal coordination efforts under the Economic Recovery Support Function of the National Disaster Recovery Framework;

l. Review, approve and publish in the Federal Register the Denali Commission’s Work Plan after submission by the Denali Commission; and

m. Issue such rules and regulations as may be required to carry out these functions.

SECTION 6. EFFECT ON OTHER ORDERS.

This Order supersedes Department Organization Order 10-4, dated June 16, 2011.
 

Signed by: Secretary of Commerce