[USC02] 20 USC CHAPTER 31, SUBCHAPTER II, Part 1: Appropriations
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20 USC CHAPTER 31, SUBCHAPTER II, Part 1: Appropriations
From Title 20—EDUCATIONCHAPTER 31—GENERAL PROVISIONS CONCERNING EDUCATIONSUBCHAPTER II—APPROPRIATIONS AND EVALUATIONS

Part 1—Appropriations

Codification

Pub. L. 93–380, title V, §506(a)(1)(A), Aug. 21, 1974, 88 Stat. 562, added part 1 heading.

§1222. Repealed. Pub. L. 93–380, title V, §506(a)(1)(B), Aug. 21, 1974, 88 Stat. 562

Section, Pub. L. 90–247, title IV, §411, formerly §402, Jan. 2, 1968, 81 Stat. 814; amended Pub. L. 91–230, title IV, §401(a)(3), Apr. 13, 1970, 84 Stat. 165; renumbered §411, Pub. L. 92–318, title III, §301(a)(1), June 23, 1972, 86 Stat. 326, provided for program planning and evaluation and report to Congressional committees.

Effective Date of Repeal

Section repealed effective Aug. 21, 1974, see section 506(b) of Pub. L. 93–380, set out as an Effective Date of 1974 Amendment note under section 1225 of this title.

§1223. Forward funding

(a) To the end of affording the responsible Federal, State, and local officers adequate notice of available Federal financial assistance for carrying out ongoing education activities and projects, appropriations for grants, contracts, or other payments under any applicable program are authorized to be included in the appropriations Act for the fiscal year preceding the fiscal year during which such activities and projects shall be carried out.

(b) In order to effect a transition to the timing of appropriation action authorized by subsection (a), the application of this section may result in the enactment, in a fiscal year, of separate appropriations for an applicable program (whether in the same appropriations Act or otherwise) for two consecutive fiscal years.

(Pub. L. 90–247, title IV, §420, formerly §403, Jan. 2, 1968, 81 Stat. 814; Pub. L. 91–230, title IV, §401(a)(4), Apr. 13, 1970, 84 Stat. 165; renumbered §412, Pub. L. 92–318, title III, §301(a)(1), June 23, 1972, 86 Stat. 326; renumbered §411, Pub. L. 93–380, title V, §506(a)(1)(C), Aug. 21, 1974, 88 Stat. 562; renumbered §420 and amended Pub. L. 103–382, title II, §§212(b)(1), 231, Oct. 20, 1994, 108 Stat. 3913, 3914.)

Prior Provisions

A prior section 420 of Pub. L. 90–247 was renumbered section 426, and is classified to section 1228 of this title.

Amendments

1994Pub. L. 103–382, §231, amended section generally. Prior to amendment, section read as follows: "To the end of affording the responsible State, local, and Federal officers concerned adequate notice of available Federal financial assistance for education, appropriations for grants, contracts, or other payments under any applicable program are authorized to be included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation. In order to effect a transition to this method of timing appropriation action, the preceding sentence shall apply notwithstanding that its initial application under such program will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year."

1970Pub. L. 91–230 substituted "applicable program" and "under such program" for "Act referred to in section 1221 of this title" and "under any such Act", respectively.

National Policy With Respect to Advance Funding of Education Programs

Pub. L. 93–380, title VIII, §802, Aug. 21, 1974, 88 Stat. 597, provided that: "The Congress declares it to be the policy of the United States to implement immediately and continually section 411 [now 420] of the General Education Provisions Act [this section], relating to advance funding for education programs, so as to afford responsible State, local, and Federal officers adequate notice of available Federal financial assistance for education authorized under this [Act, Pub. L. 93–380, see Short Title of 1974 Amendment note set out under section 6301 of this title] and other Acts of Congress."

Provision effective on and after sixtieth day after Aug. 21, 1974, see section 2(c) of Pub. L. 93–380, set out as an Effective Date note under section 1221–1 of this title.

