Title 42 — The Public Health and Welfare
Chapter 38 — Public Works and Economic Development
§ 3146. Regulations on relative needs and allocations
Statutory text
In promulgating rules, regulations, and procedures for assistance under this subchapter, the Secretary shall ensure that—
the relative needs of eligible areas are given adequate consideration by the Secretary, as determined based on, among other relevant factors—
the severity of the rates of unemployment in the eligible areas and the duration of the unemployment;
the per capita income levels, the labor force participation rate, and the extent of underemployment in eligible areas; and
the outmigration of population from eligible areas and the extent to which the outmigration is causing economic injury in the eligible areas;
allocations of assistance under this subchapter are prioritized to ensure that the level of economic distress of an area, rather than a preference for a geographic area or a specific type of economic distress, is the primary factor in allocating the assistance;
rural and urban economically distressed areas are not harmed by the establishment or implementation by the Secretary of a private sector leveraging goal for a project under this subchapter;
any private sector leveraging goal established by the Secretary does not prohibit or discourage grant applicants under this subchapter from public works in, or economic development of, rural or urban economically distressed areas; and
the relevant Committees of Congress are notified prior to making any changes to any private sector leveraging goal; and
grants made under this subchapter promote job creation and retention and will have a high probability of meeting or exceeding applicable performance requirements established in connection with the grants.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Public Works and Economic Development Act of 1965
Pub. L. 89–136 title II § 206 · 79 Stat. 552
Enacted · 42 U.S.C. § 3146
Pub. L. 89–136, title II, § 206, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3604
Source evidence
Code source credit
Pub. L. 89–136, title II, § 206, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3604Pub. L. 108–373 title II § 204 · 118 Stat. 1756
Added · 42 U.S.C. § 3146(3); 42 U.S.C. § 3146(4)
Pub. L. 108–373 added pars. (3) and (4)
Source evidence
Code amendment note
Pars. (3), (4). Pub. L. 108–373 added pars. (3) and (4).Enacted provision · exact public law section
SEC. 204. REGULATIONS ON RELATIVE NEEDS AND ALLOCATIONS. Section 206 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3146) is amended— (1) in paragraph (1)(C), by striking “and” at the end; (2) in paragraph (2), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: “(3) (A) rural and urban economically distressed areas are not harmed by the establishment or implementation by the Secretary of a private sector leveraging goal for a project under this title; “(B) any private sector leveraging goal established by the Secretary does not prohibit or discourage grant applicants under this title from public works in, or economic development of, rural or urban economically distressed areas; and “(C) the relevant Committees of Congress are notified prior to making any changes to any private sector leveraging goal; and “(4) grants made under this title promote job creation and will have a high probability of meeting or exceeding applicable performance requirements established in connection with the grants.” .Pub. L. 118–272 § 2216(1) · 138 Stat. 3181
Added · 42 U.S.C. § 3146(1)(B)
Pub. L. 118–272, § 2216(1), added subpar. (B)
Struck · 42 U.S.C. § 3146(1)(B)
Pub. L. 118–272, § 2216(1), struck out former subpar. (B) which read as follows: “the income levels and the extent of underemployment in eligible areas; and”
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Par. (1)(B). Pub. L. 118–272, § 2216(1), added subpar. (B) and struck out former subpar. (B) which read as follows: “the income levels and the extent of underemployment in eligible areas; and”.Pub. L. 118–272 § 2216(2) · 138 Stat. 3181
Inserted · 42 U.S.C. § 3146(4)
Pub. L. 118–272, § 2216(2), inserted “and retention” after “creation”
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Par. (4). Pub. L. 118–272, § 2216(2), inserted “and retention” after “creation”.
1 of 5 references resolved to an enrolled provision · 1 partial · 3 unresolved
Editorial Notes
Amendments2004–2025 · 2 rounds
2025
Par. (1)(B). Pub. L. 118–272, § 2216(1), added subpar. (B) and struck out former subpar. (B) which read as follows: “the income levels and the extent of underemployment in eligible areas; and”.
Par. (4). Pub. L. 118–272, § 2216(2), inserted “and retention” after “creation”.
2004
Pars. (3), (4). Pub. L. 108–373 added pars. (3) and (4).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective , see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
Credits
1998–2025 · 3 acts
- 1998Pub. L. 89–136, title II, § 206, as added Pub. L. 105–393, title I, § 102(a), , 112 Stat. 3604
- 2004amended Pub. L. 108–373, title II, § 204, , 118 Stat. 1761
- 2025Pub. L. 118–272, div. B, title II, § 2216, , 138 Stat. 3181.
Show as published
(Pub. L. 89–136, title II, § 206, as added Pub. L. 105–393, title I, § 102(a), , 112 Stat. 3604; amended Pub. L. 108–373, title II, § 204, , 118 Stat. 1761; Pub. L. 118–272, div. B, title II, § 2216, , 138 Stat. 3181.)