40 U.S.C. § 15901 — State capacity building grant program

Page 280 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 15901 AMENDMENTS 2025—Subsec. (a). Pub. L. 118–272 added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘There is authorized to be appropriated to each Commission to carry out this subtitle $33,000,000 for each of fiscal years 2019 through 2023.’’ 2018—Subsec. (a). Pub. L. 115–334 substituted ‘‘$33,000,000 for each of fiscal years 2019 through 2023’’ for ‘‘$30,000,000 for each of fiscal years 2008 through 2018’’. 2014—Subsec. (a). Pub. L. 113–79, § 6207(1), substituted ‘‘2018’’ for ‘‘2012’’. Subsec. (b). Pub. L. 113–79, § 6207(2), designated exist- ing provisions as par. (1) and inserted heading, sub- stituted ‘‘Except as provided in paragraph (2), not more than’’ for ‘‘Not more than’’, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title. CHAPTER 159—ADDITIONAL REGIONAL COMMISSION PROGRAMS Sec. 15901. State capacity building grant program. 15902. Demonstration health projects. § 15901. State capacity building grant program (a) DEFINITIONS.—In this section: (1) COMMISSION STATE.—The term ‘‘Commis- sion State’’ means a State that contains 1 or more eligible counties. (2) ELIGIBLE COUNTY.—The term ‘‘eligible county’’ means a county described in sub- chapter II of chapter 157. (3) PROGRAM.—The term ‘‘program’’ means a State capacity building grant program estab- lished by a Commission under subsection (b). (b) ESTABLISHMENT.—Each Commission shall establish a State capacity building grant pro- gram to provide grants to Commission States in the area served by the Commission for the pur- poses described in subsection (c). (c) PURPOSES.—The purposes of a program are to support the efforts of the Commission— (1) to better support business retention and expansion in eligible counties; (2) to create programs to encourage job cre- ation and workforce development in eligible counties, including projects and activities, in coordination with other relevant Federal agencies, to strengthen the water sector work- force and facilitate the sharing of best prac- tices; (3) to partner with universities in distressed counties (as designated under section 15702(a)(1))— (A) to strengthen the capacity in eligible counties to train new professionals in fields for which there is a shortage of workers; (B) to increase local capacity in eligible counties for project management, project execution, and financial management; and (C) to leverage funding sources for eligible counties; (4) to prepare economic and infrastructure plans for eligible counties; (5) to expand access to high-speed broadband in eligible counties; (6) to provide technical assistance that re- sults in Commission investments in transpor- tation, water, wastewater, and other critical infrastructure; (7) to promote workforce development in eli- gible counties to support resilient infrastruc- ture projects; (8) to develop initiatives to increase the ef- fectiveness of local development districts in eligible counties; and (9) to implement new or innovative eco- nomic development practices that will better position eligible counties to compete in the global economy. (d) USE OF FUNDS.— (1) IN GENERAL.—Funds from a grant under a program may be used to support a project, pro- gram, or related expense of the Commission State in an eligible county. (2) LIMITATION.—Funds from a grant under a program shall not be used for— (A) the purchase of furniture, fixtures, or equipment; (B) the compensation of— (i) any State member of the Commission (as described in section 15301(b)(1)(B)); or (ii) any State alternate member of the Commission (as described in section 15301(b)(2)(B)); or (C) the cost of supplanting existing State programs. (e) ANNUAL WORK PLAN.— (1) IN GENERAL.—For each fiscal year, before providing a grant under a program, each Com- mission State shall provide to the Commission an annual work plan that includes the pro- posed use of the grant. (2) APPROVAL.—No grant under a program shall be provided to a Commission State un- less the Commission has approved the annual work plan of the State. (f) AMOUNT OF GRANT.— (1) IN GENERAL.—The amount of a grant pro- vided to a Commission State under a program for a fiscal year shall be based on the propor- tion that— (A) the amount paid by the Commission State (including any amounts paid on behalf of the Commission State by a nonprofit or- ganization) for administrative expenses for the applicable fiscal year (as determined under section 15304(c)); bears to (B) the amount paid by all Commission States served by the Commission (including any amounts paid on behalf of a Commission State by a nonprofit organization) for ad- ministrative expenses for that fiscal year (as determined under that section). (2) REQUIREMENT.—To be eligible to receive a grant under a program for a fiscal year, a Commission State (or a nonprofit organization on behalf of the Commission State) shall pay the amount of administrative expenses of the Commission State for the applicable fiscal year (as determined under section 15304(c)). (3) APPROVAL.—For each fiscal year, a grant provided under a program shall be approved Page 281 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 15902 and made available as part of the approval of the annual budget of the Commission. (g) GRANT AVAILABILITY.