---
kind: "section"
citation: "42 U.S.C. § 3154a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "3154a"
heading: "Performance awards"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/3154a"
units:
  - "Chapter 38 — Public Works and Economic Development"
  - "Subchapter II — Grants for Public Works and Economic Development"
---

# §3154a. Performance awards

- (a) **In general—** The [Secretary](/usc/42/3122.md?p=13) may make a performance award in connection with a [grant](/usc/42/3122.md?p=8) made, on or after October 27, 2004, to an [eligible recipient](/usc/42/3122.md?p=6-A) for a [project](/usc/42/13641.md?p=2) under section [3141](/usc/42/3141.md) or [3149](/usc/42/3149.md) of this title.
- (b) **Performance measures—**
  - (1) **Regulations—** The [Secretary](/usc/42/3122.md?p=13) shall promulgate regulations to establish performance measures for making performance awards under [subsection (a)](#a).
  - (2) **Considerations—** In promulgating regulations under [paragraph (1)](#b-1), the [Secretary](/usc/42/3122.md?p=13) 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](/usc/42/3122.md?p=13) determines to be appropriate.
- (c) **Amount of awards—**
  - (1) **In general—** The [Secretary](/usc/42/3122.md?p=13) shall base the amount of a performance award made under [subsection (a)](#a) in connection with a [grant](/usc/42/3122.md?p=8) on the extent to which a recipient meets or exceeds performance measures established in connection with the [grant](/usc/42/3122.md?p=8).
  - (2) **Maximum amount—** The amount of a performance award may not exceed 10 percent of the amount of the [grant](/usc/42/3122.md?p=8).
- (d) **Use of awards—** A recipient of a performance award under [subsection (a)](#a) may use the award for any eligible purpose under this chapter, in accordance with [section 3212 of this title](/usc/42/3212.md) and such regulations as the [Secretary](/usc/42/3122.md?p=13) may promulgate.
- (e) **Federal share—** Notwithstanding [section 3144 of this title](/usc/42/3144.md), the funds of a performance award may be used to pay up to 100 percent of the cost of an eligible [project](/usc/42/13641.md?p=2) 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)](#a), the [Secretary](/usc/42/3122.md?p=13) shall establish such terms and conditions as the [Secretary](/usc/42/3122.md?p=13) considers to be appropriate.
- (h) **Funding—** The [Secretary](/usc/42/3122.md?p=13) shall use any amounts made available for economic development assistance programs to carry out this section.
- (i) **Reporting requirement—** The [Secretary](/usc/42/3122.md?p=13) shall include information regarding performance awards made under this section in the annual report required under [section 3213 of this title](/usc/42/3213.md).
- (j) **Review by Comptroller General—**
  - (1) **Review—** The Comptroller General shall regularly review 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 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.)