42 U.S.C. § 3145 — Supplementary grants

Page 5853 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3145 Subsec. (b). Pub. L. 118–272, § 2215(2), designated exist- ing provisions as par. (1), inserted heading, and added par. (2). Subsec. (c)(2). Pub. L. 118–272, § 2215(3)(A), inserted ‘‘or can otherwise document that no local matching funds are reasonably obtainable’’ after ‘‘or political subdivi- sion’’. Subsec. (c)(3). Pub. L. 118–272, § 2215(3)(B), substituted ‘‘section 3143 or 3147 of this title’’ for ‘‘section 3147 of this title’’ and ‘‘project.’’ for ‘‘project if the Secretary determines that the project funded by the grant merits, and is not feasible without, such an increase.’’ Subsec. (c)(4). Pub. L. 118–272, § 2215(3)(C), added par. (4). 2004—Subsec. (a). Pub. L. 108–373, § 202(a), added sub- sec. (a) and struck out heading and text of former sub- sec. (a). Text read as follows: ‘‘Subject to section 3145 of this title, the amount of a grant for a project under this subchapter shall not exceed 50 percent of the cost of the project.’’ Subsec. (b). Pub. L. 108–373, § 202(b), inserted ‘‘assump- tions of debt,’’ after ‘‘equipment,’’. Subsec. (c). Pub. L. 108–373, § 202(c), added subsec. (c). 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. § 3145. Supplementary grants (a) Definition of designated Federal grant pro- gram In this section, the term ‘‘designated Federal grant program’’ means any Federal grant pro- gram that— (1) provides assistance in the construction or equipping of public works, public service, or development facilities; (2) the Secretary designates as eligible for an allocation of funds under this section; and (3) assists projects that are— (A) eligible for assistance under this sub- chapter; and (B) consistent with a comprehensive eco- nomic development strategy. (b) Supplementary grants Subject to subsection (c), in order to assist eli- gible recipients in taking advantage of des- ignated Federal grant programs, on the applica- tion of an eligible recipient, the Secretary may make a supplementary grant for a project for which the recipient is eligible but for which the recipient cannot provide the required non-Fed- eral share because of the economic situation of the recipient. (c) Requirements applicable to supplementary grants (1) Amount of supplementary grants The share of the project cost supported by a supplementary grant under this section may not exceed the applicable Federal share under section 3144 of this title. (2) Form of supplementary grants The Secretary shall make supplementary grants by— (A) the payment of funds made available under this chapter to the heads of the Fed- eral agencies responsible for carrying out the applicable Federal programs; or (B) the award of funds under this chapter, which will be combined with funds trans- ferred from other Federal agencies in projects administered by the Secretary. (3) Federal share limitations specified in other laws Notwithstanding any requirement as to the amount or source of non-Federal funds that may be applicable to a Federal program, funds provided under this section may be used to in- crease the Federal share for specific projects under the program that are carried out in areas described in section 3161(a) of this title above the Federal share of the cost of the project authorized by the law governing the program. (Pub. L. 89–136, title II, § 205, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3603; amended Pub. L. 108–373, title II, § 203, Oct. 27, 2004, 118 Stat. 1760.) Editorial Notes AMENDMENTS 2004—Subsec. (b). Pub. L. 108–373, § 203(a), added sub- sec. (b) and struck out heading and text of former sub- sec. (b). Text read as follows: ‘‘(1) IN GENERAL.—On the application of an eligible re- cipient, the Secretary may make a supplementary grant for a project for which the eligible recipient is el- igible but, because of the eligible recipient’s economic situation, for which the eligible recipient cannot pro- vide the required non-Federal share. ‘‘(2) PURPOSES OF GRANTS.—Supplementary grants under paragraph (1) may be made for purposes that shall include enabling eligible recipients to use— ‘‘(A) designated Federal grant programs; and ‘‘(B) direct grants authorized under this sub- chapter.’’ Subsec. (c)(1), (2). Pub. L. 108–373, § 203(b)(1), added pars. (1) and (2) and struck out former pars. (1) and (2), which read as follows: ‘‘(1) AMOUNT OF SUPPLEMENTARY GRANTS.—Subject to paragraph (4), the amount of a supplementary grant under this subchapter for a project shall not exceed the applicable percentage of the cost of the project estab- lished by regulations promulgated by the Secretary, ex- cept that the non-Federal share of the cost of a project (including assumptions of debt) shall not be less than 20 percent. ‘‘(2) FORM OF SUPPLEMENTARY GRANTS.—In accordance with such regulations as the Secretary may promul- gate, the Secretary shall make supplementary grants by increasing the amounts of grants authorized under this subchapter or by the payment of funds made avail- able under this chapter to the heads of the Federal agencies responsible for carrying out the applicable Federal programs.’’ Subsec. (c)(4). Pub. L. 108–373, § 203(b)(2), struck out heading and text of par. (4). Text read as follows: ‘‘(A) INDIAN TRIBES.—In the case of a grant to an In- dian tribe, the Secretary may reduce the non-Federal share below the percentage specified in paragraph (1) or may waive the non-Federal share. ‘‘(B) CERTAIN STATES, POLITICAL SUBDIVISIONS, AND NONPROFIT ORGANIZATIONS.—In the case of a grant to a State, or a political subdivision of a State, that the Secretary determines has exhausted its effective taxing and borrowing capacity, or in the case of a grant to a nonprofit organization that the Secretary determines has exhausted its effective borrowing capacity, the Sec- retary may reduce the non-Federal share below the per- centage specified in paragraph (1).’’ Page 5854 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3146 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. § 3146. Regulations on relative needs and alloca- tions In promulgating rules, regulations, and proce- dures for assistance under this subchapter, the Secretary shall ensure that— (1) the relative needs of eligible areas are given adequate consideration by the Sec- retary, as determined based on, among other relevant factors— (A) the severity of the rates of unemploy- ment in the eligible areas and the duration of the unemployment; (B) the per capita income levels, the labor force participation rate, and the extent of underemployment in eligible areas; and (C) the outmigration of population from eligible areas and the extent to which the outmigration is causing economic injury in the eligible areas; (2) allocations of assistance under this sub- chapter 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 fac- tor in allocating the assistance; (3)(A) rural and urban economically dis- tressed areas are not harmed by the establish- ment or implementation by the Secretary of a private sector leveraging goal for a project under this subchapter; (B) any private sector leveraging goal estab- lished by the Secretary does not prohibit or discourage grant applicants under this sub- chapter from public works in, or economic de- velopment of, rural or urban economically dis- tressed 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 subchapter pro- mote job creation and retention and will have a high probability of meeting or exceeding ap- plicable performance requirements established in connection with the grants. (Pub. L. 89–136, title II, § 206, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3604; amended Pub. L. 108–373, title II, § 204, Oct. 27, 2004, 118 Stat. 1761; Pub. L. 118–272, div. B, title II, § 2216, Jan. 4, 2025, 138 Stat. 3181.) Editorial Notes AMENDMENTS 2025—Par. (1)(B). Pub. L. 118–272, § 2216(1), added sub- par. (B) and struck out former subpar. (B) which read as follows: ‘‘the income levels and the extent of under- employment in eligible areas; and’’. Par. (4). Pub. L. 118–272, § 2216(2), inserted ‘‘and reten- tion’’ after ‘‘creation’’. 2004—Pars. (3), (4). Pub. L. 108–373 added pars. (3) and (4). 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. § 3147. Grants for training, research, and tech- nical assistance (a) In general (1) Grants On the application of an eligible recipient, the Secretary may make grants for training, research, and technical assistance, including grants for program evaluation and economic impact analyses, that would be useful in alle- viating or preventing conditions of excessive unemployment or underemployment. (2) Types of assistance Grants under paragraph (1) may be used for— (A) project planning, project predevelopment, and feasibility studies; (B) demonstrations of innovative activities or strategic economic development invest- ments; (C) management and operational assist- ance; (D) establishment of university centers; (E) establishment of business outreach centers; (F) studies evaluating the needs of, and de- velopment potential for, economic growth of areas that the Secretary determines have substantial need for the assistance; (G) studies that evaluate the effectiveness of coordinating projects funded under this chapter with projects funded under other Acts; (H) assessment, marketing, and establish- ment of business clusters; and (I) other activities determined by the Sec- retary to be appropriate. (3) Cooperation requirement In the case of a project assisted under this section that is national or regional in scope, the Secretary may waive the provision in sec- tion 3122(6)(A)(vi) of this title requiring a non- profit organization or association to act in co- operation with officials of a political subdivi- sion of a State. (b) Methods of provision of assistance In providing research and technical assistance under this section, the Secretary, in addition to making grants under subsection (a), may— (1) provide research and technical assistance through officers or employees of the Depart- ment; (2) pay funds made available to carry out this section to Federal agencies; or (3) employ private individuals, partnerships, businesses, corporations, or appropriate insti- tutions under contracts entered into for that purpose. (c) University centers (1) Establishment In accordance with subsection (a)(2)(D), the Secretary may make grants to institutions of