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(2) The State educational agency shall use the grant it receives under
this section in a way that enables the maximum number of eligible partici-
pants at least 16 years of age residing in the State to receive education
under the programs of instruction described in subsection (a)(1)(A) of this
section.
(e) GRANT
AMOUNTS
FOR
TERRITORIES
AND
POSSESSIONS.—The
amounts of the grants to which the State educational agencies of American
Samoa, Guam, the Northern Mariana Islands, the Republic of Palau, the
Republic of the Marshall Islands, the Federated States of Micronesia, and
the Virgin Islands are entitled under this section are the amounts the Sec-
retary determines they need based on criteria the Secretary prescribes. The
total amount of those grants for a period may not be more than one percent
of the amount authorized to be appropriated to carry out this section during
the period. If the total of the amounts the Secretary determines those agen-
cies need is more than one percent, the amount of the grant to each of those
agencies is reduced proportionately so that the total is not more than one
percent.
§ 13135. Applications
(a) REQUIREMENTS.—(1) In its application for a grant under this sub-
chapter, a State educational agency must agree—
(A) to ensure that it will not disapprove finally any part of a local
educational agency’s application for an amount of a grant to the State
educational agency under section 13132, 13133, or 13134 of this title
without giving the local educational agency reasonable notice and op-
portunity for a hearing; and
(B) to make reports the Secretary of Education reasonably requires
to carry out this subchapter.
(2) The State educational agency must submit an application at the time,
in the way, and containing or accompanied by information, the Secretary
requires.
(b) APPROVAL.—The Secretary shall approve an application meeting the
requirements of this section and section 13132, 13133, or 13134 of this
title, as the case may be. The Secretary may not disapprove finally an appli-
cation without giving the applicant reasonable notice and opportunity for a
hearing on the record.
§ 13136. Use of estimated information and consultation with
other agencies
(a) USE OF ESTIMATES.—When actual satisfactory information is not
available, the Secretary of Education shall use estimates to determine for
any period the number of eligible participants and the amount of a reduc-
tion required under section 13132(d), 13133(d)(2), or 13134(c)(2) of this
285
title. A determination based on an overestimate or underestimate may not
deprive a State educational agency of any part of the amount the agency
would be entitled to receive under this subchapter if the determination were
based on accurate information.
(b) CONSULTATION WITH OTHER AGENCIES.—To the extent it will make
it easier to determine the amount of a reduction required under section
13132(d), 13133(d)(2), or 13134(c)(2) of this title, the Secretary shall con-
sult with the heads of other agencies providing assistance to eligible partici-
pants—
(1) to obtain information about the amounts those agencies disburse
for educational purposes under programs the agency heads administer;
and
(2) when feasible, to coordinate the programs those agency heads ad-
minister and the programs under this subchapter.
§ 13137. State administrative costs
The Secretary of Education may pay each State educational agency an
amount equal to the amount the agency expends in carrying out its duties
and powers properly and efficiently under this subchapter. However, the
total payments for a period may not be more than 2 percent of the amount
the agency receives for the period under this subchapter.
§ 13138. Withholding payments
(a) AUTHORITY TO WITHHOLD.—When the Secretary of Education de-
cides that a State educational agency receiving payments under section
13132, 13133, or 13134 of this title, or a local educational agency or other
entity receiving payments from the State educational agency under section
13134, is not complying with a requirement of this subchapter that applies
to the section, the Secretary, until satisfied that there is no longer a failure
to comply, shall—
(1) stop making payments to the State educational agency under sec-
tion 13132, 13133, or 13134 of this title; or
(2) prohibit the State educational agency from making payments
under section 13134 to the local educational agency or other entity that
is causing, or involved in, the failure.
(b) NOTICE AND OPPORTUNITY FOR HEARING.—The Secretary—
(1) may act under subsection (a) of this section only after giving the
State educational agency reasonable notice and opportunity for a hear-
ing; and
(2) shall notify the State educational agency of the action the Sec-
retary is taking under subsection (a) of this section.
