42 U.S.C. § 3146
In promulgating rules, regulations, and procedures for assistance under this subchapter, the
Secretary shall ensure
that—
(1)
the relative needs of
eligible areas are given adequate consideration by the
Secretary, as determined based on, among other relevant
factors—
(A)
the severity of the rates of unemployment 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
(2)
allocations of assistance under this subchapter 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 factor in allocating the assistance;
(3)
(B)
any private sector leveraging goal established by the
Secretary does not prohibit or discourage
grant applicants under this subchapter from public works in, or economic development of, rural or urban
economically distressed 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 promote job creation and retention and will have a high probability of meeting or exceeding applicable performance requirements established in connection with the
grants.
Notes, amendments, and revision history
(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 subpar. (B) and struck out former subpar. (B) which read as follows: “the income levels and the extent of underemployment in eligible areas; and”.
Par. (4). Pub. L. 118–272, § 2216(2), inserted “and retention” 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.