—Funds from a grant under a program shall be available only during the fiscal year for which the grant is provided. (h) REPORT.—Each fiscal year, each Commis- sion State shall submit to the relevant Commis- sion and make publicly available a report that describes the use of the grant funds and the im- pact of the program in the Commission State. (i) CONTINUATION OF PROGRAM AUTHORITY FOR NORTHERN BORDER REGIONAL COMMISSION.—With respect to the Northern Border Regional Com- mission, the program shall be a continuation of the program under section 6304(c) of the Agri- culture Improvement Act of 2018 (40 U.S.C. 15501 note; Public Law 115–334) (as in effect on the day before the date of enactment of this section). (Added Pub. L. 118–272, div. B, title II, § 2248(a), Jan. 4, 2025, 138 Stat. 3205.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (i), is the date of enactment of Pub. L. 118–272, which was approved Jan. 4, 2025. § 15902. Demonstration health projects (a) PURPOSE.—To demonstrate the value of adequate health facilities and services to the economic development of the region, a Commis- sion may make grants for the planning, con- struction, equipment, and operation of dem- onstration health, nutrition, and child care projects to serve distressed areas (referred to in this section as a ‘‘demonstration health project’’), including hospitals, regional health diagnostic and treatment centers, and other fa- cilities and services necessary for the purposes of this section. (b) ELIGIBLE ENTITIES.—An entity eligible to receive a grant under this section is— (1) an entity described in section 15501(a); (2) an institution of higher education (as de- fined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); (3) a hospital (as defined in section 1861 of the Social Security Act (42 U.S.C. 1395x)); or (4) a critical access hospital (as defined in that section). (c) PLANNING GRANTS.— (1) IN GENERAL.—A Commission may make grants for planning expenses necessary for the development and operation of demonstration health projects for the region served by the Commission. (2) MAXIMUM COMMISSION CONTRIBUTION.—The maximum Commission contribution for a dem- onstration health project that receives a grant under paragraph (1) shall be made in accord- ance with section 15501(d). (3) SOURCES OF ASSISTANCE.—A grant under paragraph (1) may be provided entirely from amounts made available to carry out this sec- tion or in combination with amounts provided under other Federal grant programs. (4) FEDERAL SHARE FOR GRANTS UNDER OTHER FEDERAL GRANT PROGRAMS.—Notwithstanding any provision of law limiting the Federal share in other Federal grant programs, amounts made available to carry out this sub- section may be used to increase the Federal share of another Federal grant up to the max- imum contribution described in paragraph (2). (d) CONSTRUCTION AND EQUIPMENT GRANTS.— (1) IN GENERAL.—A grant under this section for construction or equipment of a demonstra- tion health project may be used for— (A) costs of construction; (B) the acquisition of privately owned fa- cilities— (i) not operated for profit; or (ii) previously operated for profit if the Commission finds that health services would not otherwise be provided in the area served by the facility if the acquisi- tion is not made; and (C) the acquisition of initial equipment. (2) STANDARDS FOR MAKING GRANTS.—A grant under paragraph (1)— (A) shall be approved in accordance with section 15503; and (B) shall not be incompatible with the ap- plicable provisions of title VI of the Public Health Service Act (42 U.S.C. 291 et seq.), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.), and other laws authorizing grants for the construction of health-related facilities, without regard to any provisions in those laws relating to appropriation authorization ceilings or to allotments among the States. (3) MAXIMUM COMMISSION CONTRIBUTION.—The maximum Commission contribution for a dem- onstration health project that receives a grant under paragraph (1) shall be made in accord- ance with section 15501(d). (4) SOURCES OF ASSISTANCE.—A grant under paragraph (1) may be provided entirely from amounts made available to carry out this sec- tion or in combination with amounts provided under other Federal grant programs. (5) CONTRIBUTION TO INCREASED FEDERAL SHARE FOR OTHER FEDERAL GRANTS.—Notwith- standing any provision of law limiting the Federal share in another Federal grant pro- gram for the construction or equipment of a demonstration health project, amounts made available to carry out this subsection may be used to increase Federal grants for component facilities of a demonstration health project to a maximum of 90 percent of the cost of the fa- cilities. (e) OPERATION GRANTS.— (1) IN GENERAL.—A grant under this section for the operation of a demonstration health project may be used for— (A) the costs of operation of the facility; and (B) initial operating costs, including the costs of attracting, training, and retaining qualified personnel. (2) STANDARDS FOR MAKING GRANTS.—A grant for the operation of a demonstration health project shall not be made unless the facility funded by the grant is— (A) publicly owned;