Page:United States Statutes at Large Volume 108 Part 3.djvu/108

 108 STAT. 1860 PUBLIC LAW 103-322—SEPT. 13, 1994 government was more or less than the amount required to be paid. . "(2) CONSIDERATIONS.—The Secretary may increase or decrease under this subsection a payment to a unit of local government only if the Secretary determines the need for the increase or decrease, or the unit requests the increase or decrease, within one year after the end of the payment period for which the payment was made. "(d) RESERVATION FOR ADJUSTMENTS.— The Secretary may reserve a percentage of not more than 2 percent of the amount under this section for a payment period for £dl units of general local government in a State if the Secretary considers the reserve is necessary to ensure the availability of sufficient amounts to pay adjustments after the final allocation of amounts among the units of general local government in the State. " (e) REPAYMENT OF UNEXPENDED AMOUNTS.— "(1) REPAYMENT REQUIRED.—^A unit of general local government shall repay to the Secretary, by not later than 15 months after receipt from the Secretary, any amount that is— "(A) paid to the unit from amounts appropriated under the authority of this section; and "(B) not expended by the unit within one year after receipt from the Secretary. "(2) PENALTY FOR FAILURE TO REPAY. — If the amount required to be repaid is not repaid, the Secretary shall reduce payments in future pa3anent periods accordingly. "(3) DEPOSIT OF AMOUNTS REPAID.— Amounts received by the Secretary as repayments under this subsection shall be deposited in the Local Government Fiscal Assistsmce Fund for future payments to units of general local government. "(f) EXPENDITURE WITH DISADVANTAGED BUSINESS ENTER- PRISES.— "(1) GENERAL RULE. —Of amounts paid to a unit of general local government under this chapter for a payment period, not less than 10 percent of the total combined amounts obligated by the unit for contracts and subcontracts shall be expended with— "(A) small business concerns controlled by socially and economically disadvantaged individuals and women; and "(B) historically Black colleges and universities and colleges and universities having a student body in which more than 20 percent of the students are Hispanic Americans or Native Americans. "(2) EXCEPTION. —Paragraph (1) shall not apply to amounts paid to a unit of general local government to the extent the unit determines that the paragraph does not apply through a process that provides for public participation. "(3) DEFINITIONS. —For purposes of this subsection— "(A) the term 'small business concern' has the meaning such term has under section 3 of the Small Business Act; and "(B) the term 'socially and economically disadvantaged individuals' has the meaning such term has under section 8(d) of the Small Business Act and relevant subcontracting regulations promulgated pursuant to that section. "(g) NONSUPPLANTING REQUIREMENT.—

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