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20 U.S.C. § 1226b — Availability of appropriations on academic or school-year basis; additional period for obligation of funds
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341/a&num=0&edition=prelim) and become available for obligation aft
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Source file: Laws/federal/codes/united-states-code/title-20/section-1226b-availability-of-appropriations-on-academic-or-school-year-basis-addition--a576505924.md
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Source location: Title 20, Chapter 31, § 1226b; chapter-031-general-provisions-concerning-education.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341/a&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 90–247, title IV, § 426, formerly § 420, as added Pub. L. 93–380, title II, § 252, Aug. 21, 1974, 88 Stat. 519; renumbered § 426 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 261(b), Oct. 20, 1994, 108 Stat. 3913, 3927; Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1808(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–382; Pub. L. 114–95, title IX, § 9215(mm)(2), Dec. 10, 2015, 129 Stat. 2176, prohibited use of appropriated funds for busing.
A prior section 426 of Pub. L. 90–247 was renumbered section 433, and is classified to [section 1231c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1231c&num=0&edition=prelim).
Another prior section 426 of Pub. L. 90–247 was renumbered section 435, and is classified to [section 1231e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1231e&num=0&edition=prelim).
Another prior section 426 of Pub. L. 90–247 was renumbered section 436, and was classified to [section 1232e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232e&num=0&edition=prelim) prior to repeal by Pub. L. 95–561.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 90–247, title IV, § 426A, as added Pub. L. 95–561, title XII, § 1202, Nov. 1, 1978, 92 Stat. 2334; amended Pub. L. 96–88, title III, § 301(a)(1), (b)(2), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 678, 692, related to equalization assistance.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1232
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Recipients entitled to review; stay of action by Secretary** Any recipient of funds under an applicable program that would be adversely affected by a final agency action under section 1234a, 1234d, or 1234e of this title, and any State entitled to receive funds under a program described in [section 1232d(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232d/a&num=0&edition=prelim) whose application has been disapproved by the Secretary, shall be entitled to judicial review of such action in accordance with the provisions of this section. The Secretary may not take any action on the basis of a final agency action until judicial review is completed.
**(b) Petition for review; filing of record** A recipient that desires judicial review of an action described in subsection (a) shall, within 60 days of that action, file with the United States Court of Appeals for the circuit in which that recipient is located, a petition for review of such action. A copy of the petition shall be transmitted by the clerk of the court to the Secretary. The Secretary shall file in the court the record of the proceedings on which the action was based, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
**(c) Findings of fact** The findings of fact by the Office, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Office to take further evidence, and the Office may make new or modified findings of fact and may modify its previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if suppor
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1226a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Records kept by recipient; full disclosure; maintenance period** Each recipient of Federal funds under any applicable program through any grant, subgrant, cooperative agreement, loan, or other arrangement shall keep records which fully disclose the amount and disposition by the recipient of those funds, the total cost of the activity for which the funds are used, the share of that cost provided from other sources, and such other records as will facilitate an effective financial or programmatic audit. The recipient shall maintain such records for three years after the completion of the activity for which the funds are used.
**(b) Audit examination** The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit examination, to any records maintained by a recipient that may be related, or pertinent to, grants, subgrants, cooperative agreements, loans, or other arrangements to which reference is made in subsection (a), or which may relate to the compliance of the recipient with any requirement of an applicable program.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Biennial reports; contents** Each State educational agency shall submit to the Secretary a report on or before March 15 of every second year. Each such report shall include—
(1) information with respect to the uses of Federal funds in such State in the two preceding fiscal years under any applicable program under the jurisdiction of the State educational agency; and
(2) information with respect to the uses of Federal funds in such State in the two preceding fiscal years under any Federal program administered by the State that provided grants or contracts to a local educational agency in the State.
**(b) Additional contents** Each report submitted under subsection (a) shall—
(1) list, with respect to each program for which information is provided, all grants made to and contracts entered into with local educational agencies and other public and private agencies and institutions within the State during each fiscal year concerned;
(2) analyze the information included in the report by local educational agency and by program;
(3) include the total amount of funds available to the State under each such program for each fiscal year concerned; and
(4) be made readily available by the State to local educational agencies and institutions within the State and to the public.
**(c) Delinquent or incomplete reports** If the Secretary does not receive a report by the date required under subsection (a), or receives an incomplete report, the Secretary, not later than 30 days after such report is required to be submitted, shall take all reasonable measures to obtain the delinquent or incomplete information from the State educational agency.
**(d) Availability of information** When the Secretary receives a report required under subsection (a), the Secretary shall provide su
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Federal law — U.S. Code and appendices · legal_authorities
Page 889
TITLE 20—EDUCATION
§ 1226b
(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; re-
numbered § 422 and amended Pub. L. 103–382, title
II, §§ 212(b)(1), 233, Oct. 20, 1994, 108 Stat. 3913,
3915.)
Editorial Notes
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 renum-
bered section 438, and is classified to section 1232a of
this title.
AMENDMENTS
1994—Pub. 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 du-
ration 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.
Statutory Notes and Related Subsidiaries
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, pro-
vided that: ‘‘Section 422 of the General Education Pro-
visions 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
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1226b
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