Title 42The Public Health and WelfareRelease 119-73

§3154a Performance awards

Title 42 › Chapter CHAPTER 38— - PUBLIC WORKS AND ECONOMIC DEVELOPMENT › Subchapter SUBCHAPTER II— - GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT › § 3154a

Last updated Apr 6, 2026|Official source

Summary

The Secretary may give a performance award for a grant made on or after October 27, 2004 to an eligible recipient for a project under sections 3141 or 3149. The Secretary must create rules that define performance measures. Those measures should look at whether the recipient meets or beats schedule goals, job-creation goals, private-sector investment amounts, and other appropriate factors. The award amount is based on how well the recipient meets those measures and may not be more than 10 percent of the grant. Award money can be used for any eligible purpose under this chapter, following section 3212 and the Secretary’s rules. The funds may pay up to 100 percent of a project’s cost despite section 3144, and they count as non-Federal money for matching requirements. The Secretary will set terms and conditions and must use amounts made available for economic development assistance to carry this out. The Secretary must report award information in the annual report under section 3213. The Comptroller General will regularly review implementation and must send a report to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure within 1 year after October 27, 2004.

Full Legal Text

Title 42, §3154a

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary may make a performance award in connection with a grant made, on or after October 27, 2004, to an eligible recipient for a project under section 3141 or 3149 of this title.
(b)(1)The Secretary shall promulgate regulations to establish performance measures for making performance awards under subsection (a).
(2)In promulgating regulations under paragraph (1), the Secretary shall consider the inclusion of performance measures that assess—
(A)whether the recipient meets or exceeds scheduling goals;
(B)whether the recipient meets or exceeds job creation goals;
(C)amounts of private sector capital investments leveraged; and
(D)such other factors as the Secretary determines to be appropriate.
(c)(1)The Secretary shall base the amount of a performance award made under subsection (a) in connection with a grant on the extent to which a recipient meets or exceeds performance measures established in connection with the grant.
(2)The amount of a performance award may not exceed 10 percent of the amount of the grant.
(d)A recipient of a performance award under subsection (a) may use the award for any eligible purpose under this chapter, in accordance with section 3212 of this title and such regulations as the Secretary may promulgate.
(e)Notwithstanding section 3144 of this title, the funds of a performance award may be used to pay up to 100 percent of the cost of an eligible project or activity.
(f)For the purposes of meeting the non-Federal share requirements under this, or any other, Act the funds of a performance award shall be treated as funds from a non-Federal source.
(g)In making performance awards under subsection (a), the Secretary shall establish such terms and conditions as the Secretary considers to be appropriate.
(h)The Secretary shall use any amounts made available for economic development assistance programs to carry out this section.
(i)The Secretary shall include information regarding performance awards made under this section in the annual report required under section 3213 of this title.
(j)(1)The Comptroller General shall regularly review the implementation of this section.
(2)Not later than 1 year after October 27, 2004, the Comptroller General 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 findings of the Comptroller on implementation of this subsection.

Reference

Citations & Metadata

Citation

42 U.S.C. § 3154a

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73