§1224. Repealed. Pub. L. 93–380, title V, §506(a)(1)(B), Aug. 21, 1974, 88 Stat. 562

Section, Pub. L. 90–247, title IV, §413, formerly §404, Jan. 2, 1968, 81 Stat. 814; amended Pub. L. 91–230, title IV, §401(a)(5), (6), Apr. 13, 1970, 84 Stat. 165; renumbered §413, Pub. L. 92–318, title III, §301(a)(1), June 23, 1972, 86 Stat. 326, provided for annual evaluation reports to Congressional committees, penultimate fiscal year reports, and contingent extension of expiring appropriation authority.

Effective Date of Repeal

Repeal effective Aug. 21, 1974, see section 506(b) of Pub. L. 93–380, set out as an Effective Date of 1974 Amendment note under section 1225 of this title.

§1225. Availability of appropriations on academic or school-year basis; additional period for obligation of funds

(a) Academic or differing fiscal year

Appropriations for any fiscal year for grants, loans, contracts, or other payments under any applicable program may, in accordance with regulations of the Secretary, be made available for obligation by the recipient on the basis of an academic or school year differing from such fiscal year.

(b) Succeeding fiscal year

(1) Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds from appropriations to carry out any programs to which this chapter is applicable during any fiscal year, which are not obligated and expended by educational agencies or institutions prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and expenditure by such agencies and institutions during such succeeding fiscal year.

(2) Any funds under any applicable program which, pursuant to paragraph (1), are available for obligation and expenditure in the year succeeding the fiscal year for which they were appropriated shall be obligated and expended in accordance with—

(A) the Federal statutory and regulatory provisions relating to such program which are in effect for such succeeding fiscal year, and

(B) any program plan or application submitted by such educational agencies or institutions for such program for such succeeding fiscal year.

(c) Institution of judicial proceedings

If any funds appropriated to carry out any applicable program are not obligated pursuant to a spending plan submitted in accordance with section 1341(a) of title 31 and become available for obligation after the institution of a judicial proceeding seeking the release of such funds, then such funds shall be available for obligation and expenditure until the end of the fiscal year which begins after the termination of such judicial proceeding.

(Pub. L. 90–247, title IV, §421, formerly §405, Jan. 2, 1968, 81 Stat. 815; Pub. L. 91–230, title IV, §401(a)(5), (7), (8), Apr. 13, 1970, 84 Stat. 165; renumbered §414, Pub. L. 92–318, title III, §301(a)(1), June 23, 1972, 86 Stat. 326; renumbered §412, and amended Pub. L. 93–380, title V, §506(a)(1)(D), (E), Aug. 21, 1974, 88 Stat. 562; Pub. L. 94–273, §3(12), Apr. 21, 1976, 90 Stat. 376; Pub. L. 95–112, §5, Sept. 24, 1977, 91 Stat. 912; Pub. L. 95–561, title XII, §1245, Nov. 1, 1978, 92 Stat. 2354; renumbered §421 and amended Pub. L. 103–382, title II, §§212(b)(1), 232, Oct. 20, 1994, 108 Stat. 3913, 3914.)

Prior Provisions

A prior section 421 of Pub. L. 90–247 was classified to section 1230 of this title prior to repeal by Pub. L. 103–382.

Another prior section 421 of Pub. L. 90–247 was renumbered section 430, and is classified to section 1231 of this title.

Another prior section 421 of Pub. L. 90–247 was renumbered section 437, and is classified to section 1232 of this title.

Amendments

1994Pub. L. 103–382, §232(a), amended section catchline generally.

Subsec. (a). Pub. L. 103–382, §232(b)(1), struck out "to educational agencies or institutions" after "other payments" and substituted "obligation" for "expenditure" and "recipient" for "agency or institution concerned".

