Title 42 — The Public Health and Welfare
Chapter 38 — Public Works and Economic Development
§ 3151. Use of funds in projects constructed under projected cost
Statutory text
In general
In the case of a grant to a recipient for a construction project under section 3141 or 3149 of this title, if the Secretary determines, before closeout of the project, that the cost of the project, based on the designs and specifications that were the basis of the grant, has decreased because of decreases in costs, the Secretary may approve, without further appropriation, the use of the excess funds (or a portion of the excess funds) by the recipient—
to increase the Federal share of the cost of a project under this title to the maximum percentage allowable under section 3144 of this title; or
to improve the project.
Other uses of excess funds
Any amount of excess funds remaining after application of subsection (a) may be used by the Secretary for providing assistance under this chapter.
Transferred funds
In the case of excess funds described in subsection (a) in projects using funds transferred from other Federal agencies pursuant to section 3214 of this title, the Secretary shall—
use the funds in accordance with subsection (a), with the approval of the originating agency; or
return the funds to the originating agency.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Public Works and Economic Development Act of 1965
Pub. L. 89–136 title II § 211 · 79 Stat. 552
Enacted · 42 U.S.C. § 3151
Pub. L. 89–136, title II, § 211, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3606
Source evidence
Code source credit
Pub. L. 89–136, title II, § 211, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3606Pub. L. 108–373 title II § 208 · 118 Stat. 1756
Amended · 42 U.S.C. § 3151
Pub. L. 108–373 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “In any case in which a grant (including a supplementary grant described in section 3145 of this title) has been made by the Secretary under this subchapter (or made under this chapter, as in effect on the day before the effective date of the Economic Development Administration Reform Act of 1998) for a construction project, and, after the grant has been made but before completion of the project, the cost of the project based on the designs and specifications that was the basis of the grant has decreased because of decreases in costs—
Source evidence
Code amendment note
Pub. L. 108–373 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “In any case in which a grant (including a supplementary grant described in section 3145 of this title) has been made by the Secretary under this subchapter (or made under this chapter, as in effect on the day before the effective date of the Economic Development Administration Reform Act of 1998) for a construction project, and, after the grant has been made but before completion of the project, the cost of the project based on the designs and specifications that was the basis of the grant has decreased because of decreases in costs—“(1) the Secretary may approve, subject to the availability of appropriations, the use of the excess funds or a portion of the funds to improve the project; and “(2) any amount of excess funds remaining after application of paragraph (1) shall be deposited in the general fund of the Treasury.”
Enacted provision · exact public law section
SEC. 208. USE OF FUNDS IN PROJECTS CONSTRUCTED UNDER PROJECTED COST. Section 211 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3151) is amended to read as follows: “SEC. 211. USE OF FUNDS IN PROJECTS CONSTRUCTED UNDER PROJECTED COST. “(a) In General.— In the case of a grant to a recipient for a construction project under section 201 or 209, if the Secretary determines, before closeout of the project, that the cost of the project, based on the designs and specifications that were the basis of the grant, has decreased because of decreases in costs, the Secretary may approve, without further appropriation, the use of the excess funds (or a portion of the excess funds) by the recipient— “(1) to increase the Federal share of the cost of a project under this title to the maximum percentage allowable under section 204; or “(2) to improve the project. “(b) Other Uses of Excess Funds.— Any amount of excess funds remaining after application of subsection (a) may be used by the Secretary for providing assistance under this Act. “(c) Transferred Funds.— In the case of excess funds described in subsection (a) in projects using funds transferred from other Federal agencies pursuant to section 604, the Secretary shall— “(1) use the funds in accordance with subsection (a), with the approval of the originating agency; or “(2) return the funds to the originating agency. “(d) Review by Comptroller General.— “(1) Review.— The Comptroller General of the United States shall regularly review the implementation of this section. “(2) Report.— Not later than 1 year after the date of enactment of this subsection, 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 General on implementation of this subsection.” .Legislative Branch Appropriations Act, 2009
