Title 42, The Public Health and WelfareRelease 119-110

§3154a Performance Awards

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary can give a performance award to a grant recipient for a project funded on or after October 27, 2004. The Secretary must make rules that say how to judge performance. Those rules should look at things like meeting schedule goals, meeting job-creation goals, how much private investment was brought in, and other appropriate factors. The award amount depends on how well the recipient meets the measures and may not be more than 10 percent of the original grant. Recipients may spend the award on any project allowed under this chapter, following the chapter’s rules and the Secretary’s regulations. Award funds may pay up to 100 percent of a project’s cost and count as non‑Federal money for matching requirements. The Secretary will set terms for awards and must use available economic development assistance funds. The Secretary must report on these awards in the annual report required under section 3213. The Comptroller General must regularly review how this is carried out and, no later than 1 year after October 27, 2004, must send a report on findings to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

Full Legal Text

Title 42, §3154a

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

(a)In general
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)Performance measures
(1)Regulations
The Secretary shall promulgate regulations to establish performance measures for making performance awards under subsection (a).
(2)Considerations
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)Amount of awards
(1)In general
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)Maximum amount
The amount of a performance award may not exceed 10 percent of the amount of the grant.
(d)Use of awards
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)Federal share
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)Treatment in meeting non-Federal share requirements
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)Terms and conditions
In making performance awards under subsection (a), the Secretary shall establish such terms and conditions as the Secretary considers to be appropriate.
(h)Funding
The Secretary shall use any amounts made available for economic development assistance programs to carry out this section.
(i)Reporting requirement
The Secretary shall include information regarding performance awards made under this section in the annual report required under section 3213 of this title.
(j)Review by Comptroller General
(1)Review
The Comptroller General shall regularly review the implementation of this section.
(2)Report
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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110