Subsec. (b). Pub. L. 103–382, §232(b)(2), which directed the substitution in the original of "(b)(1) Notwithstanding" for "(b) Notwithstanding", could not be executed because the original already reads "(b)(1) Notwithstanding".

Subsec. (c). Pub. L. 103–382, §232(b)(3), substituted reference to section 1341(a) of title 31 for reference to section 3679(d)(2) of the Revised Statutes.

1978—Subsec. (b). Pub. L. 95–561 struck out "ending prior to October 1, 1979," after "applicable during any fiscal year," in existing provisions, designated existing provisions as thus amended as par. (1), and added par. (2).

1977—Subsec. (b). Pub. L. 95–112 substituted "October 1, 1979" for "October 1, 1978".

1976—Subsec. (b). Pub. L. 94–273 substituted "October" for "July".

1974—Subsec. (b). Pub. L. 93–380, §506(a)(1)(E), substituted "1978" for "1973" and inserted "by educational agencies or institutions" and "by such agencies and institutions" after "obligated and expended" and "obligation and expenditure", respectively.

Subsec. (c). Pub. L. 93–380, §506(a)(1)(E), added subsec. (c).

1970Pub. L. 91–230 substituted "applicable program" for "Act referred to in section 1221 of this title", inserted "loans," after "grants," designated existing provisions as thus amended as subsec. (a), and added subsec. (b).

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–561 effective Oct. 1, 1978, but the provisions of subsec. (b)(2) of this section not to take effect with respect to the use of funds under former section 3101 of this title until Oct. 1, 1980, except at the option of local educational agencies, see section 1530 of Pub. L. 95–561, as amended, set out as a note under section 1221e–3 of this title.

Effective Date of 1974 Amendment

Pub. L. 93–380, title V, §506(b), Aug. 21, 1974, 88 Stat. 565, provided that: "The amendments made by subsection (a) of this section [enacting sections 1226a to 1226d of this title, amending this section and section 1227 of this title, and repealing sections 1222 and 1224 of this title] shall become effective on the date of enactment of this Act [Aug. 21, 1974]."

Indochinese Refugee Children Education Assistance Programs; Applicability of Contingent Extension Provisions

Pub. L. 94–482, title III, §327, Oct. 12, 1976, 90 Stat. 2220, provided that: "The provisions of section 414 [now 422] of the General Education Provisions Act [section 1226a of this title], relating to the contingent extension of applicable programs, shall not apply to the Indochina Refugee Children Assistance Act of 1976 [former section 1211b of this title], or to any program of financial assistance for educational purposes for Indochinese refugee children."

§1226. Repealed. Pub. L. 103–382, title II, §212(a)(1), Oct. 20, 1994, 108 Stat. 3913

Section, Pub. L. 90–247, title IV, §413, formerly §406, as added Pub. L. 90–576, title III, §301(b), Oct. 16, 1968, 82 Stat. 1094; amended Pub. L. 91–230, title IV, §401(a)(9), Apr. 13, 1970, 84 Stat. 166; renumbered §415, Pub. L. 92–318, title III, §301(a)(1), June 23, 1972, 86 Stat. 326; renumbered §413, Pub. L. 93–380, title V, §506(a)(2)(A), Aug. 21, 1974, 88 Stat. 563, related to availability of appropriations.

§1226a. Contingent extension of programs

(a) Automatic extension

The authorization of appropriations for, or duration of, an applicable program shall be automatically extended for one additional fiscal year unless Congress, in the regular session that ends prior to the beginning of the terminal fiscal year of such authorization or duration, has passed legislation that becomes law and extends or repeals the authorization or duration of such program.

(b) Amount of appropriation

The amount authorized to be appropriated for the period of automatic extension under subsection (a) of an applicable program shall be the amount authorized to be appropriated for such program for the terminal fiscal year of the applicable program.

