§ 1225. Availability of appropriations on academic or school-year basis; additional period for obligation of funds

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. 1968

   Elementary and Secondary Education Amendments of 1967

   Pub. L. 90–247 title IV § 421 · 81 Stat. 783

   Enacted · 20 U.S.C. § 1225

   Pub. L. 90–247, title IV, § 421, formerly § 405, Jan. 2, 1968, 81 Stat. 815

   Target inherited from the preceding amendment note.

   Source evidence

   Code source credit
   Pub. L. 90–247, title IV, § 421, formerly § 405, Jan. 2, 1968, 81 Stat. 815

   Enacted provision · exact public law section
   Sec. 405. availability of appropriations on academic or school year basis Appropriations for any fiscal year for grants, contracts, or other payments to educational agencies or institutions under any Act referred to in section 401 may, in accordance with regulations of the Secretary, be made available for expenditure by the agency or institution concerned on the basis of an academic or school year differing from such fiscal year.

2. 1970

   Pub. L. 91–230 title IV § 401(a)(5) · 84 Stat. 121

   1. Substituted · 20 U.S.C. § 1225

      Pub. L. 91–230 substituted “applicable program” for “Act referred to in section 1221 of this title”

   2. Inserted · 20 U.S.C. § 1225

      Pub. L. 91–230 inserted “loans,” after “grants,” designated existing provisions as thus amended as subsec. (a)

   3. Added · 20 U.S.C. § 1225

      Pub. L. 91–230 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 91–230 substituted “applicable program” for “Act referred to in section 1221 of this title”, inserted “loans,” after “grants,” designated existing provisions as thus amended as subsec. (a), and added subsec. (b).

   Enacted provision · exact public law section
   (5) Section s 404 and 405 of such title are amended by striking out 20 USC 1224, 1225. “Act referred to in section 401” and inserting in lieu thereof “applicable program”.

3. 1974

   Education Amendments of 1974

   Pub. L. 93–380 § 506(a)(1)(E) · [88 Stat. 484]

   1. Substituted · 20 U.S.C. § 1225(b)

      Pub. L. 93–380, § 506(a)(1)(E), substituted “1978” for “1973”

   2. Inserted · 20 U.S.C. § 1225(b)

      Pub. L. 93–380, § 506(a)(1)(E), inserted “by educational agencies or institutions” and “by such agencies and institutions” after “obligated and expended” and “obligation and expenditure”, respectively

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–380, § 506(a)(1)(E), substituted “1978” for “1973” and inserted “by educational agencies or institutions” and “by such agencies and institutions” after “obligated and expended” and “obligation and expenditure”, respectively.

   Enacted provision · exact public law section
   (E) by striking out subsection (b) of such section 412, as redesignated by this paragraph, and adding in lieu thereof the following new subsections: “(b) 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 title is applicable during any fiscal year, ending prior to July 1, 1978, 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. “(c) if any funds appropriated to carry out any applicable program are not obligated pursuant to a spending plan submitted in accordance with section 3679 (d)(2) of the Revised Statutes and become 31 USC 665. available for obligation after the institution of a judicial proceeding 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 judicial proceeding.”.

4. 1974

   Education Amendments of 1974

   Pub. L. 93–380 § 506(a)(1)(E) · [88 Stat. 484]

   Added · 20 U.S.C. § 1225(c)

   Pub. L. 93–380, § 506(a)(1)(E), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 93–380, § 506(a)(1)(E), added subsec. (c).

   Enacted provision · exact public law section
   (E) by striking out subsection (b) of such section 412, as redesignated by this paragraph, and adding in lieu thereof the following new subsections: “(b) 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 title is applicable during any fiscal year, ending prior to July 1, 1978, 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. “(c) if any funds appropriated to carry out any applicable program are not obligated pursuant to a spending plan submitted in accordance with section 3679 (d)(2) of the Revised Statutes and become 31 USC 665. available for obligation after the institution of a judicial proceeding 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 judicial proceeding.”.

5. 1976

   Fiscal Year Adjustment Act

   Pub. L. 94–273 § 3(12) · 90 Stat. 375

   Substituted · 20 U.S.C. § 1225(b)

   Pub. L. 94–273 substituted “October” for “July”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–273 substituted “October” for “July”.

