H.R. 7859 (96th): Refugee Education Assistance Act of 1980
96th Congress, 1979–1980. Text as of Oct 10, 1980 (Passed Congress/Enrolled Bill).
Status & Summary | PDF | Source: GPO
PUBLIC LAW 96-422—OCT. 10, 1980 94 STAT. 1799
Public Law 96-422
96th Congress
An Act
To provide general assistance to local educational agencies for the education of —Oct. 10, liJeU—
Cuban and Haitian refugee children, to provide special impact aid to such [H.R. 7859]
agencies for the education of Cuban and Haitian refugee children and Indochi-
nese refugee children, and to provide assistance to State educational agencies for
the education of Cuban and Haitian refugee adults.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled. That this Act may be g^fugee
cited as the "Refugee Education Assistance Act of 1980". AsSstanc^'e Act of
1980.
TITLE I—GENERAL PROVISIONS 8 use 1522 note.
DEFINITIONS
SEC. 101. As used in this Act— 8 use 1522 note.
(1) The terms "Cuban and Haitian refugee adults" and "Cuban
and Haitian refugee children" mean aliens who have fled from
Cuba or Haiti and who—
(A) on or after November 1,1979—
(i) have been admitted into the United States as
refugees under section 207 of the Immigration and
Nationality Act; ^"^e, p. 103.
(ii) have been paroled into the United States by the
Attorney General pursuant to section 212(d)(5) of such
Act; or Ante, p. 107.
(iii) are applicants for asylum, or have been granted
asylum, in the United States; or
(B) are Cuban-Haitian entrants (status pending) who
entered the United States on or after November 1, 1979.
For purposes of this paragraph, any person who is a Cuban-
Haitian entrant as described in subparagraph (B) at any time
after the date of the enactment of this Act shall be considered to
maintain such status for purposes of this Act regardless of any
subsequent change in status under any other law.
(2) The terms "elementary school", "local educationed agency",
"secondary school", "State", and "State educational agency"
have the meanings given such terms under section 198(a) of the
Elementary and Secondary Education Act of 1965. 20 use 2854.
(3) The term "elementary or secondary nonpublic schools"
means schools which comply with the compulsory education laws
of the State and which are exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1954. 26 use 50i.
(4) The term "Indochinese refugee children" means aliens who
have fled from Cambodia, Vietnam, or Laos, and, on or Eifter
January 1,1979—
(A) have been admitted into the United States as refugees
under section 207 of the Immigration and Nationality Act; Ante, p. 103.
94 STAT. 1800 PUBLIC LAW 96-422—OCT 10, 1980
(B) have been paroled into the United States by the
Ante, p. 107. Attorney General pursuant to section 212(d)(5) of such Act;
or
(C) are applicants for asylum, or have been granted
asylum, in the United States.
(5) The term "Secretary" means the Secretary of Education.
AUTHORIZATIONS AND ALLOCATION OF APPROPRIATIONS
8 u s e 1522 note. SEC. 102. (a) There are authorized to be appropriated for each of the
fiscal years 1981, 1982, and 1983, but only in a lump sum for all
programs under this Act, subject to allocation in accordance with
subsection (b), such sums as may be necessary to make payments to
which State educational agencies are entitled under this Act and
payments for administration under section 104.
(bXD If the sums appropriated for any fiscal year to make payments
to States under this Act are not sufficient to pay in full the sum of the
amounts which State educational agencies are entitled to receive
Post, pp. 1801, under titles II through IV for such year, the allocations to State
1803, 1807. educational agencies under each of such titles shall be ratably
reduced by the same percentage to the extent necessary to bring the
aggregate of such allocations within the limits of the amounts so
appropriated.
(2) In the event that funds become available for making payments
under this Act for any period after allocations have been made under
paragraph (1) of this subsection for such period, the amounts reduced
under such paragraph shall be increased on the same basis as they
were reduced.
