An Act to provide Federal financial assistance to States in order to assist local educational agencies to provide education to Vietnamese and Cambodian refugee children, and for other purposes.
PL 94-405 (S.2145), enacted 09/10/1976

PUBLIC LAW 94-405—SEPT. 10, 1976 
90 STAT. 1225 
Public Law 94-405 
94th Congress 
An Act 
To provide Federal financial assistance to States in order to assist local educa-
tional agencies to provide education to Vietnamese and Cambodian refugee 
children, and for other purposes. 
Be it enaxited hy the Senate and House of Representatives 
of the 
United States of America 
in Congress assembled^ That this Act may 
be cited as the "Indochina Refugee Children Assistance Act of 1976". 
T I T L E I—PROGRAM F O R T H E 1976 F I S C A L Y E A R 
APPLICABILITY; DEFINITIONS 
SEC. 101. (a) The provisions of this title shall be applicable for 
fiscal year 1976. 
(b) As used in this title— 
(1) The 
term 
"Commissioner" 
means 
the 
Commissioner 
of 
Education. 
(2) The term "elementary school" means a day or residential school 
which provides elementary education, as determined under State law. 
(3) The term "free public education" means education which is 
provided at public expense under public supervision and direction, 
and without tuition charge, and which is provided as elementary or 
secondary school education in the applicable State. 
(4) The term "Indochinese refugee children" means children who 
are refugees within the meaning of that term as defined in section 3 
of the Indochina Migration and Refugee Assistance Act of 1975. 
(5) The term "average per pupil expenditure" for a State means 
the aggregate current expenditures during the second fiscal year pre-
ceding the fiscal year for which the determination is made (or if 
satisfactory data for that year are not available at the time of com-
putation, then during the most recent preceding fiscal year for which 
satisfactory data are available) of all local educational agencies in 
the State, plus any direct current expenditures by the State for the 
operation of such agencies (without regard to the source of funds 
from which either of such expenditures is made), divided by the 
aggregate number of children in average daily attendance to whom 
such agencies provided free public education during such preceding 
year. 
(6) The term "current expenditures" means all expenditures for 
free public education, except for (A) expenditures attributable to 
fixed charges, including payments of principal and interest on short-
term and long-term debt, and payments for retirement benefits, for 
insurance and judgments, for rental of land and buildings, and for 
construction costs, (B) expenditures attributable to admmistration, 
and (C) expenditures attributable to transportation or building 
maintenance. 
(7) The term "local educational agency" means a public board of 
education or other public authority legally constituted within a State 
for either administrative control or direction of, or to perform a 
service function for, public elementary or secondary schools in a city, 
Sept. 10. 1976 
[S. 2145] 
Indochina 
Refugee Children 
Assistance Act of 
1976. 
20 use 1211b 
note. 
20 use 1211b 
note. 
22 use 2601 
note. 
90 STAT. 1226 
PUBLIC LAW 94-405—SEPT. 10, 1976 
^ county, township, school district, or other political subdivision of a 
State, or such combination of school districts or counties as are recog-
nized in a State as an administrative agency for its public elementary 
or secondary schools. Such term also includes any other public institu-
, 
tion or agency having administrative control and direction of a public 
elementary or secondaiy school. 
(8) The term "secondary school" means a day or residential school 
which provides secondary education, as determined under State law. 
(9) The term "State" includes, in addition to the several States 
of the Union, the Commonwealth of Puerto Rico, the District of 
Columbia, Guam, American Samoa, the Virgin Islands, and the Trust 
Territory of the Pacific Islands. 
(10) The term "State educational agency" means the State board 
of education or other agency or officer primarily responsible for the 
State supervision of public elementary and secondary schools, or if 
there is no such officer or agency, an officer or agency designated by 
the Governor or by State law. 
(11) 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 
26 use 501. 
Internal Revenue Code. 
