Page:United States Statutes at Large Volume 118.djvu/1794

 118 STAT. 1764 PUBLIC LAW 108–373—OCT. 27, 2004 ‘‘(B) assist in providing useful employment opportuni ties for the unemployed or underemployed residents in the area. ‘‘(c) NOTIFICATION.—At the time of the designation under sub section (a), the Secretary shall submit to the Committee on Environ ment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice of the designation, including a justification for the designation.’’. (b) CONFORMING AMENDMENT.—The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 note) is amended by inserting after the item relating to section 213 the following: ‘‘Sec. 214. Special impact areas.’’. SEC. 210. PERFORMANCE AWARDS. (a) IN GENERAL.—Title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended by section 209) is amended by adding at the end the following: ‘‘SEC. 215. PERFORMANCE AWARDS. ‘‘(a) IN GENERAL.—The Secretary may make a performance award in connection with a grant made, on or after the date of enactment of this section, to an eligible recipient for a project under section 201 or 209. ‘‘(b) PERFORMANCE MEASURES.— ‘‘(1) REGULATIONS.—The Secretary shall promulgate regula tions to establish performance measures for making perform ance 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.—A recipient of a performance award under subsection (a) may use the award for any eligible purpose under this Act, in accordance with section 602 and such regulations as the Secretary may promulgate. ‘‘(e) FEDERAL SHARE.—Notwithstanding section 204, the funds of a performance award may be used to pay up to 100 percent of the cost of an eligible project or activity. 42 USC 3154a.

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