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’’ for ‘‘(b) Notwithstanding’’, could not be exe- cuted because the original already reads ‘‘(b)(1) Not- withstanding’’. Subsec. (c). Pub. L. 103–382, § 232(b)(3), substituted ref- erence to section 1341(a) of title 31 for reference to sec- tion 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 ‘‘Octo- ber’’ for ‘‘July’’. 1974—Subsec. (b). Pub. L. 93–380, § 506(a)(1)(E), sub- stituted ‘‘1978’’ for ‘‘1973’’ and inserted ‘‘by educational agencies or institutions’’ and ‘‘by such agencies and in- stitutions’’ after ‘‘obligated and expended’’ and ‘‘obli- gation and expenditure’’, respectively. Subsec. (c). Pub. L. 93–380, § 506(a)(1)(E), added subsec. (c). 1970—Pub. L. 91–230 substituted ‘‘applicable program’’ for ‘‘Act referred to in section 1221 of this title’’, in- serted ‘‘loans,’’ after ‘‘grants,’’ designated existing pro- visions as thus amended as subsec. (a), and added sub- sec. (b). Statutory Notes and Related Subsidiaries 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 sub- section (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 enact- ment of this Act [Aug. 21, 1974].’’ INDOCHINESE REFUGEE CHILDREN EDUCATION ASSIST- ANCE PROGRAMS; APPLICABILITY OF CONTINGENT EX- TENSION 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 Indo- china Refugee Children Assistance Act of 1976 [former section 1211b of this title], or to any program of finan- cial 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; re- numbered § 413, Pub. L. 93–380, title V, § 506(a)(2)(A), Aug. 21, 1974, 88 Stat. 563, related to availability of ap- propriations. § 1226a. Contingent extension of programs (a) Automatic extension The authorization of appropriations for, or du- ration of, an applicable program shall be auto- matically 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 sub- section (a) of an applicable program shall be the amount authorized to be appropriated for such program for the terminal fiscal year of the ap- plicable program. (c) Acts and determinations necessary for pro- gram 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 authoriza- tion of appropriations for a commission, council, or committee which is required by an applicable statute to terminate on a date certain. 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.