STATE ENTITLEMENTS 
20 use 1211b 
SEC. 102. (a) The Commissioner shall, in accordance with the pro-
note, 
visions of this title, make payments to State educational agencies for 
the fiscal year 1976 for the purposes set forth in section 103, 
(b) (1) Subject to the provisions of paragraphs (2) and (3), each 
State educational agency shall be entitled to receive, for the fiscal 
year ending June 30, 1976, an amount which, in addition to any 
amounts received by such agency and the local educational agencies 
of such State in that fiscal year under the Indochina Migration and 
22 use 2601 
Refugee Assistance Act of 1975, equals the additional expenditures, 
note, 
as determined under section 103, incurred by such State and local 
education agencies in that fiscal year in providing additional basic 
educational services and necessary supplementary educational serv-
ices for Indochinese refugee children, 
(2) For the fiscal year ending June 30, 1976, no State educational 
agency shall be entitled to receive an amount under this title, which, 
when combined with any funds received by such agency and the 
local educational agencies of such State in such fiscal year under the 
Indochina Migration and Refugee Assistance Act of 1975, exceeds 
an amount equal to the average per pupil expenditure in such State 
for such fiscal year multiplied by the number of Indochinese refugee 
children in such State receiving public educational services, 
"State." 
(3) For the purpose of this subsection, the term "State" does not 
include American Samoa, the Virgin Islands, and the Trust Territory 
of the Pacific Islands, 
(c) (1) The jurisdictions to which this subsection applies are Ameri-
can Samoa, the Virgin Islands, and the Trust Territory of the Pacific 
Islands. 
(2) Each jurisdiction to which this subsection applies shall be 
entitled to a grant for the purposes set forth in section 103 in an 
amount equal to an amount determined by the Commissioner in accord-
ance with criteria established by him, except that the aggregate of the 
amount to which such jurisdictions are so entitled for any fiscal year 
shall not exceed an amount equal to 1 per centum of the aggregate of 
PUBLIC LAW 94-405—SEPT. 10, 1976 
90 STAT. 1227 
the amounts to which all States are entitled under subsection (b) of 
this section for that fiscal year. If the aggregate of the amounts, deter-
mined by the Commissioner pursuant to the preceding sentence, to be 
so needed for any fiscal year exceeds an amount equal to such 1 per 
centum limitation, the entitlement of each such jurisdiction shall be 
reduced proportionately until such aggregate does not exceed such 1 
per centum limitation. 
(d) Determinations with respect to the number of Indochinese 
refugee children by the Commissioner under this section for any 
fiscal year shall be made, whenever actual satisfactory data are not 
available, on the basis of estimates. No such determination shall oper-
ate, because of an underestimate, to deprive any State educational 
agency of its entitlement to any payment (or the amount thereof), 
under this section to which such agency would be entitled had such 
determination been made on the basis of accurate data. 
USES OF FUNDS 
SEC. 103. (a) Financial assistance to State and local educational 
agencies under this title shall be available only to meet the cost of 
providing Indochinese refugee children— 
(1) supplementary educational services necessary to enable 
those children to achieve a satisfactory level of performance 
including, but not limited to— 
(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 Indochinese 
refugee children, including the cost of providing additional class-
room teachers and additional teaching materials and supplies, 
but not including overhead costs, costs of construction, acquisition 
or rental of space, or costs of transportation; and 
(3) special inservice training for personnel who will be pro-
viding instruction described in either paragraph (1) or (2). 
(b) The Commissioner shall by regulation prescribe standards for 
the determination of the actual additional expenditures incurred by 
State and local educational agencies in providing educational services 
for Indochinese refugee children. Such standards may include— 
(1) maximum incremental costs for providing basic educa-
tional services in relation to the number of additional children; 
(2) maximum allowable costs for particular types of supple-
mentary educational services; and 
(3) to the extent consistent with this section, categories of pro-
grams, services, and expenditures for which funds provided under 
this title may be used. 
20 use 1211b 
note. 
Standards. 
ALLOCATION OF APPROPRIATIONS 
SEC. 104. (a) If the sums appropriated for the fiscal year 1976 for 
making the payments provided for in this title are not sufficient to pay 
in full the total amounts which State educational agencies are entitled 
to receive under this title for such year, the allocations to such State 
educational agencies shall be ratably reduced to the extent necessary 
to bring the aggregate of such allocations within the limits of the 
amount so appropriated. 
