Page:United States Statutes at Large Volume 88 Part 1.djvu/607

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

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 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.". (2) Part B of such Act is further amended— (A) by redesignating section 415 as 413; and (B) by adding immediately after section 413, as redesignated by this paragraph, the following new section:

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20 USC 12^26' ^^

"CONTINGENT EXTENSION OF PROGRAMS

"SEC. 414. (a) Unless the Congress in the regular session which ends 20 USC 1226a. prior to the beginning of the terminal fiscal year— "(1) of the authorization of appropriations for an applicable program; or "(2) of the duration of an applicable program; either— " (A) has passed or has formally rejected legislation which would have the effect of extending the authorization or duration (as the case may be) of that program; or " (B) by action of either the House of Representatives or the Senate, approves a resolution stating that the provisions of this section shall no longer apply to such program; such authorization or duration is hereby automatically extended for one additional fiscal year. The amount appropriated for such additional year shall not exceed the amount which the Congress could, under the terms of the law for which the appropriation is made, have appropriated for such program during such terminal year. " (b)(1) For the purposes of clause (A) of subsection (a), the Congress shall not have been deemed to have passed legislation unless such legislation becomes law. " (2) I n any case where the Commissioner is required under an applicable statute to carry out certain acts or make certain determinations which are necessary for the continuation of an applicable program, if such acts or determinations are required during the terminal year of such program, such acts and determinations shall be required during any fiscal year in which that part of subsection (a) which follows clause (B) thereof is in operation.". (3) Part B of such Act is further amended— (A) by redesignating section 417 as section 419, 20 USC 1227. (B) by striking out "section 400(c)" in such section 419, as redesignated by this paragraph, and inserting in lieu thereof "section 400(d)", and (C) by adding immediately after section 414, as added by para- supra. graph (2) of this subsection, the following: "Subpart 2—Planning and Evaluation of Federal Education Activities "PROGRAM PLANNING AND EVALUATION

"SEC. 416. Sums appropriated pursuant to section 400(d) may include for any fiscal year for which appropriations are otherwise

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