TREATMENT OF CERTAIN JURISDICTIONS
8 u s e 1522 note. SEC. 103. (a) The jurisdictions to which this section applies are
Guam, American Samoa, the Virgin Islands, the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands.
Grants. (b)(1) Each jurisdiction to which this section applies shall be
entitled to grants for the purposes set forth in sections 201(a), 302, and
402 in amounts equal to amounts determined by the Secretary in
accordance with criteria established by the Secretary, except that the
aggregate of the amount to which such jurisdictions are so entitled
for any period—
(A) for the purposes set forth in section 201(a), shall not exceed
an amount equal to 1 percent of the aggregate of the amounts to
which all States are entitled under section 201 for that period;
(B) for the purposes set forth in section 302, shall not exceed an
amount equal to 1 percent of the aggregate of the amounts to
which all States are entitled under section 301 for that period;
and
(C) for the purposes set forth in section 402, shall not exceed an
amount equal to 1 percent of the aggregate of the amounts to
which all States are entitled under section 401 for that period.
Aggregate (2) If the aggregate of the amounts determined by the Secretary
amount pursuant to paragraph (1) to be so needed for any period exceeds an
reduction.
amount equal to such 1 percent limitation, the entitlement of each
such jurisdiction shall be reduced proportionately until such aggre-
gate does not exceed such limitation.
PUBLIC LAW 96-422—OCT. 10, 1980 94 STAT. 1801
STATE ADMINISTRATIVE COSTS
SEC. 104. The Secretary is authorized to pay to each State educa- 8 use 1522 note.
tional agency amounts equal to the amounts expended by it for the
proper and efficient administration of its functions under this Act,
except that the total of such payments for any period shall not exceed
1 percent of the amounts which that State educational agency is
entitled to receive for that period under this Act.
WITHHOLDING
SEC. 105. Whenever the Secretary, after reasonable notice and Notice and
opportunity for a hearing to any State educational agency, finds that hearing.
there is a failure to meet the requirements of any title of this Act, the 8 u s e 1522 note.
Secretary shall notify that agency that further payments will not be
made to the agency under such title, or in the discretion of the
Secretary, that the State educational agency shall not msike further
pa5rments under such title to specified local educational Eigencies or
other entities (in the case of funds under title IV) whose actions cause Post, p. 18(37.
or are involved in such failure until the Secretary is satisfied that
there is no longer any such failure to comply. Until the Secretary is so
satisfied, no further payments shall be made to the State educational
agency under such title, or pajnnents by the State educational agency
under such title shall be limited to local educational agencies or other
entities (in the case of funds under title IV) whose actions did not
cause or were not involved in the failure, as the case may be.
TITLE II—GENERAL ASSISTANCE FOR LOCAL EDUCATIONAL
AGENCIES
STATE ENTITLEMENTS
SEC. 201. (a) The Secretary shall, in accordance with the provisions Cuban and
Haitian refugee
of this title, make payments to State educational agencies for each of children.
the fiscal years 1981,1982, and 1983 for the purpose of assisting local 8 u s e 1522 note.
educational agencies of that State in providing b£isic education for
Cuban and Haitian refugee children. Pajrments made under this title
to any State shall be used in accordance with applications approved
under section 202 for public educational services for Cuban and
Haitian refugee children enrolled in the elementary and secondsiry
public schools under the jurisdiction of the local educationad agencies
of that State.
(bXD Except as provided in parsigraph (2) and in subsection (c), the Grants.
amount of the grant to which a State educational agency is entitled
under this title, for anyfiscalyear described in subsection (a), shall be
equal to the product of—
(A) the number of Cuban and Haitian refugee children
enrolled in elementary or secondary public schools under the
jurisdiction of each local educations agency within that State
during the period for which the determination is made;
multiplied by—
(B)$450.
(2) The amount of the grant to which a State educational agency is Grant
otherwise entitled for anyfiscalyear, as determined under paragraph reductions.
