 
           CHAPTER 31--GENERAL PROVISIONS CONCERNING EDUCATION
 
              SUBCHAPTER II--APPROPRIATIONS AND EVALUATIONS
 
                         Part 1--Appropriations
 
Sec. 1225. Availability of appropriations on academic 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 
regulations of the Secretary, be made available for obligation by the 
recipient on the basis of an academic or school year differing from such 
fiscal 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 
appropriations to carry out any programs to which this chapter is 
applicable during any fiscal year, 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.
    (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.

(c) Institution of judicial proceedings

    If any funds appropriated to carry out any applicable program are 
not obligated pursuant to a spending plan submitted in accordance with 
section 1341(a) of title 31 and become 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.

(Pub. L. 90-247, title IV, Sec. 421, formerly Sec. 405, Jan. 2, 1968, 81 
Stat. 815; Pub. L. 91-230, title IV, Sec. 401(a)(5), (7), (8), Apr. 13, 
1970, 84 Stat. 165; renumbered Sec. 414, Pub. L. 92-318, title III, 
Sec. 301(a)(1), June 23, 1972, 86 Stat. 326; renumbered Sec. 412, and 
amended Pub. L. 93-380, title V, Sec. 506(a)(1)(D), (E), Aug. 21, 1974, 
88 Stat. 562; Pub. L. 94-273, Sec. 3(12), Apr. 21, 1976, 90 Stat. 376; 
Pub. L. 95-112, Sec. 5, Sept. 24, 1977, 91 Stat. 912; Pub. L. 95-561, 
title XII, Sec. 1245, Nov. 1, 1978, 92 Stat. 2354; renumbered Sec. 421 
and amended Pub. L. 103-382, title II, Secs. 212(b)(1), 232, Oct. 20, 
1994, 108 Stat. 3913, 3914.)


                            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 renumbered section 
430, and is classified to section 1231 of this title.
    Another prior section 421 of Pub. L. 90-247 was renumbered section 
437, and is classified to section 1232 of this title.


                               Amendments

    1994--Pub. L. 103-382, Sec. 232(a), amended section catchline 
generally.
    Subsec. (a). Pub. L. 103-382, Sec. 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''.
    Subsec. (b). Pub. L. 103-382, Sec. 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''.
    Subsec. (c). Pub. L. 103-382, Sec. 232(b)(3), substituted reference 
to section 1341(a) of title 31 for reference to section 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 ``October'' for 
``July''.
    1974--Subsec. (b). Pub. L. 93-380, Sec. 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.
    Subsec. (c). Pub. L. 93-380, Sec. 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'', inserted ``loans,'' after 
``grants,'' designated existing provisions as thus amended as subsec. 
(a), and added subsec. (b).


                    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

    Section 506(b) of Pub. L. 93-380 provided that: ``The amendments 
made by subsection (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 enactment of this Act [Aug. 21, 1974].''


      Indochinese Refugee Children Education Assistance Programs; 
            Applicability of Contingent Extension Provisions

    Pub. L. 94-482, title III, Sec. 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 
Indochina Refugee Children Assistance Act of 1976 [former section 1211b 
of this title], or to any program of financial assistance for 
educational purposes for Indochinese refugee children.''

                  Section Referred to in Other Sections

    This section is referred to in section 6338 of this title.
