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Title 20 — Education

Part 1 · Chapter 31 — General Provisions Concerning Education

§ 1223. Forward funding

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Elementary and Secondary Education Amendments of 1967

    Pub. L. 90–247 title IV § 420 · 81 Stat. 783

    Enacted · 20 U.S.C. § 1223

    Pub. L. 90–247, title IV, § 420, formerly § 403, Jan. 2, 1968, 81 Stat. 814

    Target inherited from the preceding amendment note.

    Source evidence

    Code source credit
    Pub. L. 90–247, title IV, § 420, formerly § 403, Jan. 2, 1968, 81 Stat. 814

    Enacted provision · exact public law section
    Sec. 403. advance funding To the end of affording the responsible State, local, and Federal officers concerned adequate notice of available Federal financial assistance for education, appropriations for grants, contracts, or other payments under any Act referred to in section 401 are authorized to lie included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation. In order to effect a transition to this method of timing appropriation action, the preceding sentence shall apply notwithstanding that its initial application under any such Act 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 fiscal year.

  2. Pub. L. 91–230 title IV § 401(a)(4) · 84 Stat. 121

    Substituted · 20 U.S.C. § 1223

    Pub. L. 91–230 substituted “applicable program” and “under such program” for “Act referred to in section 1221 of this title” and “under any such Act”, respectively

    Source evidence

    Code amendment note
    Pub. L. 91–230 substituted “applicable program” and “under such program” for “Act referred to in section 1221 of this title” and “under any such Act”, respectively.

    Enacted provision · exact public law section
    (4) Section 403 of such title is amended by striking out “Act 20 USC 1223. referred to in section 401” and inserting in lieu thereof “applicable program” and by striking out “under any such Act” and inserting in lieu thereof “under such program”.

  3. Improving America’s Schools Act of 1994

    Pub. L. 103–382 § 231 · 108 Stat. 3518

    Amended · 20 U.S.C. § 1223

    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 Federal officers concerned adequate notice of available Federal financial assistance for education, appropriations 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 obligation. 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 fiscal year.”

    Source evidence

    Code amendment note
    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 Federal officers concerned adequate notice of available Federal financial assistance for education, appropriations 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 obligation. 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 fiscal year.”

    Enacted provision · exact public law section
    SEC. 231. FORWARD FUNDING. Section 420 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1223) is amended to read as follows: “Sec. 420. “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.”.

3 of 3 references resolved to an enrolled provision

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.

Amendments1970–1994 · 2 rounds

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 Federal officers concerned adequate notice of available Federal financial assistance for education, appropriations 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 obligation. 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 fiscal year.”

1970

Pub. L. 91–230 substituted “applicable program” and “under such program” for “Act referred to in section 1221 of this title” and “under any such Act”, respectively.

Statutory Notes and Related Subsidiaries

National Policy With Respect to Advance Funding of Education Programs

Pub. L. 93–380, title VIII, § 802, , 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 advance funding for education programs, so as to afford responsible State, local, and Federal officers adequate notice of available Federal financial assistance for education authorized under this [Act, Pub. L. 93–380, see Short Title of 1974 Amendment note set out under section 6301 of this title] and other Acts of Congress.”

Provision effective on and after sixtieth day after , see section 2(c) of Pub. L. 93–380, set out as an Effective Date note under section 1221–1 of this title.

Credits

1968–1994 · 5 acts
  1. 1968Pub. L. 90–247, title IV, § 420, formerly § 403, , 81 Stat. 814
  2. 1970Pub. L. 91–230, title IV, § 401(a)(4), , 84 Stat. 165
  3. 1972renumbered § 412, Pub. L. 92–318, title III, § 301(a)(1), , 86 Stat. 326
  4. 1974renumbered § 411, Pub. L. 93–380, title V, § 506(a)(1)(C), , 88 Stat. 562
  5. 1994renumbered § 420 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 231, , 108 Stat. 3913, 3914.
Show as published

(Pub. L. 90–247, title IV, § 420, formerly § 403, , 81 Stat. 814; Pub. L. 91–230, title IV, § 401(a)(4), , 84 Stat. 165; renumbered § 412, Pub. L. 92–318, title III, § 301(a)(1), , 86 Stat. 326; renumbered § 411, Pub. L. 93–380, title V, § 506(a)(1)(C), , 88 Stat. 562; renumbered § 420 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 231, , 108 Stat. 3913, 3914.)

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