(1), shall be reduced by the amounts made available for such fiscal
year under any other Federal law for expenditure within the State
for the same purposes as those for which funds are made available
under this title, except that the reduction shall be made only to the
94 STAT. 1802 PUBLIC LAW 96-422—OCT 10, 1980
extent that such amounts (A) are allocated to the State (or to agencies
or entities providing services within the State) on the basis of a
statutory formula, and (B) are made available for such purposes
specifically because of the refugee, parolee, or asylee status of the
individuals to be served by such funds. The amount of the reduction
required under this paragraph shall be determined by the Secretary
in a manner consistent with subsection (c).
"State." (3) For the purpose of this subsection, the term "State" does not
include Guam, American Samoa, the Virgin Islands, the Northern
Mariana Islands, and the Trust Territory of the Pacific Islands. The
entitlements of such jurisdictions shall be determined in the manner
specified in section 103, but for purposes of this title and section 105
any payments made under section 103 for the purposes set forth in
section 201(a) shall be considered to be payments under this title.
Determinations. (c) Determinations by the Secretary under this title for any period
with respect to the number of Cuban and Haitian refugee children
and the amount of the reduction under subsection (bX2) shall be
made, whenever actual satisfactory data are not available, on the
basis of estimates. No such determination shall operate because of an
underestimate or overestimate to deprive any State educational
agency of its entitlement to any payment (or the amount thereof)
under this title to which such agency would be entitled had such
determination been made on the basis of accurate data.
APPUCATIONS
8 u s e 1522 note. SEC. 202. (a) No State educational agency shall be entitled to any
pa3mient under this title for any period unless that agency submits an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information, as the Secretary
may reasonably require. Each such application shall—
(1) provide that the payments under this title will be used for
the purposes set forth in section 201(a);
(2) provide assurances that such pa3maents will be distributed
among local educational agencies within that State in accord-
ance with section 201;
(3) provide assurances that the State educational agency will
not finally disapprove in whole or in part any application for
funds received under this title without first affording the local
educational agency submitting the application for such funds
reasonable notice and opportunity for a hearing; and
Reports. (4) provide for making such reports as the Secretary may
resisonably require to carry out this title.
Approval or (b) The Secretary shall approve an application which meets the
disapproval.
requirements of subsection (a). The Secretary shall not finally disap-
prove an application of a State educational agency except after
reasonable notice and opportunity for a hearing on the record to such
agency,
PAYMENTS
8 u s e 1522 note.
SEC. 203. The Secretary shall pay to each State educational agency
having an application approved under section 202 the amount which
that State is entitled to receive under this title.
PUBLIC LAW 96-422—OCT. 10, 1980 94 STAT. 1803
TITLE III—SPECIAL IMPACT ASSISTANCE FOR SUBSTANTIAL
INCREASES IN REFUGEE ATTENDANCE
STATE ENTITLEMENTS
SEC. 301. (a) The Secretary shall, in accordance with the provisions Payments.
of this title, make payments to State educational agencies for each of 8 u s e 1522 note.
the fiscal years 1981, 1982, and 1983 for the purpose set forth in
section 302.
(b)(1) Except as provided in paragraph (3) and in subsections (c) and Educational
(d) of this section, the amount of the grant to which a State agency grants.
