20 U.S.C. § 1226 — Untitled legal text

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.