1995 US Code
Title 20 - EDUCATION
CHAPTER 16 - PUBLIC LIBRARY SERVICES AND CONSTRUCTION
Sec. 351b - Authorization and availability of appropriations; advance funding method

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§351b. Authorization and availability of appropriations; advance funding method (a) Authorization and availability

There are authorized to be appropriated—

(1) for the purpose of making grants as provided in subchapter I of this chapter, 0,000,000 for fiscal year 1995;

(2) for the purpose of making grants as provided in subchapter II of this chapter, ,000,000 for fiscal year 1995;

(3) for the purpose of making grants as provided in subchapter III of this chapter, ,000,000 for fiscal year 1995;

(4) for the purpose of making grants as provided in subchapter V of this chapter, ,000,000 for fiscal year 1995;

(5) for the purpose of making grants as provided in subchapter VI of this chapter, ,000,000 for fiscal year 1995;

(6) for the purpose of activities as provided in subchapter VII of this chapter, 0,000 for fiscal year 1995; and

(7) for the purpose of making grants as provided in subchapter VIII of this chapter, ,000,000 for fiscal year 1995, except that no amounts are authorized to be appropriated under this paragraph for any fiscal year unless the total amount appropriated pursuant to paragraphs (1), (2), and (3) for such fiscal year equals or exceeds sum 1 of the total amount appropriated pursuant to such paragraphs for the preceding fiscal year, plus 4 percent of such total amount.

There shall be available for the purpose of making grants under subchapter IV of this chapter for fiscal year 1995, 1.5 percent of the amount appropriated pursuant to each of paragraphs (1), (2), and (3) for each such fiscal year. There shall be available for the purpose of making grants under section 351c(d) of this title for such fiscal years 0.5 percent of the amount appropriated pursuant to each of such paragraphs for each such fiscal year.

(b) Availability

Notwithstanding any other provision of law, unless enacted in express limitation of the provisions of this subsection, any sums appropriated pursuant to subsection (a) of this section shall (1), in the case of sums appropriated pursuant to paragraphs (1) and (3) thereof, be available for obligation and expenditure for the period of time specified in the Act making such appropriation, and (2), in the case of sums appropriated pursuant to paragraph (2) thereof, subject to regulations of the Secretary promulgated in carrying out the provisions of section 351c(b) of this title, be available for obligation and expenditure for the year specified in the Appropriation Act and is authorized to remain available until expended.

(c) Notice of available funding; transition to advance funding method

(1) For the purpose of affording adequate notice of funding available under this chapter, appropriations under this chapter are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year for which they are first available for obligation.

(2) In order to effect a transition to the advance funding method of timing appropriation action, the provisions of this subsection shall apply notwithstanding that its initial application 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.

(June 19, 1956, ch. 407, §4, as added Dec. 30, 1970, Pub. L. 91–600, §2(b), 84 Stat. 1662; amended May 3, 1973, Pub. L. 93–29, title VIII, §801(b), 87 Stat. 58; Oct. 7, 1977, Pub. L. 95–123, §2, 91 Stat. 1095; Oct. 17, 1984, Pub. L. 98–480, title I, §§103(b)(1), 4, 98 Stat. 2237; Oct. 31, 1988, Pub. L. 100–569, title I, §101, 102 Stat. 2862; Mar. 15, 1990, Pub. L. 101–254, §3, 104 Stat. 101; Oct. 20, 1994, Pub. L. 103–382, title III, §375(a), 108 Stat. 3978.)

Amendments

1994—Subsec. (a). Pub. L. 103–382 substituted “for fiscal year 1995” for “for fiscal year 1990 and such sums as may be necessary for each of the 4 succeeding fiscal years” in pars. (1) to (7) and “fiscal year 1995” for “each of the fiscal years 1990, 1991, 1992, 1993, and 1994” in concluding provisions.

1990—Subsec. (a). Pub. L. 101–254, §3(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “There are authorized to be appropriated—

“(1) for the purpose of making grants as provided in subchapter I, ,000,000 for fiscal year 1985, ,000,000 for fiscal year 1986, ,000,000 for fiscal year 1987, ,000,000 for fiscal year 1988, and ,000,000 for fiscal year 1989;

“(2) for the purpose of making grants as provided in subchapter II, ,000,000 for each of the fiscal years 1985, 1986, 1987, 1988, and 1989;

“(3) for the purpose of making grants as provided in subchapter III, ,000,000 for fiscal year 1985, ,000,000 for fiscal year 1986, ,000,000 for fiscal year 1987, ,000,000 for fiscal year 1988, and ,000,000 for fiscal year 1989;

“(4) for the purpose of making grants as provided in subchapter V, ,000,000 for each of the fiscal years 1985, 1986, 1987, and 1989; and

“(5) for the purpose of making grants as provided in subchapter VI, ,000,000 for each of the fiscal years 1985, 1986, 1987, and 1989.

There shall be available for the purpose of making grants under subchapter IV for each of the fiscal years 1985, 1986, 1987, 1988, and 1989, 1.5 per centum of the amount appropriated pursuant to each of clauses (1), (2), and (3) for each such fiscal year. There shall be available for the purpose of making grants under section 351c(d) of this title for such fiscal years 0.5 per centum of the amount appropriated pursuant to each of such clauses for each such fiscal year.”

Subsec. (b). Pub. L. 101–254, §3(b), which directed substitution of “and is authorized to remain available until expended” for “and for the next succeeding fiscal year”, was executed by making the substitution for “and for the next succeeding year” to reflect the probable intent of Congress.