educational agency is entitled under this title—
(A) for fiscal year 1981, shall be equal to the product of (i) the
number of Cuban and Haitian refugee children and Indochinese
refugee children enrolled during such fiscal year in elementary
or secondary public schools under the jurisdiction of each local
educational agency described under paragraph (2) within that
State, or in any elementary or secondary nonpublic school within
the districts served by each such local educational agency,
multiplied by (ii) $750;
(B) for fiscal year 1982, shall be equal to the sum of—
(i) the amount equal to the product of (I) the number of
Cuban and Haitian refugee children and Indochinese refu-
gee children enrolled during fiscal year 1982 in elementary
or secondary public schools under the jurisdiction of each
local educational agency described under paragraph (2)
within that State, or in any elementary or secondary non-
public school within the districts served by each such local
educational agency, who were not enrolled in such schools
during fiscal year 1981, multiplied by (II) $750; and
(ii) the amount equal to the product of (I) the number of
Cuban and Haitian refugee children and Indochinese refu-
gee children enrolled during fiscal year 1982 in elementary
or secondary public schools under the jurisdiction of each
local educational agency described under paragraph (2)
within that State, or in any elementary or secondary non-
public school within the districts served by each such local
educational agency, who were enrolled in such schools
during fiscal year 1981, multiplied by (II) $500; and
(C) for fiscal year 1983, shall be equal to the sum of—
(i) the amount equal to the product of (I) the number of
Cuban and Haitian refugee children and Indochinese refu-
gee children enrolled during fiscal year 1983 in elementary
or secondary public schools under the jurisdiction of each
local educational agency described under paragraph (2)
within that State, or in any elementary or secondary non-
public school within the districts served by each such local
educational agency, who were not enrolled in such schools
during either fiscal year 1981 or fiscal year 1982, multiplied
by (II) $750;
(ii) the amount equal to the product of (I) the number of
Cuban and Haitian refugee children and Indochinese refu-
gee children enrolled during fiscal year 1983 in elementary
or secondary public schools under the jurisdiction of each
local educational agency described under paragraph (2)
within that State, or in any elementary or secondary non-
public school within the districts served by each such local
educational agency, who were enrolled in such schools
94 STAT. 1804 PUBLIC LAW 96-422—OCT 10, 1980
during either fiscal year 1981 or fiscal year 1982 (but not
during both such fiscal years), multiplied by (II) $500; and
(iii) the amount equal to the product of (I) the number of
Cuban and Haitian refugee children and Indochinese refu-
gee children enrolled during fiscal year 1983 in elementary
or secondary public schools under the jurisdiction of each
local educational agency described under paragraph (2)
within that State, or in any elementary or secondary non-
public school within the districts served by each such local
educational agency, who were enrolled in such schools
during both of the fiscal years 1981 and 1982, multiplied by
(II) $350.
Local (2) The local educational agencies referred to in paragraph (1) are
educational those local educational agencies in which the sum of the number of
agencies.
Cuban and Haitian refugee children and Indochinese refugee chil-
dren who are enrolled in elementary or secondary public schools
under the jurisdiction of such agencies, or in elementary or secondary
nonpublic schools within the districts served by such agencies, during
the fiscal year for which the payments are to be made under this title,
and are receiving supplementary educational services during such
period, is equal to—
(A) at least 500; or
(B) at least 5 percent of the total number of students enrolled in
such public or nonpublic schools during such fiscal year;
whichever number is less. Notwithstanding the provisions of this
paragraph, the local educational agencies referred to in paragraph (1)
shall include local educational agencies eligible to receive assistance
by reason of the last sentence of section 3(b) and section 3(c)(2)(B) of
the Act of September 30,1950 (Public Law 874, Eighty-first Congress),
relating to Federal impact aid, subject to paragraph (5) of this
subsection.
Grant (3) The amount of the grant to which a State educational agency is
reductions. otherwise entitled for any fiscal year, as determined under paragraph
(1), shall be reduced by the amounts made available under any other
Federal law to agencies or other entities for educational, or educa-
tion-related, services or activities within the State because of the
significant concentration of Cuban and Haitian refugee children or
Indochinese refugee children, except that the reduction shall be made
only to the extent that such amounts are allocated to the State, or to
such agencies or entities, on the basis of a statutory formula. The
amount of the reduction required under this paragraph shall be
determined by the Secretary in a manner consistent with subsection
(0.