Pub. L. 111–8 div. G title I § 1301(b) · 123 Stat. 524
Added · 42 U.S.C. § 3151(d)
Pub. L. 111–8 added subsec. (d)
Struck · 42 U.S.C. § 3151(d)
Pub. L. 111–8 struck out former subsec. (d) which required the Comptroller General to review and report on the implementation of this section
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 111–8 added subsec. (d) and struck out former subsec. (d) which required the Comptroller General to review and report on the implementation of this section.Enacted provision · exact public law section
(b) Use of Funds in Projects Constructed Under Projected Cost.— Section 211(d) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3151(d)) is amended by striking subsection (d) and inserting the following: “(d) Review by Comptroller General.— The Comptroller General of the United States shall regularly review the implementation of this section.” .Legislative Branch Appropriations Act, 2010
Pub. L. 111–68 div. A title I § 1501(a) · 123 Stat. 2023
Struck · 42 U.S.C. § 3151(d)
Pub. L. 111–68 struck out subsec. (d). Text read as follows: “The Comptroller General of the United States shall regularly review the implementation of this section.”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 111–68 struck out subsec. (d). Text read as follows: “The Comptroller General of the United States shall regularly review the implementation of this section.”Enacted provision · exact public law section
(a) Use of Funds in Projects Constructed Under Projected Cost.— Section 211 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3151) is amended by striking subsection (d).
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
Prior sections 3151 and 3151a were repealed by Pub. L. 105–393, § 102(a).
Section 3151, Pub. L. 89–136, title III, § 301, , 79 Stat. 558; Pub. L. 91–123, title III, § 302, , 83 Stat. 219; Pub. L. 93–46, § 3(a), , 87 Stat. 96, authorized technical assistance to alleviate or prevent excessive unemployment or underemployment.
Section 3151a, Pub. L. 89–136, title III, § 302, as added Pub. L. 93–423, § 5(b), , 88 Stat. 1159; amended Pub. L. 94–487, title I, § 110, , 90 Stat. 2333, authorized grants for economic development planning.
Amendments2004–2009 · 2 rounds
2009
Subsec. (d). Pub. L. 111–68 struck out subsec. (d). Text read as follows: “The Comptroller General of the United States shall regularly review the implementation of this section.”
Pub. L. 111–8 added subsec. (d) and struck out former subsec. (d) which required the Comptroller General to review and report on the implementation of this section.
2004
Pub. L. 108–373 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “In any case in which a grant (including a supplementary grant described in section 3145 of this title) has been made by the Secretary under this subchapter (or made under this chapter, as in effect on the day before the effective date of the Economic Development Administration Reform Act of 1998) for a construction project, and, after the grant has been made but before completion of the project, the cost of the project based on the designs and specifications that was the basis of the grant has decreased because of decreases in costs—
“(1) the Secretary may approve, subject to the availability of appropriations, the use of the excess funds or a portion of the funds to improve the project; and
“(2) any amount of excess funds remaining after application of paragraph (1) shall be deposited in the general fund of the Treasury.”
Statutory Notes and Related Subsidiaries
Effective Date
Section effective , see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
Credits
1998–2009 · 4 acts
- 1998Pub. L. 89–136, title II, § 211, as added Pub. L. 105–393, title I, § 102(a), , 112 Stat. 3606
- 2004amended Pub. L. 108–373, title II, § 208, , 118 Stat. 1763
- 2009Pub. L. 111–8, div. G, title I, § 1301(b), , 123 Stat. 829
- 2009Pub. L. 111–68, div. A, title I, § 1501(a), , 123 Stat. 2041.
Show as published
(Pub. L. 89–136, title II, § 211, as added Pub. L. 105–393, title I, § 102(a), , 112 Stat. 3606; amended Pub. L. 108–373, title II, § 208, , 118 Stat. 1763; Pub. L. 111–8, div. G, title I, § 1301(b), , 123 Stat. 829; Pub. L. 111–68, div. A, title I, § 1501(a), , 123 Stat. 2041.)