1988—Subsec. (a)(4), (5). Pub. L. 100–569 substituted “1989” for “1988”.

1984—Subsec. (a). Pub. L. 98–480, §4(a), inserted provision following numbered paragraphs making available for the purpose of making grants under subchapter IV of this chapter for each of the fiscal years 1985, 1986, 1987, 1988, and 1989, 1.5 per centum of the amount appropriated pursuant to each of pars. (1), (2), and (3) for each such fiscal year, and making available for the purpose of making grants under section 351c(d) of this title for such fiscal years 0.5 per centum of the amount appropriated pursuant to each of such pars. for each such fiscal year.

Subsec. (a)(1). Pub. L. 98–480, §4(a), substituted provisions authorizing appropriations of ,000,000 for fiscal year 1985, ,000,000 for fiscal year 1986, ,000,000 for fiscal year 1987, ,000,000 for fiscal year 1988, and ,000,000 for fiscal year 1989 for provisions authorizing appropriations of 2,000,000 for fiscal year ending June 30, 1972, 7,600,000 for fiscal year ending June 30, 1973, 3,500,000 for fiscal year ending June 30, 1974, 9,675,000 for fiscal year ending June 30, 1975, 7,150,000 for fiscal year ending June 30, 1976, 0,000,000 for fiscal year 1978, 0,000,000 for fiscal year 1979, and 0,000,000 for fiscal year 1980 and each of the two succeeding fiscal years.

Subsec. (a)(2). Pub. L. 98–480, §4(a), substituted provisions authorizing appropriations of ,000,000 for each of fiscal years 1985, 1986 1987, 1988, and 1989 for provisions authorizing appropriations of ,000,000 for fiscal year ending June 30, 1972, ,000,000 for fiscal year ending June 30, 1973, ,000,000 for fiscal year ending June 30, 1974, ,500,000 for fiscal year ending June 30, 1975, ,000,000 for fiscal year ending June 30, 1976, and such sums as necessary for fiscal year 1978 through fiscal year 1981, and ,000,000 for fiscal year 1982.

Subsec. (a)(3). Pub. L. 98–480, §4(a), substituted provisions authorizing appropriations of ,000,000 for fiscal year 1985, ,000,000 for fiscal year 1986, ,000,000 for fiscal year 1987, ,000,000 for fiscal year 1988, and ,000,000 for fiscal year 1989 for provisions which had authorized appropriations of ,000,000 for fiscal year ending June 30, 1972, ,750,000 for fiscal year ending June 30, 1973, ,500,000 for fiscal year ending June 30, 1974, ,300,000 for fiscal year ending June 30, 1975, ,200,000 for fiscal year ending June 30, 1976, ,000,000 for fiscal year 1978, and ,000,000 for fiscal year 1979 and each of the three succeeding fiscal years.

Subsec. (a)(4). Pub. L. 98–480, §4(a), substituted provisions authorizing appropriations of ,000,000 for each of fiscal years 1985, 1986, 1987, and 1988 for purpose of making grants as provided in subchapter V of this chapter for provisions which had authorized appropriation of such sums as necessary for each fiscal year ending prior to Oct. 1, 1982, for purpose of making grants to States to enable them to carry out public library service programs for older persons authorized by former provisions of subchapter IV of this chapter.

Subsec. (a)(5). Pub. L. 98–480, §4(a), added par. (5).

Subsec. (b). Pub. L. 98–480, §103(b)(1), substituted “Secretary” for “Commissioner”.

Subsec. (c). Pub. L. 98–480, §4(b), added subsec. (c).

1977—Subsec. (a)(1). Pub. L. 95–123, §2(a), inserted provisions authorizing appropriations of 0,000,000 for fiscal year 1978, 0,000,000 for fiscal year 1979, and 0,000,000 for fiscal year 1980 and each of two succeeding fiscal years.

Subsec. (a)(2). Pub. L. 95–123, §2(b), inserted provisions authorizing appropriations of such sums as may be necessary for fiscal year 1978 through fiscal year 1981, and ,000,000 for fiscal year 1982.

Subsec. (a)(3). Pub. L. 95–123, §2(c), inserted provisions authorizing appropriations of ,000,000 for fiscal year 1978, and ,000,000 for fiscal year 1979 and each of three succeeding fiscal years.

Subsec. (a)(4). Pub. L. 95–123, §2(d), substituted “for each fiscal year ending prior to October 1, 1982” for “for the fiscal year ending June 30, 1973, the fiscal year ending June 30, 1974, the fiscal year ending June 30, 1975, and the fiscal year ending June 30, 1976”.

1973—Subsec. (a)(4). Pub. L. 93–29 added par. (4).

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–254 effective Oct. 1, 1990, see section 25 of Pub. L. 101–254, set out as a note under section 351a of this title.

Effective Date of 1973 Amendment

Section 801(e) of Pub. L. 93–29 provided that: “The amendments made by subsections (a), (b), and (c) [enacting subchapter IV of this chapter and amending this section and sections 351c and 351d of this title] of this section shall be effective after June 30, 1973.”

Effective Date

Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91–600, set out as an Effective Date of 1970 Amendment note under section 351 of this title.

Section Referred to in Other Sections

This section is referred to in sections 351c, 351e, 352, 353, 354, 355b, 355c, 355e–1, 355e–2, 371, 375, 385a of this title.

1 So in original. Probably should be “the sum”.