42 U.S.C. § 3154 — Special impact areas

Page 5859 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3154 111–68, div. A, title I, § 1501(a), Oct. 1, 2009, 123 Stat. 2041.) Editorial Notes PRIOR PROVISIONS Prior sections 3151 and 3151a were repealed by Pub. L. 105–393, § 102(a). Section 3151, Pub. L. 89–136, title III, § 301, Aug. 26, 1965, 79 Stat. 558; Pub. L. 91–123, title III, § 302, Nov. 25, 1969, 83 Stat. 219; Pub. L. 93–46, § 3(a), June 18, 1973, 87 Stat. 96, authorized technical assistance to alleviate or prevent excessive unemployment or underemployment. Section 3151a, Pub. L. 89–136, title III, § 302, as added Pub. L. 93–423, § 5(b), Sept. 27, 1974, 88 Stat. 1159; amend- ed Pub. L. 94–487, title I, § 110, Oct. 12, 1976, 90 Stat. 2333, authorized grants for economic development planning. AMENDMENTS 2009—Subsec. (d). Pub. L. 111–68 struck out subsec. (d). Text read as follows: ‘‘The Comptroller General of the United States shall regularly review the implementa- tion of this section.’’ Pub. L. 111–8 added subsec. (d) and struck out former subsec. (d) which required the Comptroller General to review and report on the implementation of this sec- tion. 2004—Pub. L. 108–373 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: ‘‘In any case in which a grant (including a supplementary grant described in section 3145 of this title) has been made by the Sec- retary under this subchapter (or made under this chap- ter, as in effect on the day before the effective date of the Economic Development Administration Reform Act of 1998) for a construction project, and, after the grant has been made but before completion of the project, the cost of the project based on the designs and specifica- tions that was the basis of the grant has decreased be- cause of decreases in costs— ‘‘(1) the Secretary may approve, subject to the availability of appropriations, the use of the excess funds or a portion of the funds to improve the project; and ‘‘(2) any amount of excess funds remaining after ap- plication of paragraph (1) shall be deposited in the general fund of the Treasury.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title. § 3152. Reports by recipients (a) In general Each recipient of assistance under this sub- chapter shall submit reports to the Secretary at such intervals and in such manner as the Sec- retary shall require by regulation, except that no report shall be required to be submitted more than 10 years after the date of closeout of the as- sistance award. (b) Contents Each report shall contain an evaluation of the effectiveness of the economic assistance pro- vided under this subchapter in meeting the need that the assistance was designed to address and in meeting the objectives of this chapter. (Pub. L. 89–136, title II, § 212, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3606.) Editorial Notes PRIOR PROVISIONS A prior section 3152, Pub. L. 89–136, title III, § 303, for- merly § 302, Aug. 26, 1965, 79 Stat. 560, amended Pub. L. 91–123, title III, § 303, Nov. 25, 1969, 83 Stat. 219; Pub. L. 91–304, § 1(c), July 6, 1970, 84 Stat. 375; Pub. L. 92–65, title I, § 105, Aug. 5, 1971, 85 Stat. 167; Pub. L. 93–46, § 3(b), June 18, 1973, 87 Stat. 96; renumbered § 303 and amended Pub. L. 93–423, § 5(a), (c), Sept. 27, 1974, 88 Stat. 1159, 1160; Pub. L. 94–487, title I, § 111, Oct. 12, 1976, 90 Stat. 2334; Pub. L. 96–506, § 1(5), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(4), Aug. 13, 1981, 95 Stat. 766, authorized appropriations for technical assistance and economic development planning, prior to repeal by Pub. L. 105–393, § 102(a). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title. § 3153. Prohibition on use of funds for attorney’s and consultant’s fees Assistance made available under this sub- chapter shall not be used directly or indirectly for an attorney’s or consultant’s fee incurred in connection with obtaining grants and contracts under this subchapter. (Pub. L. 89–136, title II, § 213, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3607.) Editorial Notes PRIOR PROVISIONS A prior section 3153, Pub. L. 89–136, title III, § 304, as added Pub. L. 93–423, § 5(d), Sept. 27, 1974, 88 Stat. 1160; amended Pub. L. 94–487, title I, § 112, Oct. 12, 1976, 90 Stat. 2334; Pub. L. 96–506, § 1(6), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97–35, title XVIII, § 1821(a)(5), Aug. 13, 1981, 95 Stat. 766, authorized appropriations for supplemental and basic grants and loans, prior to repeal by Pub. L. 105–393, § 102(a). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title. § 3154. Special impact areas (a) In general On the application of an eligible recipient that is determined by the Secretary to be unable to comply with the requirements of section 3162 of this title, the Secretary may waive, in whole or in part, the requirements of section 3162 of this title and designate the area represented by the recipient as a special impact area. (b) Conditions The Secretary may make a designation under subsection (a) only after determining that— (1) the project will fulfill a pressing need of the area; and (2) the project will— (A) be useful in alleviating or preventing conditions of excessive unemployment or underemployment; or Page 5860 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3154a (B) assist in providing useful employment opportunities for the unemployed or under- employed residents in the area. (c) Notification At the time of the designation under sub- section (a), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Rep- resentatives a written notice of the designation, including a justification for the designation. (Pub. L. 89–136, title II, § 214, as added Pub. L. 108–373, title II, § 209(a), Oct. 27, 2004, 118 Stat. 1763.) § 3154a. Performance awards (a) In general The Secretary may make a performance award in connection with a grant made, on or after Oc- tober 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 para- graph (1), the Secretary shall consider the in- clusion 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 in- vestments leveraged; and (D) such other factors as the Secretary de- termines 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 perform- ance 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 sub- section (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 re- quirements For the purposes of meeting the non-Federal share requirements under this, or any other, Act the funds of a performance award shall be treat- ed as funds from a non-Federal source. (g) Terms and conditions In making performance awards under sub- section (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 re- garding performance awards made under this section in the annual report required under sec- tion 3213 of this title. (j) Review by Comptroller General (1) Review The Comptroller General shall regularly re- view 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 Transpor- tation and Infrastructure of the House of Rep- resentatives a report on the findings of the Comptroller on implementation of this sub- section. (Pub. L. 89–136, title II, § 215, as added Pub. L. 108–373, title II, § 210(a), Oct. 27, 2004, 118 Stat. 1764.) § 3154b. Planning performance awards (a) In general The Secretary may make a planning perform- ance award in connection with a grant made, on or after October 27, 2004, to an eligible recipient for a project under this subchapter located in an economic development district. (b) Eligibility The Secretary may make a planning perform- ance award to an eligible recipient under sub- section (a) in connection with a grant for a project if the Secretary determines before close- out of the project that— (1) the recipient actively participated in the economic development activities of the eco- nomic development district in which the project is located; (2) the project is consistent with the com- prehensive economic development strategy of the district; (3) the recipient worked with Federal, State, and local economic development entities throughout the development of the project; and (4) the project was completed in accordance with the comprehensive economic develop- ment strategy of the district. (c) Maximum amount The amount of a planning performance award made under subsection (a) in connection with a grant may not exceed 5 percent of the amount of the grant.