"State." (4) For the purpose of this subsection, the term "State" does not
include Guam, American Samoa, the Virgin Islands, the Northern
Mariana Islands, and the Trust Territory of the Pacific Islands. The
entitlements of such jurisdictions shall be determined in the manner
specified in section 103, but for purposes of this title and section 105
any payments made under section 103 for the purposes set forth in
section 302 shall be considered to be payments under this title.
(5) The amount of the grant to which a State educational agency is
entitled as a result of the last sentence of paragraph (2) shall be
limited to Cuban and Heiitian refugee children who meet the require-
ments of section 101(1).
Determinations. (c) Determinations by the Secretary under this title for any period
with respect to the number of Cuban and Haitian refugee children
and Indochinese refugee children and the amount of the reduction
under subsection (b)(3) shall be made, whenever actual satisfactory
PUBLIC LAW 96-422—OCT. 10, 1980 94 STAT. 1805
data are not available, on the basis of estimates. No such determina-
tion shall operate because of an underestimate or overestimate to
deprive any State educational agency of its entitlement to any
payment (or the amount thereof) under this title to which such
agency would be entitled had such determination been made on the
basis of accurate data.
(d) Whenever the Secretary determines that any amount of a Unused
payment made to a State under this title for a fiscal year will not be payments.
used by such State for carrying out the purpose for which the
payment was made, the Secretary shall make such amount available
for carrying out such purpose to one or more other States to the
extent the Secretary determines that such other States will be able to
use such additional amount for carrying out such purpose. Any
amount made available to a State from an appropriation for a fiscal
year in accordance with the preceding sentence shall, for purposes of
this title, be regarded as part of such State's payment (as determined
under subsection (b)) for such year, but shall remain available until
the end of the succeeding fiscal year.
USES OF FUNDS
SEC. 302. (a) Payments made under this title to any State may be Refugee
used in accordance with applications approved under section 303 for children, school
enrollment.
supplementary educational services and costs, as described under 8 u s e 1522 note.
subsection (b) of this section, for Cuban and Haitian refugee children
and Indochinese refugee children enrolled in the elementary and
secondary public schools under the jurisdiction of the local educa-
tional agencies of the State described in section 301(bX2) and in
elementary and secondary nonpublic schools of that State within the
districts served by such agencies.
(b) Financial assistance provided under this title shall be available Supplementary
to meet the costs of providing Cuban and Haitian refugee children educational
and Indochinese refugee children supplementary educational serv-
ices, including but not limited to—
(1) supplementary educational services necessary to enable
those children to achieve a satisfactory level of performance,
including—
(A) English language instruction;
(B) other bilingual educational services; and
(C) special materials and supplies;
(2) additional basic instructional services which are directly
attributable to the presence in the school district of Cuban and
Haitian refugee children and Indochinese refugee children,
including the costs of providing additional classroom supplies,
overhead costs, costs of construction, acquisition or rental of
space, costs of transportation, or such other costs as are directly
attributable to such additional basic instructional services; and
(3) special inservice training for personnel who will be provid-
ing instruction described in either paragraph (1) or (2) of this
subsection.
APPUCATIONS
SEC. 303. (a) No State educational agency shall be entitled to any 8 u s e 1522 note.