(c) Acts and determinations necessary for program continuation

If the Secretary is required, in the terminal fiscal year of an applicable program, to carry out certain acts or make certain determinations that are necessary for the continuation of such program, such acts or determinations shall be required to be carried out or made during the period of automatic extension under subsection (a).

(d) Application to commissions, councils, and committees required by law to terminate

This section shall not apply to the authorization of appropriations for a commission, council, or committee which is required by an applicable statute to terminate on a date certain.

(Pub. L. 90–247, title IV, §422, formerly §414, as added Pub. L. 93–380, title V, §506(a)(2)(B), Aug. 21, 1974, 88 Stat. 563; amended Pub. L. 96–374, title XIII, §1301, Oct. 3, 1980, 94 Stat. 1496; renumbered §422 and amended Pub. L. 103–382, title II, §§212(b)(1), 233, Oct. 20, 1994, 108 Stat. 3913, 3915.)

Prior Provisions

A prior section 422 of Pub. L. 90–247 was renumbered section 431, and is classified to section 1231a of this title.

Another prior section 422 of Pub. L. 90–247 was renumbered section 438, and is classified to section 1232a of this title.

Amendments

1994Pub. L. 103–382, §233, amended section generally, revising and restating former subsecs. (a) and (b) as subsecs. (a) to (c) and adding subsec. (d).

1980—Subsec. (a). Pub. L. 96–374 inserted provisions for the automatic extension of an authorization or duration of two additional fiscal years for any applicable program authorized to be included in the Appropriation Act for the fiscal year preceding the fiscal year for which appropriations are available for obligation.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–374 effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96–374, set out as a note under section 1001 of this title.

Additional Extensions Not Permitted

Pub. L. 114–105, §2(c), Dec. 18, 2015, 129 Stat. 2220, provided that: "Section 422 of the General Education Provisions Act (20 U.S.C. 1226a) shall not apply to further extend the duration of the authority under paragraph (1) of section 461(b) of the Higher Education Act of 1965 (20 U.S.C. 1087aa(b)), as amended by subsection (a)(1) of this section, beyond September 30, 2017, on the basis of the extension under such subsection."

Indochinese Refugee Children Education Assistance Programs; Applicability of Contingent Extension Provisions

Applicability of contingent extension provisions to any program of financial assistance for educational purposes for Indochinese refugee children, see section 327 of Pub. L. 94–482, set out as a note under section 1225 of this title.

Limitation on Extension of Programs

Pub. L. 94–328, §2(d), June 30, 1976, 90 Stat. 727, provided that: "The amendments made by this section [amending sections 1070a, 1074, 1078 and 1078a of this title] shall not be deemed to authorize the automatic extension of the programs so amended, under section 414 [now 422] of the General Education Provisions Act [this section], beyond the date specified in such amendments."

§1226a–1. Payments; installments, advances or reimbursement, and adjustments

Payments pursuant to grants or contracts under any applicable program may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Secretary may determine.

(Pub. L. 90–247, title IV, §423, formerly §425, as added Pub. L. 91–230, title IV, §401(a)(10), Apr. 13, 1970, 84 Stat. 170; renumbered §435, Pub. L. 92–318, title III, §301(a)(1), June 23, 1972, 86 Stat. 326; renumbered §415, Pub. L. 95–561, title XII, §1231(a)(1), Nov. 1, 1978, 92 Stat. 2342; renumbered §423 and amended Pub. L. 103–382, title II, §§212(b)(1), 261(a), Oct. 20, 1994, 108 Stat. 3913, 3927.)

Codification

Section was formerly classified to section 1232d of this title prior to its renumbering by Pub. L. 95–561.

Prior Provisions

A prior section 423 of Pub. L. 90–247 was classified to section 1231b of this title prior to repeal by Pub. L. 103–382.

Another prior section 423 of Pub. L. 90–247 was renumbered section 439, and is classified to section 1232b of this title.

Amendments

1994Pub. L. 103–382, §261(a), substituted "Secretary" for "Commissioner".