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§ 13139. Authorization of appropriations and allocation of
total amount appropriated
(a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—Amounts necessary
to make grants to each State educational agency under this subchapter and
to pay for administrative costs under section 13137 of this title may be ap-
propriated for the fiscal year ending September 30, 19ll. The amounts
shall be appropriated in a lump sum for all programs under this subchapter.
(b) AUTHORIZATION
OF APPROPRIATIONS
FOR BASIC PUBLIC EDU-
CATIONAL SERVICES GRANTS.—To make grants to State educational agen-
cies in the way provided under this section, an amount may be appropriated
under subsection (a) of this section for each fiscal year equal to the product
of—
(1) the number of eligible participants enrolled in elementary or sec-
ondary public schools under the jurisdiction of local educational agen-
cies in all States (except American Samoa, Guam, the Northern Mari-
ana Islands, the Republic of Palau, the Republic of the Marshall Is-
lands, the Federated States of Micronesia, and the Virgin Islands) dur-
ing the fiscal year for which the determination of that number is made;
multiplied by
(2) $400.
(c) ALLOCATIONS OF APPROPRIATIONS.—(1) If the amounts appropriated
for a fiscal year to make grants under this subchapter are not enough to
pay the total amount of the grants to which State educational agencies are
entitled under sections 13132–13134 of this title for the fiscal year, the al-
location to each agency under each of those sections shall be ratably reduced
so that the total of the allocations is not more than the amounts appro-
priated.
(2) Allocations reduced under paragraph (1) of this subsection shall be
increased on the same basis that they were reduced if amounts later become
available to make grants under this subchapter for the period.
SUBCHAPTER III—CUBAN AND HAITIAN ENTRANTS
§ 13151. Definition
In this subchapter, ‘‘Cuban or Haitian entrant’’ means—
(1) an alien granted parole status as a Cuban/Haitian Entrant (Sta-
tus Pending) or granted another special status later established under
law for nationals of Cuba or Haiti, without regard to the status of the
alien when assistance is provided under this subchapter; and
(2) any other national of Cuba or Haiti—
(A)(i) paroled into the United States who has not acquired an-
other status under this title;
287
(ii) who is the subject of exclusion or deportation proceedings
under this title; or
(iii) having an application for asylum pending before the Attor-
ney General; and
(B) about whom a final, nonappealable, and legally enforceable
exclusion or deportation order has not been entered.
§ 13152. Presidential authority
The President has the same duties and powers related to a Cuban or Hai-
tian entrant as the duties and powers vested under subchapter I of this
chapter. Those duties and powers apply to assistance and services provided
to a Cuban or Haitian entrant at any time after the entrant’s arrival in
the United States, including periods before October 10, 1980. The President
may provide by regulation that benefits granted under a law of the United
States (except this title) to an individual admitted to the United States
under section 5105 of this title shall be provided in the same way and to
the same extent to a Cuban or Haitian entrant.
§ 13153. General assistance
(a) TYPES OF ASSISTANCE.—Under the direction of the President, any
agency may provide assistance (including materials, supplies, equipment,
work, services, or facilities) for the processing, care, security, transportation,
and initial reception and placement in the United States of a Cuban or Hai-
tian entrant on terms the President prescribes. The President may direct
the head of one agency to detail personnel (on a reimbursable or
nonreimbursable basis) for temporary duty with another agency that the
President has directed to supervise or manage assistance under this section.
(b) REIMBURSEMENT.—Amounts to carry out this section—
(1) shall be used to reimburse State governments and political sub-
divisions for expenses incurred in providing assistance under subsection
(a) of this section; and
(2) may be used to reimburse an agency providing assistance under
subsection (a) of this section.
(c) APPLICATION
OF
NATIONAL
ENVIRONMENTAL
POLICY
ACT
OF
1969.—The carrying out of a duty or power under this section is not a
major action of the United States Government significantly affecting the
quality of the human environment under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(d) AVAILABILITY OF APPROPRIATIONS.—Amounts—
(1) appropriated under section 13112 of this title are available to
carry out this subchapter; and
(2) available to carry out this subchapter remain available until ex-
pended.