pa3anent under this title for any period unless that agency submits an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information, as the Secretary
may reasonably require. Each such application shall—
94 STAT. 1806 PUBLIC LAW 96-422—OCT 10, 1980
(1) provide that the educational programs, services and activi-
ties for which payments under this title are made will be
administered by or under the supervision of the agency;
(2) provide assurances that payments under this title will be
used for purposes set forth in section 302;
(3) provide assurances that such payments will be distributed
among local educational agencies within that State in accord-
ance with section 301;
(4) provide assurances that the State educational agency will
not finally disapprove in whole or in part any application for
funds received under this title without first affording the local
educational agency submitting an application for such funds
reasonable notice and opportunity for a hearing;
Reports. (5) provide for making such reports as the Secretary may
reasonably require to perform his functions under this Act; and
(6) provide assurances—
(A) that to the extent consistent with the number of Cuban
and Haitian refugee children and Indochinese refugee chil-
dren enrolled in the elementary or secondary nonpublic
schools within the district served by a local educational
agency, such agency, after consultation with appropriate
officials of such schools, shall provide for the benefit of these
children secular, neutral, and nonideological services, mate-
rials, and equipment necessary for the education of such
children;
(B) that the control of funds provided under this para-
graph and the title to any materials, equipment, and prop-
erty repaired, remodeled, or constructed with those funds
shall be in a public agency for the uses and purposes
provided in this title, and a public agency shall administer
such funds and property; and
(C) that the provision of services pursuant to this para-
graph shall be provided by employees of a public agency or
through contract by such public agency with a person,
association, agency or corporation who or which, in the
provision of such services, is independent of such elementary
or secondary nonpublic school and of any religious organiza-
tion; and such employment or contract shall be under the
control and supervision of such public agency, and the funds
provided under this paragraph shall not be commingled with
State or local funds.
Approval or 0)) The Secretary shall approve an application which meets the
disapproval. requirements of subsection (a). The Secretary shall not finally disap-
prove an application of a State educational agency except after
reasonable notice and opportunity for a hearing on the record to such
agency.
PAYMENTS
8 u s e 1522 note. SEC. 304. (a) The Secretary shall pay to each State educational
agency having an application approved under section 303 the amount
which that State is entitled to receive under this title.
Waiver. Ot)) If a State is prohibited by law from providing public educational
services for children enrolled in elementary and secondary nonpublic
schools, as required by section 303(aX6), or if the Secretary deter-
mines that a local educational agency has substantially failed or is
unwilling to provide for the participation on an equitable basis of
children enrolled in such schools, the Secretary may waive such
requirement and shall arrange for the provision of services to such
PUBLIC LAW 96-422—OCT. 10, 1980 94 STAT. 1807
children through arrangements which shall be subject to the require-
ments of this Act.
TITLE IV—ADULT EDUCATION PROGRAMS
STATE ENTITLEMENTS
SEC. 401. (a) The Secretary shall, in accordance with the provisions Cuban and
of this title, make payments to State educational agencies for each of Haitian
adults.
refugee
the fiscal years 1982 and 1983 for the purposes of providing for the 8 u s e 1522 note.
operation of adult education programs as described under section 402
for Cuban and Haitian refugee adults aged 16 or older. Payments
made under this title to any State shall be used in accordance with
applications approved under section 403.
0))(1) Except as provided in subsection (c) of this section, the Grants
amount of the grant to which a State educational agency is entitled
under this Act, for any fiscal year described in subsection (a), shall be
equal to the product of—
(A) the number of Cuban and Haitian refugee adults aged 16 or
older who are enrolled, during the period for which the determi-
nation is made, in programs of instruction referred to in section
402 which are offered within that State, other than any such
refugees who are enrolled in elementary or secondary public
schools under the jurisdiction of local educational agencies;
multiplied by—
(B) $300.
(2) The amount of the grant to which a State educational agency is Grant
otherwise entitled for any fiscal year, as determined under paragraph reductions.
(1), shall be reduced by the amounts made available for such fiscal
year under any other Federal law for expenditure within the State
for the same purposes as those for which funds are made available
under this title, except that the reduction shall be made only to the
extent that such amounts (A) are allocated to the State (or to agencies
or entities providing services within the State) on the basis of a
statutory formula, and (B) are made available for such purposes
specifically because of the refugee, parolee, or asylee status of the
individuals to be served by such funds. The amount of the reduction
required under this paragraph shall be determined by the Secretary
in a manner consistent with subsection (c).
