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. § 1225

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

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(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, § 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; renumbered § 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 NotesPrior 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, § 232(a), amended section catchline generally.

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”.

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”.

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.

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, § 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, § 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).

Statutory Notes and Related SubsidiariesEffective 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 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, § 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.”

Notes of Decisions
Cited in 12 cases, 1973–2003 · 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). · cites it 4× “20 U.S.C. § 1225 (b)(1) (1982). Although the Tydings Amendment is not a part of EHA-B proper, it is an important adjunct thereto.”
Tommy G. Thompson, Sec'y of Health & Human Servs. v. Cherokee Nation of Oklahoma, 334 F.3d 1075 (Fed. Cir. 2003). “1988) (interpreting “shall remain available” language in 20 U.S.C. § 1225 (b)(1) as preserving unex-pended funds to state agencies for obligation and expenditure during the succeeding fiscal year); Wilson v.”
Jacksonville Port Auth., a Body Politic & Corp. of the State of Florida v. Brock Adams, as Sec'y of Transp. of the United States, 556 F.2d 52 (D.C. Cir. 1977). “These cases involved education funds to which there was an arguably applicable carryover of authorization provision, 20 U.S.C. § 1225 (b). Pennsylvania, 367 F.”
Commonwealth of Pennsylvania v. Weinberger, 367 F. Supp. 1378 (D.D.C. 1973). · cites it 3× “Defendants first argument focuses on the fact that subsection 1225(b) was offered as an amendment to Section 414 of the General Education Provisions Act, 20 U.S.C. § 1225 . 31 That section had previously related expressly, and solely, to expenditures at the state and local…”
State of Connecticut, & State of California, Plaintiffs-Intervenors v. Richard S. Schweiker, Sec'y of Health & Human Servs., 684 F.2d 979 (D.C. Cir. 1982). “at 1383 (quoting 20 U.S.C. § 1225 (b) (1970)). The defendants argued that the Tyd-ings Amendment could not be read as extending the applicable appropriations through fiscal year 1974 because, inter alia, it would conflict with the continuing appropriations resolution for 1973,…”
United States v. Bd. of Educ. of City of Chicago, 588 F. Supp. 132 (N.D. Ill. 1984). “Secretary is also authorized in fiscal year 1984 to reprogram the fiscal year 1983 Special Programs carryover funds into the Title IV subaccount. Those carryover funds are currently unobligated.”
Nat'l Ass'n of Reg'l Councils v. Costle, 564 F.2d 583 (D.C. Cir. 1977). “s Act, known as the Tydings Amendment, which applied to appropriations for educational programs generally and provides: Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds from appropriations to carry…”
State of Wyoming v. Lamar Alexander, Sec'y of Educ., United States Dep't of Educ., 971 F.2d 531 (10th Cir. 1992). “The Agency acknowledges that at least $61,079 in unexpended VEA funds for FY79 remained in the federal LOC when it lapsed and returned to the federal government by operation of 20 U.S.C. § 1225 (b). See Brief of Respondent at 19 n.”
United States v. Bd. of Educ. of City of Chicago, 621 F. Supp. 1296 (N.D. Ill. 1985). “20 U.S.C. § 1225 (b); 34 C.F.R. § 76.705 .”
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). “Under the Tydings Amendment, 20 U.S.C. § 1225 (b), state educational agencies must complete the process of obligating grant funds such as those administered under EHA-B to local educational agencies by the end of the fiscal year succeeding the fiscal year for which the funds…”
State of Louisiana v. Weinberger, 369 F. Supp. 856 (E.D. La. 1973). “3 *861 In addition to the position taken by this Court on this matter, intervenors herein relied on the General Education Provisions Act, 20 U.S.C. § 1225 (b), to support their position that the funds which were appropriated by Congress to finance Titles I, II and III of LSCA…”
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). “§ 1225 (b), state educational agencies must complete the process of obligating grant funds to local educational agencies by the end of the federal fiscal year succeeding the federal fiscal year for which the funds were appropriated. The.Department may award grant funds to state…”
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