The General Education Provisions Act (GEPA) contains statutory provisions that are applicable to the majority of federal education programs administered by the U.S. Department of Education (ED), as well as provisions related to the powers and responsibilities of ED. GEPA was originally enacted as Title IV of the Elementary and Secondary Education Amendments of 1967 (P.L. 90-247), but the statute was not referred to as the "General Education Provisions Act" until the law was amended by Title IV of the Elementary and Secondary Education Amendments of 1969 (ESEA, P.L. 91-230) and the relevant provisions were renamed. GEPA has been amended numerous times since its initial enactment in the 1960s. This report provides a summary of GEPA provisions as of the most recent amendments made to the act by the Education Sciences Reform Act ( P.L. 107-279 ). The first part of this report highlights some of the key provisions contained in GEPA. This is followed by a section-by-section overview of the act. The report concludes with an analysis of some of the policy issues that have arisen in the past or that may arise in the future with respect to GEPA. GEPA includes numerous provisions that apply to applicable programs administered by ED, as well as provisions related to the powers and responsibilities of ED. While these provisions cover topics as varied as appropriations and evaluations to privacy and enforcement, several provisions are particularly worth noting, especially with respect to the development of new programs or the appropriation of funds for existing programs. These provisions are highlighted below. Extension of the period available for the obligation and expenditure of appropriation funds (Section 421). Automatic extension of the authorization of an applicable program for one additional fiscal year (Section 422). Prohibition on using funds for transportation of students or teachers to overcome a racial imbalance or to carry out a desegregation plan (Section 426). Prohibition on federal control of education (Section 438). Privacy provisions that require educational agencies that receive federal funds to provide parents with access to children's educational records and that prohibit such agencies from releasing such records without written consent (Section 444). General prohibition on the use of funds provided to ED or to an applicable program to support a national test unless it is explicitly authorized in statutory language (Section 447). GEPA includes multiple sections, primarily organized under four parts: Part A—Functions of the Department of Education; Part B—Appropriations and Evaluations; Part C—General Requirements and Conditions Concerning the Operation and Administration of Education Programs: General Authority of the Secretary; and Part D—Enforcement. The act begins with a section that includes provisions related to the applicability of the GEPA provisions to education programs. A summary of each section of GEPA is provided below. The summary is not intended to be a comprehensive examination of GEPA, but rather an overview of the contents of this act. Section 400 states that, except as otherwise provided, GEPA applies to each applicable program of ED, but does not apply to any contract made by ED. The section defines several terms, including "applicable program," which is defined to include any program for which the Secretary of Education (hereafter referred to as the Secretary) or ED has administrative responsibility as provided by law or by delegation of authority pursuant to law. Section 400 also states that nothing in GEPA shall be construed to affect the applicability of statutes prohibiting discrimination, including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Title V of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. Part A of GEPA includes two sections. The first section addresses the general authority of the Secretary, while the second section includes provisions related to an education impact statement. This section confers regulatory authority on the Secretary. Specifically, it authorizes the Secretary to "make, promulgate, issue, rescind, and amend rules and regulations" governing the operation of ED and governing the applicable programs administered by ED. This section specifies that any regulation affecting an institution of higher education (IHE) shall only become effective if the regulation is published in the Federal Register with an educational impact assessment statement. The statement shall determine whether any information required to be provided under the regulation is already being collected or is available from another agency. Part B is divided into two subparts. The first subpart addresses appropriations and includes Sections 420 through 423. The second subpart addresses the planning and evaluation of federal education activities and includes Sections 424 through 429. In order to provide federal, state, and local officers "adequate notice" of the availability of federal funds for carrying out ongoing education activities and projects, appropriations under any applicable program may be included in the appropriations act for the fiscal year preceding the fiscal year during which such activities and projects shall be conducted (e.g., appropriated funds that are to be obligated during FY2011 may be appropriated in the FY2010 appropriations act). Further, in order to provide for the provision of funds in this manner, the appropriations act for a given year may contain separate appropriations for an applicable program for two consecutive years (e.g., the FY2010 appropriations act could contain an appropriation of funds that are to be obligated in FY2010 and an appropriation of funds that are to be obligated in FY2011). Appropriations for applicable programs for any fiscal year may be made available for obligation by the grantee on the basis of an academic or school year differing from such fiscal year, subject to regulations by the Secretary. In addition, unless specifically prohibited, any funds appropriated for an applicable program that are not obligated and expended by the recipient educational agencies and institutions before the end of the fiscal year shall remain available for obligation and expenditure for one additional fiscal year. Funds so carried over are to be obligated and expended in accordance with program requirements that are in effect for such succeeding fiscal year. If funds appropriated to carry out any applicable program are not obligated until after the institution of a judicial proceeding for release of such funds, then such released funds shall remain available for obligation and expenditure until the end of the fiscal year that begins after the termination of such judicial proceeding. If Congress, in the regular session that ends prior to the beginning of the terminal fiscal year of authorization of appropriations of an applicable program, does not pass legislation extending the program, the program is automatically extended for one additional fiscal year. The authorized level of appropriations for the program for this additional year shall be the same as that for the terminal year of the program. In addition, if the Secretary is required, in the terminal fiscal year of an applicable program, to carry out acts or determinations necessary for the continuation of the program, such acts or determinations must be made during the period of automatic program extension. The automatic extension of an applicable program for one year does not apply to the authorization of appropriations for a commission, council, or committee that is required by statute to terminate on a specific date. Payments under any applicable program may be made in installments, and in advance or by way of reimbursement, as determined by the Secretary. The payments may be adjusted to account for overpayments or underpayments. Each state educational agency (SEA) is required to submit a report to the Secretary every two years that provides information with respect to the use of federal funds in the state for any applicable program for the two preceding fiscal years, as well as the use of federal funds for applicable programs administered by the state and provided to local educational agencies (LEAs). Each SEA is required to include specific information in its report, including a list for each applicable program of all grants made to and contracts entered into with LEAs and other agencies within the state during each fiscal year. The Secretary is required to provide the information contained in each report to the National Center for Education Statistics and to make the information available, at a reasonable cost, to any interested individual. Further, in each year in which reports are submitted by SEAs, the Secretary must submit to Congress a report summarizing the data provided by the states. Not later than March 31, 1995, and every two years after such date, the Secretary is required to submit an evaluation report to the House Committee on Education and Labor and the Senate Committee on Labor and Human Resources on the effectiveness of applicable programs in meeting their legislative intent and purposes during the two preceding fiscal years. The report must contain specific information such as program profiles, information on the progress being made toward program objectives, and significant program activities. No funds appropriated for any applicable program may be used for the transportation of students or teachers (or the purchase of equipment for such transportation) to overcome a racial imbalance in any school or school system or to carry out a plan of racial desegregation, except for funds appropriated for the Impact Aid program authorized by Title VIII of the ESEA. The Secretary must require all applicants for assistance under an applicable program to describe the steps the applicant will take to ensure equitable access to and equitable participation in the activities to be conducted using such funds. Specifically, applicants must address the special needs of program beneficiaries (e.g., students and teachers) in order to overcome barriers to equitable participation, including "barriers based on gender, race, color, national origin, disability, and age." The National Assessment Governing Board (NAGB), the Advisory Council on Education Statistics, the National Education Goals Panel, and any other board established to "analyze, address, or approve education content or student performance standards and assessments" are required to coordinate their work to ensure that they do not duplicate one another's efforts in assisting states with education reform efforts.