(3) For the purpose of this subsection, the term "State" does not "State.'
include Guam, American Samoa, the Virgin Islands, the Northern
Mariana Islands, and the Trust Territory of the Pacific Islands. The
entitlements of such jurisdictions shall be determined in the manner
specified in section 103, but for purposes of this title and section 105
any payments made under section 103 for the purposes set forth in
section 402 shall be considered to be payments under this title.
(c) Determinations by the Secretary under this title for any period Determinations
with respect to the number of Cuban and Haitian refugee adults and
the amount of the reduction under subsection Ot))(2) shall be made,
whenever actual satisfactory data are not available, on the basis of
estimates. No such determination shall operate because of an under-
estimate or overestimate to deprive any State educational agency of
its entitlement to any pa3mient (or the amount thereof) under this
title to which such agency would be entitled had such determination
been made on the basis of accurate data.
79-194 O—81—pt. 2 34 : QL3
94 STAT. 1808 PUBLIC LAW 96-422—OCT 10, 1980
USE OF FUNDS
Refugee adults, SEC. 402. (a) Funds made available to State educational agencies
school under this title shall be used by such agencies to provide for programs
enrollment.
8 u s e 1522 note. of adult education and adult basic education to Haitian and Cuban
refugee adults aged 16 or older in need of such services who are not
enrolled in elementary or secondary public schools under the jurisdic-
tion of local educational agencies. Such programs may be provided
directly by the State educational agency, or such agency may make
grants, or enter into contracts, with local educational agencies, and
other public or private nonprofit agencies, organizations, or institu-
tions to provide for such programs. Funds available under this title
may be used for—
(1) programs of instruction of such adult refugees in basic
reading and mathematics, in development and enhancement of
necessary skills, and for the promotion of literacy among such
refugees;
(2) administrative costs of planning and operating such pro-
grams of instruction;
(3) educational support services which meet the need of such
adult refugees, including guidance and counseling with regard to
educational, career, and emplojmient opportunities; and
(4) special projects designed to operate in conjunction with
existing Federal and non-Federal programs and activities to
develop occupational and related skills for individuals, particu-
larly programs authorized under the Comprehensive
29 u s e 801 note. Employment and Training Act of 1973 or under the Vocational
20 u s e 2301 Education Act of 1963.
note. (b) The State educational agency shall review applications for
grants and contracts in a manner consistent with the purposes of
20 u s e 1205. paragraphs (12) and (13) of section 306(b) of the Adult Education Act.
(c) The State educational agency shall provide for the use of funds
made available under this title in such manner that the maximum
number of Haitian and Cuban refugee adults aged 16 or older
residing within the State receive education under the programs of
instruction described under subsection (a).
APPLICATIONS
8 u s e 1522 note. SEC. 403. (a) No State educational agency shall be entitled to any
payment under this title for any period unless that agency submits an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information, as the Secretary
may reasonably require. Each such application shall—
(1) provide that pa3mients made under this title will be used
only for the purposes, and in the manner, set forth in section 402;
(2) provide assurances that the State educational agency will
not finally disapprove in whole or in part any application for
funds received under this title without first affording the entity
submitting an application for such funds reasonable notice and
opportunity for a hearing; and
Reports. (3) provide for making periodic reports to the Secretary evalu-
ating the effectiveness of the payments made under this title,
and such other reports as the Secretary may reasonably require
to perform his functions under this Act.
Approval or Ot
> ) The Secretary shall approve an application which meets the
disapproval. requirements of subsection (a). The Secretary shall not finally disap-
prove an application of a State educational agency except after
PUBLIC LAW 96-422—OCT. 10, 1980 94 STAT. 1809
reasonable notice and opportunity for a hearing on the record to such
agency.
TITLE V—OTHER PROVISIONS RELATING TO CUBAN AND
HAITIAN ENTRANTS
AUTHORITIES FOR OTHER PROGRAMS AND ACTIVITIES
SEC. 501. (a)(1) The President shall exercise authorities with respect 8 USC1522 note.
to Cuban and Haitian entrants which are identical to the authorities
which are exercised under chapter 2 of title IV of the Immigration
and Nationality Act. The authorizations provided in section 414 of Ante, p. no.
that Act shall be available to carry out this section without regard to Ante, p. 116.
the dollar limitation contained in section 414(a)(2).