20 use 1211b 
note. 
90 STAT. 1228 
PUBLIC LAW 94-405—SEPT. 10, 1976 
(b) In the event that funds become available for making payments 
under this title for such fiscal year after allocations have been made 
under subsection (a) for that year, the amounts reduced under subsec-
tion (a) shall be increased on the same basis as they were reduced. 
APPLICATIONS 
Submittal to 
SEC. 105. (a) No State educational agency shall be entitled to any 
Commissioner. 
payment under this title for any fiscal year unless that agency submits 
20 use 1211b 
j^jj application to the Commissioner at such time, in such manner, 
°°*®' 
and containing or accompanied by such information, as the Com-
missioner may reasonably require. Each such application shall— 
(1) provide that the educational programs, services, and 
activities for which payments under this title are made will be 
administered by or under the supervision of the agency; 
(2) provide that payments under this title will be used for 
purposes set forth in section 103; 
(3) provide such data and assurances as the Commissioner may 
prescribe— 
I 
(A) to demonstrate that the costs of the additional instruc-
tional services for which the payment will be made are the 
direct result of the presence of Indochinese refugee children 
and that those additional instructional services will actually 
^ 
be provided to those children for the duration of the period 
for which assistance is made available under this title; and 
(B) to demonstrate that such payments are distributed 
/ 
between the State educational agency and the local educa-
tional agencies within the State in proportion to the con-
tribution to such costs by each such agency; 
(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; 
(5) provide for making such reports as the Commissioner may 
reasonably require to perform his functions under this title; and 
(6) provide assurances— 
(i) that to the extent consistent with the number of Indo-
Chinese refugee children enrolled in the elementary or second-
ary 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, materials, and equipment necessary for the education 
of such children; 
(ii) that the control of funds provided under this para-
graph and title to materials, equipment, and property 
repaired, remodeled, or constructed therewith shall be in a 
public agency for the uses and purposes provided in this title, 
,is, ; .; 
and a public agency shall administer such funds and prop-
. 
erty; and 
(iii) 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 pro-
vision of such services, is independent of such elementary or 
secondary nonpublic school and of any religious organization; 
PUBLIC LAW 94-405—SEPT. 10, 1976 
90 STAT. 1229 
and such employment or contract shall be under the control 
and supervision of such public agency, and the funds pro-
vided under this paragraph shall not be commingled with 
State or local funds, 
(b) The Commissioner shall approve an application which meets 
the requirements of subsection (a). The Commissioner shall not finally 
disapprove an application of a State educational agency except after 
reasonable notice and opportunity for a hearing on the record to such 
agency. 
PAYMENT 
SEC. 106. (a) The Commissioner shall pay to each State educa-
tional agency having an application approved under section 105 the 
amount which that State is entitled to receive under section 102. 
(b) The Commissioner is authorized to pay to each State educa-
tional agency amounts equal to the amounts expended by it for the 
proper and efficient administration of its functions under this title, 
except that the total of such payments for any fiscal year shall not 
exceed 1 per centum of the amounts to which that State educational 
agency is entitled to receive for that year under this title. 
(c) If a State is prohibited by law from providing public educa-
tional services for children enrolled in elementary and secondary non-
public schools, as required by section 105(a)(6), the Commissioner 
may waive such requirement and shall arrange for the provision of 
services to such children through arrangements which shall be subject 
to the requirements of this title. 
Approval. 
Notice and 
hearing. 
20 use 1211b 
note. 
Waiver. 
WITHHOLDING 
SEC. 107. Whenever the Commissioner, after reasonable notice and 
opportunity for a hearing to any State educational agency, finds that 
there is a failure to meet the requirements of this title, the Commis-
sioner shall notify that agency that further payments will not be made 
to the agency under this title, or in his discretion, that the State edu-
cational agency shall not make further payments under this title to 
specified local educational agencies (whose actions cause or are 
involved in such failure) until he is satisfied that there is no longer any 
such failure to comply. Until he is so satisfied, no further payments 
shall be made to the State educational agency under this title or pay-
ments by the State educational agency under this title shall be limited 
to local educational agencies whose actions did not cause or were not 
involved in the failure, as the case may be. 
