20 U.S.C. § 1225 — Availability of appropriations on aca-

Page 887 TITLE 20—EDUCATION § 1225 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Section repealed effective Aug. 21, 1974, see section 506(b) of Pub.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 Fed- eral, State, and local officers adequate notice of available Federal financial assistance for car- rying out ongoing education activities and projects, appropriations for grants, contracts, or other payments under any applicable program are authorized to be included in the appropria- tions 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 ap- propriations 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.) Editorial Notes PRIOR PROVISIONS A prior section 420 of Pub. L. 90–247 was renumbered section 426, and was classified to former section 1228 of this title. AMENDMENTS 1994—Pub. L. 103–382, § 231, amended section generally. Prior to amendment, section read as follows: ‘‘To the end of affording the responsible State, local, and Fed- eral officers concerned adequate notice of available Federal financial assistance for education, appropria- tions 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 obliga- tion. 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 fis- cal year.’’ 1970—Pub. L. 91–230 substituted ‘‘applicable program’’ and ‘‘under such program’’ for ‘‘Act referred to in sec- tion 1221 of this title’’ and ‘‘under any such Act’’, re- spectively. Statutory Notes and Related Subsidiaries 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 ad- vance funding for education programs, so as to afford responsible State, local, and Federal officers adequate notice of available Federal financial assistance for edu- cation authorized under this [Act, Pub. L. 93–380, see Short Title of 1974 Amendment note set out under sec- tion 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 re- ports, and contingent extension of expiring appropria- tion authority. Statutory Notes and Related Subsidiaries 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 aca- demic 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 reg- ulations of the Secretary, be made available for obligation by the recipient on the basis of an academic or school year differing from such fis- cal 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 ap- propriations to carry out any programs to which this chapter is applicable during any fiscal year, which are not obligated and expended by edu- cational agencies or institutions prior to the be- ginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and ex- penditure by such agencies and institutions dur- ing 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 suc- ceeding the fiscal year for which they were ap- propriated shall be obligated and expended in ac- cordance 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 sub- mitted by such educational agencies or insti- tutions for such program for such succeeding fiscal year. (c) Institution of judicial proceedings If any funds appropriated to carry out any ap- plicable program are not obligated pursuant to a spending plan submitted in accordance with sec- tion 1341(a) of title 31 and become available for 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.