   Enacted provision · exact public law section
   (12) section 412(b) of the General Education Provisions Act (20 U.S.C. 1225(b));

6. 1977

   Education Amendments of 1977

   Pub. L. 95–112 § 5 · 91 Stat. 911

   Substituted · 20 U.S.C. § 1225(b)

   Pub. L. 95–112 substituted “October 1, 1979” for “October 1, 1978”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–112 substituted “October 1, 1979” for “October 1, 1978”.

   Enacted provision · exact public law section
   Sec. 5. extension of appropriations provision Section 412(b) of the General Education Provisions Act is amended by striking out “October 1, 1978” and inserting in lieu thereof “October 1, 1979”.

7. 1978

   Education Amendments of 1978

   Pub. L. 95–561 title XII § 1245 · 92 Stat. 2143

   1. Struck · 20 U.S.C. § 1225(b)

      Pub. L. 95–561 struck out “ending prior to October 1, 1979,” after “applicable during any fiscal year,” in existing provisions

   2. Amended · 20 U.S.C. § 1225(b)

      Pub. L. 95–561 designated existing provisions as thus amended as par. (1)

   3. Added · 20 U.S.C. § 1225(b)

      Pub. L. 95–561 added par. (2)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   Sec. 1245. availability of appropriations (a) 20 USC 1225. Section 412(b) of the General Education Provisions Act is amended by striking out “ending prior to October 1, 1979.”. (b) Section 412(b) of such Act is further amended by inserting “(1)” immediately after the subsection designation thereof and by inserting at the end of subsection (b) the following new paragraph: “(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.”.

   Effective date note
   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.

8. 1994

   Improving America’s Schools Act of 1994

   Pub. L. 103–382 § 232(a) · 108 Stat. 3518

   Amended · 20 U.S.C. § 1225

   Pub. L. 103–382, § 232(a), amended section catchline generally

   Source evidence

   Code amendment note
   Pub. L. 103–382, § 232(a), amended section catchline generally.

   Enacted provision · exact public law section
   (a) Amendment to Heading.— The heading for section 421 of the Act (as redesignated by section 212(b)(1) (20 U.S.C. 1225) is amended to read as follows:

9. 1994

   Improving America’s Schools Act of 1994

   Pub. L. 103–382 § 232(b)(1) · 108 Stat. 3518

   1. Struck · 20 U.S.C. § 1225(a)

      Pub. L. 103–382, § 232(b)(1), struck out “to educational agencies or institutions” after “other payments”

   2. Substituted · 20 U.S.C. § 1225(a)

      Pub. L. 103–382, § 232(b)(1), substituted “obligation” for “expenditure”

   3. Substituted · 20 U.S.C. § 1225(a)

      Pub. L. 103–382, § 232(b)(1), substituted “recipient” for “agency or institution concerned”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–382, § 232(b)(1), struck out “to educational agencies or institutions” after “other payments” and substituted “obligation” for “expenditure” and “recipient” for “agency or institution concerned”.

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by striking “to educational agencies or institutions”; (B) by striking “expenditure” and inserting “obligation”; and (C) by striking “agency or institution concerned” and inserting “recipient”;

10. 1994

    Improving America’s Schools Act of 1994

    Pub. L. 103–382 § 232(b)(2) · 108 Stat. 3518

    Substituted · 20 U.S.C. § 1225(b)

    Pub. L. 103–382, § 232(b)(2), which directed the substitution in the original of “(b)(1) Notwithstanding” for “(b) Notwithstanding”, could not be executed because the original already reads “(b)(1) Notwithstanding”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–382, § 232(b)(2), which directed the substitution in the original of “(b)(1) Notwithstanding” for “(b) Notwithstanding”, could not be executed because the original already reads “(b)(1) Notwithstanding”.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “(b) Notwithstanding” and inserting “(b)(1) Notwithstanding”; and

11. 1994

    Improving America’s Schools Act of 1994

    Pub. L. 103–382 § 232(b)(3) · 108 Stat. 3518

    Substituted · 20 U.S.C. § 1225(c)

    Pub. L. 103–382, § 232(b)(3), substituted reference to section 1341(a) of title 31 for reference to section 3679(d)(2) of the Revised Statutes

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–382, § 232(b)(3), substituted reference to section 1341(a) of title 31 for reference to section 3679(d)(2) of the Revised Statutes.

    Enacted provision · exact public law section
    (3) in subsection (c), by striking “section 3579(d)(2) of the Revised Statutes” and inserting “section 1341(a) of title 31, United States Code”.

18 of 18 references resolved to an enrolled provision