Notice and 
hearing. 
20 use 1211b 
note. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 108. There are authorized to be appropriated for fiscal year 
1976 such sums as may be necessary to make payments to which State 
educational agencies are entitled under this title and payments for 
administration under section 106(b). 
TITLE II—PROGEAM FOR THE TRANSITION PERIOD 
AND THE 1977 FISCAL YEAR 
20 use 1211b 
note. 
APPLICABILITY: DEFINITIONS 
SEC. 201. (a) The provisions of this title shall be applicable for 20 USC 1211b 
the period beginning July 1, 1976, and ending September 30, 1977. 
note. 
90 STAT. 1230 
PUBLIC LAW 94-405—SEPT. 10, 1976 
(b) As used in this title— 
(1) The term "Commissioner" means the Commissioner of 
Education. 
(2) The term "elementary school" means a day or residential school 
which provides elementary education, as determined under State law. 
(3) The term "Indochinese refugee children" means children who 
are refugees within the meaning of that term as defined in section 3 of 
22 use 2601 
the Indochina Migration and Refugee Assistance Act of 1975. 
note- 
(4) The term "local educational agency" means a public board of 
education or other public authority legally constituted within a State 
for either administrative control or direction of, or to perform a 
" -
" 
service function for, public elementary or secondary schools in a city, 
county, township, school district, or other political subdivision of a 
State, or such combination of school districts or counties as are recog-
nized in a State as an administrative agency for its public elementarj 
or secondary schools. Such term also includes any other public insti-
tution or agency having administrative control and direction of a 
public elementary or secondary school, 
(5) The term "secondary school" means a day or residential school 
which provides secondary education, as determined under State law. 
(6) The term "State" includes, in addition to the several States of 
the Union, the Commonwealth of Puerto Rico, the District of Colum-
bia, Guam, American Samoa, the Virgin Islands, and the Trust Terri-
tory of the Pacific Islands. 
(7) The term "State educational agency" means the State board 
of education or other agency or officer primarily responsible for the 
State supervision of public elementary and secondary schools, or if 
there is no such officer or agency, an officer or agency designated by 
the Governor or by State law. 
(8) 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 
26 use 501. 
Internal Revenue Code. 
STATE 
ENTITLEMENTS 
20 use 1211b 
SEC. 202. (a) The Commissioner shall, in accordance with the pro-
mote, 
visions of this title, make payments to State educational agencies for 
the period July 1, 1976, through September 30, 1977, for the purposes 
set forth in section 203. 
(b)(1) Except as provided in subsection (d) of this section, the 
maximum amount of the grant to which a State educational agency is 
entitled under this title, for the period beginning July 1, 1976, and 
ending September 30,1977, shall be equal to the sum of— 
(A) the number of Indochinese refugee children aged 5 to 17, 
*
^ 
inclusive, receiving public educational services under the super-
vision of each local educational agency within that State during 
the period for which the determination is made; 
multiplied by— 
(B) the lesser of— 
(i) $300 for each of the first one hundred such children 
who are furnished such services under the supervision of each 
local educational agency within such State, or 
(ii) if the number of such children equals or exceeds 1 per 
centum of the total number of children enrolled in the schools 
'' -' * • ' ; '^ 
of that agency, $300 for each such child in such 1 per centum 
PUBLIC LAW 94-405—SEPT. 10, 1976 
90 STAT. 1231 
who is furnished such services under the supervision of each 
local educational agency within such State; and 
(C) $600 for each additional such child in excess of one hun-
dred such children, or in excess of such 1 per centum, as the case 
may be, being furnished such services under the supervision of 
that agency. 
(2) For the purpose of this subsection, the term "State" does not "State." 
include American Samoa, the Virgin Islands, and the Trust Territory 
of the Pacific Islands. 
(c)(1) The jurisdictions to which this subsection applies are Ameri-
can Samoa, the Virgin Islands, and the Trust Territory of the Pacific 
Islands. 
