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20 U.S.C. § 1226b — Responsibility of States to furnish infor-

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1226b — Responsibility of States to furnish infor-

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

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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 the extension under such subsection.’’ INDOCHINESE REFUGEE CHILDREN EDUCATION ASSIST- ANCE PROGRAMS; APPLICABILITY OF CONTINGENT EX- TENSION 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, pro- vided 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 amend- ments.’’ § 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 reim- bursement, with necessary adjustments on ac- count 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.) Editorial Notes 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 renum- bered section 439, and is classified to section 1232b of this title. AMENDMENTS 1994—Pub. L. 103–382, § 261(a), substituted ‘‘Secretary’’ for ‘‘Commissioner’’. PART 2—PLANNING AND EVALUATION OF FEDERAL EDUCATION ACTIVITIES Editorial Notes CODIFICATION Pub. L. 93–380, title V, § 506(a)(3)(C), Aug. 21, 1974, 88 Stat. 563, added part 2 heading. § 1226b. Responsibility of States to furnish infor- mation (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 in- clude— (1) information with respect to the uses of Federal funds in such State in the two pre- ceding fiscal years under any applicable pro- gram under the jurisdiction of the State edu- cational agency; and (2) information with respect to the uses of Federal funds in such State in the two pre- ceding 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 edu- cational 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 pro- gram; (3) include the total amount of funds avail- able 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. Page 890 TITLE 20—EDUCATION § 1226c (c) Delinquent or incomplete reports If the Secretary does not receive a report by the date required under subsection (a), or re- ceives an incomplete report, the Secretary, not later than 30 days after such report is required to be submitted, shall take all reasonable meas- ures to obtain the delinquent or incomplete in- formation from the State educational agency. (d) Availability of information When the Secretary receives a report required under subsection (a), the Secretary shall provide such information to the National Center for Education Statistics, and shall make such infor- mation available, at a reasonable cost, to any individual who requests such information. (e) Congressional telecommunications network The Secretary shall consult with the Speaker and Minority Leader of the House of Representa- tives and the Majority and Minority Leaders of the Senate regarding the costs and feasibility of making the information described in subsection (a) available as part of a telecommunications network that is readily accessible to every member of Congress and other interested par- ties. (f) Reports by Secretary On or before August 15 of each year in which reports are submitted under subsection (a), the Secretary shall submit a report to the Com- mittee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate. Such re- port shall include— (1) an analysis of the content and data qual- ity of such reports; (2) a compilation of statistical data derived from such reports; and (3) information obtained by the Secretary with respect to— (A) direct grants made to local educational agencies by the Federal Government; and (B) contracts entered into between such agencies and the Federal Government. (Pub. L. 90–247, title IV, § 424, as added Pub. L. 103–382, title II, § 234, Oct. 20, 1994, 108 Stat. 3915.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in subsecs. (a), (b), and (f) of this section were contained in section 1221e–1a of this title prior to repeal by Pub. L. 103–382. A prior section 1226b, Pub. L. 90–247, title IV, § 416, as added Pub. L. 93–380, title V, § 506(a)(3)(C), Aug. 21, 1974, 88 Stat. 563, related to program planning and evalua- tion, prior to repeal by Pub. L. 103–382, title II, § 212(a)(1), Oct. 20, 1994, 108 Stat. 3913. A prior section 424 of Pub. L. 90–247 was classified to section 1231b–1 of this title prior to repeal by Pub. L. 103–382. Another prior section 424 of Pub. L. 90–247 was renum- bered section 433, and is classified to section 1231c of this title. Another prior section 424 of Pub. L. 90–247 was renum- bered section 434, and was classified to section 1232c of this title prior to repeal by Pub. L. 95–561. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. § 1226c. Biennial evaluation report Not later than March 31, 1995, and every two years after such date, the Secretary shall trans- mit to the Committee on Education and Labor of the House of Representatives and the Com- mittee on Labor and Human Resources of the Senate an evaluation report on the effectiveness of applicable programs in achieving such pro- grams’ legislated intent and purposes during the two preceding fiscal years. Such report shall— (1) contain program profiles that include leg- islative citations, multiyear funding histories, and legislated purposes; (2) contain recent information on the progress being made toward the achievement of program objectives, including listings of program performance indicators, data from performance measurement based on the indi- cators, and information on the costs and bene- fits of the applicable programs being evalu- ated; (3) address significant program activities, such as initiatives for program improvement, regulations, and program monitoring and eval- uation; (4) list the principal analyses and studies supporting the major conclusions in such re- port; (5) be prepared in concise summary form with necessary detailed data and appendixes, including available data to indicate the effec- tiveness of the programs and projects by the race, sex, disability and age of beneficiaries of such programs and projects; and (6) include the results of the program eval- uations conducted in accordance with section 7981 of this title. (Pub. L. 90–247, title IV, § 425, formerly § 417, as added Pub. L. 93–380, title V, § 506(a)(3)(C), Aug. 21, 1974, 88 Stat. 564; amended Pub. L. 95–561, title XII, § 1246(a), (b), Nov. 1, 1978, 92 Stat. 2354; Pub. L. 96–46, § 4(b), Aug. 6, 1979, 93 Stat. 342; Pub. L. 96–374, title XIII, § 1305, Oct. 3, 1980, 94 Stat. 1497; Pub. L. 98–511, title VII, § 705, Oct. 19, 1984, 98 Stat. 2406; renumbered § 425 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 235, Oct. 20, 1994, 108 Stat. 3913, 3916; Pub. L. 103–437, § 7(a)(2), Nov. 2, 1994, 108 Stat. 4587; Pub. L. 107–110, title X, § 1076(h), Jan. 8, 2002, 115 Stat. 2091; Pub. L. 114–95, title IX, § 9215(mm)(1), Dec. 10, 2015, 129 Stat. 2176.) Editorial Notes PRIOR PROVISIONS A prior section 425 of Pub. L. 90–247 was renumbered section 432, and is classified to section 1231b–2 of this title. Another prior section 425 of Pub. L. 90–247 was renum- bered section 434, and is classified to section 1231d of this title. Another prior section 425 of Pub. L. 90–247 was renum- bered section 423, and is classified to section 1226a–1 of this title.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1087aa — Appropriations authorized

