42 USC § 3154a - Performance awards

---
identifier: "/us/usc/t42/s3154a"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 3154a - Performance awards"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "3154a"
section_name: "Performance awards"
chapter_number: 38
chapter_name: "PUBLIC WORKS AND ECONOMIC DEVELOPMENT"
subchapter_number: "II"
subchapter_name: "GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 89–136, title II, § 215, as added Pub. L. 108–373, title II, § 210(a), Oct. 27, 2004, 118 Stat. 1764.)"
---


# § 3154a. Performance awards

**(a)** **In general** October 27, 2004

The Secretary may make a performance award in connection with a grant made, on or after , 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** section 3212 of this title

A recipient of a performance award under subsection (a) may use the award for any eligible purpose under this chapter, in accordance with  and such regulations as the Secretary may promulgate.

**(e)** **Federal share** section 3144 of this title

Notwithstanding , 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** section 3213 of this title

The Secretary shall include information regarding performance awards made under this section in the annual report required under .

**(j)** **Review by Comptroller General**

**(1)** **Review** The Comptroller General shall regularly review the implementation of this section.

**(2)** **Report** October 27, 2004

Not later than 1 year after , 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.

---

**Source Credit**: (Pub. L. 89–136, title II, § 215, as added Pub. L. 108–373, title II, § 210(a), Oct. 27, 2004, 118 Stat. 1764.)