U.S. Code » Title 20 » Chapter CHAPTER 31— GENERAL PROVISIONS CONCERNING EDUCATION › Subchapter SUBCHAPTER II— APPROPRIATIONS AND EVALUATIONS › Part Part 1— Appropriations

20 U.S.C. § 1223

Forward funding

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(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.(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 NotesPrior 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 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 SubsidiariesNational 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 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 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.

Notes of Decisions
Cited in 3 cases, 1988–1989 · leading case: Commonwealth of Massachusetts, Dep't of Educ. v. United States Dep't of Educ., 837 F.2d 536 (1st Cir. 1988).
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Commonwealth of Massachusetts, Dep't of Educ. v. United States Dep't of Educ., 837 F.2d 536 (1st Cir. 1988). “Moreover, as to the economics of EHA-B, the Tydings Amendment must be read in conjunction with § 411 of GEPA, 20 U.S.C. § 1223 , which allowed appropriations for the subsequent fiscal year to be included in Congress’ appropriations bill for the previous year.”
Dep't of Educ. of the State of California v. William J. Bennett, Sec'y of Educ., United States Dep't of Educ., 864 F.2d 655 (9th Cir. 1988). “The Department can award EHA-B funds to state educational agencies as early as July, when the state fiscal year begins, because 20 U.S.C. § 1223 allows appropriations for the subsequent fiscal year to be included in the appropriations bill for the previous year.”
Dep't of Educ. of the State of California v. William J. Bennett, Sec'y of Educ., United States Dep't of Educ., 872 F.2d 303 (9th Cir. 1989). “Department may award grant funds to state educational agencies as early as July 1, when the state fiscal year begins, because 20 U.S.C. § 1223 allows appropriations for the subsequent fiscal year to be included in the appropriations bill for the previous year.”
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