**(a) Program authority** The Secretary shall carry out a program assisting in the maintenance of funds at institutions of higher education for the making of loans to undergraduate students in need to pursue their courses of study in such institutions or while engaged in programs of study abroad approved for credit by such institutions. Loans made under this part shall be known as “Federal Perkins Loans”. **(b) Authority to make loans** (1) **In general** (A) *Loans for new undergraduate Federal Perkins Loan borrowers* — Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has no outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Loans, as referenced under subparagraphs (A) and (D) of [section 1087e(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087e/a/2&num=0&edition=prelim), for which such undergraduate student is eligible. (B) *Loans for current undergraduate Federal Perkins Loan borrowers* — Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has an outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Stafford Loans as referenced under [section 1087e(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=g

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1087aa — Appropriations authorized

Page 579 TITLE 20—EDUCATION § 1087aa 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–171 effective July 1, 2006, except as otherwise provided, see section 8001(c) of Pub. L. 109–171, set out as a note under section 1002 of this title. EFFECTIVE DATE OF 2004 AMENDMENT; TRANSITION RULE Amendment by section 3(b)(2) of Pub. L. 108–409 appli- cable only with respect to eligible individuals who are new borrowers (as defined in section 1003 of this title) on or after Oct. 1, 1998, see section 3(b)(3) of Pub. L. 108–409, as amended, set out as a note under section 1078–10 of this title. For transition rules relating to amendments made by section 3(a)(1)(B) of Pub. L. 108–409, see section 3(a)(2) of Pub. L. 108–409, set out as a note under section 1078–10 of this title. EFFECTIVE DATE Section effective Oct. 1, 1998, except as otherwise pro- vided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title. PART E—FEDERAL PERKINS LOANS Editorial Notes CODIFICATION This part was added as part E of title IV of Pub. L. 89–329 by Pub. L. 92–318, title I, § 137(b), June 23, 1972, 86 Stat. 273, and amended by Pub. L. 94–482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95–43, June 15, 1977, 91 Stat. 213; Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143; Pub. L. 96–49, Aug. 13, 1979, 93 Stat. 351; Pub. L. 96–374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 97–301, Oct. 13, 1982, 96 Stat. 1400; Pub. L. 98–79, Aug. 15, 1983, 97 Stat. 476; Pub. L. 99–272, Apr. 7, 1986, 100 Stat. 82. Such part is shown herein, however, as having been added by Pub. L. 99–4

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1226a — 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.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1226a — Contingent extension of programs

Page 888 TITLE 20—EDUCATION § 1226 obligation after the institution of a judicial pro- ceeding 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 judi- cial 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; re- numbered § 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.) Editorial Notes 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 renum- bered section 430, and is classified to section 1231 of this title. Another prior section 421 of Pub. L. 90–247 was renum- bered section 437, and is classified to section 1232 of this title. AMENDMENTS 1994—Pub. L. 103–382, § 232(a), amended section catch- line generally. Subsec. (a). Pub. L. 103–382, § 232(b)(1), struck out ‘‘to educational agencies or institutions’’ after ‘‘other pay- ments’’ 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) Notwith- standing’’

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1226b — 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](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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