(2) Any reference in chapter III of title I of the Supplemental
Appropriations and Rescission Act, 1980, to section 405(c)(2) of the Ante, p. 865.
International Security and Development Assistance Act of 1980 or to
the International Security Act of 1980 shall be construed to be a
reference to paragraph (1) of this subsection.
(b) In addition, the President may, by regulation, provide that
benefits granted under any law of the United States (other than the
Immigration and Nationality Act) with respect to individuals ad-
mitted to the United States under section 207(c) of the Immigration
and Nationality Act shall be granted in the same manner and to the Ante, p. 103.
same extent with respect to Cuban and Haitian entrants.
(c)(lXA) Any Federal agency may, under the direction of the
President, provide assistance (in the form of materials, supplies,
equipment, work, services, facilities, or otherwise) for the processing,
care, maintenance, security, transportation, and initial reception and
placement in the United States of Cuban and Haitian entrants. Such
assistance shall be provided on such terms and conditions as the
President may determine.
(B) Funds available to carry out this subsection shall be used to Reimburse-
reimburse State and local governments for expenses which they incur ments.
for the purposes described in subparagraph (A), Such funds may be
used to reimburse Federal agencies for assistance which they provide
under subparagraph (A).
(2) The President may direct the head of any Federal agency to
detedl personnel of that agency, on either a reimbursable or nonreim-
bursable basis, for temporary duty with any Federal agency directed
to provide supervision and management for purposes of this
subsection.
(3) The furnishing of assistance or other exercise of functions under
this subsection shall not be considered a major Federal action
significantly affecting the quality of the human environment within
the meaning of the National Environmental Policy Act of 1969. 42 USC 4321
(4) Funds to carry out this subsection may be available until ^°^-
expended.
(5) To facilitate the transfer of the functions described in paragraph
(1) from the Federal Emergency Management Agency to other
Federal agencies pursuant to this subsection, the purposes for which
the funds appropriated to the President in the first paragraph under
the heading "FEDERAL EMERGENCY MANAGEMENT AGENCY"
in chapter VII of title I of the Supplemental Appropriations and
Rescission Act, 1980, are available may be construed to include use in Ante, p. 873.
carrying out this subsection to the extent that those funds are
allocated for use for any of the purposes described in paragraph (1) of
this subsection.
94 STAT. 1810 PUBLIC LAW 96-422—OCT 10, 1980
(d) The authorities provided in this section are applicable to
assistance and services provided with respect to Cuban or Haitian
entrants at any time after their arrival in the United States,
including periods prior to the enactment of this section.
"Cuban and (e) As used in this section, the term "Cuban and Haitian entrant''
Haitian means—
entrant."
(1) any individual granted parole status as a Cuban/Haitian
Entrant (Status Pending) or granted any other special status
subsequently established under the immigration laws for
nationals of Cuba or Haiti, regardless of the status of the
individual at the time assistance or services are provided; and
(2) emy other national of Cuba or Haiti—
(A) who—
(i) was paroled into the United States and has not
acquired any other status under the Immigration and
8 u s e 1101 note. Nationality Act;
(ii) is the subject of exclusion or deportation proceed-
ings under the Immigration and Nationality Act; or
(iii) has an application for asylum pending with the
Immigration and Naturalization Service; and
(B) with respect to whom a final, nonappealable, and
legally enforceable order of deportation or exclusion has not
been entered.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96-1218 (Comm. on Education and Labor).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 18, considered and pEissed House.
Sept. 25, considered and passed Senate, amended.
Sept. 30, Oct. 1, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 42:
Oct. 10, Presidential statement.