(2) Each jurisdiction to which this subsection applies shall be enti-
tled to a grant for the purposes set forth in section 203 in an amount 
equal to an amount determined by the Commissioner in accordance 
with criteria established by him, except that the aggregate of the 
amount to which such jurisdictions are so entitled for any period shall 
not exceed an amount equal to 1 per centum of the aggregate of the 
amounts to which all States are entitled under subsection (b) of this 
section for that period. If the aggregate of the amounts, determined 
by the Commissioner pursuant to the preceding sentence, to be so 
needed for any period exceeds an amount equal to such 1 per centum 
limitation, the entitlement of each such jurisdiction shall be reduced 
proportionately until such aggregate does not exceed such 1 per 
centum limitation. 
(d) Notwithstanding any other provision of this section, no State 
educational agency shall be entitled to receive a grant for any period 
in excess of the amount equal to the amount to which such agency 
would otherwise be entitled under this section for that period minus 
the sum of the amounts received by the local educational agencies of 
that State and by that State educational agency for that period under 
the Indochina Migration and Refugee Assistance Act of 1975. 
(e) Determinations with respect to the number of Indochinese 
refugee children by the Commissioner under this section for any period 
shall be made, whenever actual satisfactory data are not available, on 
the basis of estimates. No such determination shall operate, because of 
an underestimate, to deprive any State educational agency of its enti-
tlement to any payment (or the amount thereof), under this section to 
which such agency would be entitled had such determination been 
made on the basis of accurate data. 
22 use 2601 
note. 
USES o r 
FUNDS 
SEC. 203. Payments made under this title to any State may be used 
in accordance with applications approved under section 205 for public 
educational services for Indochinese refugee children in the schools 
of the local educational agencies of that State and in elementary and 
secondary nonpublic schools of that State. 
20 use 1211b 
note. 
ALLOCATION OF APPROFRIATIONS 
SEC. 204. (a) If the sums appropriated for the period from July 1, 
1976, to September 30, 1977, for making the payments provided for 
in this title are not sufficient to pay in full the total amounts which 
State educational agencies are entitled to receive under this title for 
such period, the allocations to such State educational agencies shall 
20 use 1211b 
note. 
note 
90 STAT. 1232 
PUBLIC LAW 94-405—SEPT. 10, 1976 
be ratably reduced to the extent necessaiy to bring the aggregate of 
such allocations within the limits of the amount so appropriated. 
(b) In the event that funds become available for making payments 
under this title for such period after allocations have been made under 
subsection (a) for that period, the amounts reduced under subsection 
(a) shall be increased on the same basis as they were reduced. 
APPLICATIONS 
Submittal to 
SEC. 205. (a) No State educational agency shall be entitled to any 
^°'?J^P®^°°®'"" 
payment under this title for any period unless that agency submits 
nntA 
^^^^^ 
an application to the Commissioner at such time, in such manner, and 
containing or accompanied by such information, as the Commissioner 
may reasonably require. Each such application shall— 
(1) provide that the educational programs, services, and activi-
ties for which payments under this title are made will be admin-
istered by or under the supervision of the agency; 
(2) provide that payments under this title will be used for 
purposes set forth in section 203; 
(3) provide assurances that such payments will be distributed 
among local educational agencies within that State in accordance 
with sections 202(b)(1) and 202(d); 
(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; 
(5) provide for making periodic reports to the Commissioner 
evaluating the effectiveness of the payments made under this title, 
and such other reports as the Commissioner may reasonably 
require to perform his functions under this title; and 
(6) provide assurances— 
(i) that to the extent consistent with the number of Indo-
chinese refugee children enrolled in the elementary or sec-
ondary nonpublic schools within the district served by a local 
educational agency, such agency, after consultation with ap-
propriate officials of such schools, shall provide for the benefit 
of these children secular, neutral, and nonideological services, 
materials, and equipment necessary for the education of such 
children; 
(ii) that the control of funds provided under this para-
graph and title to materials, equipment, and property 
repaired, remodeled, or constructed therewith shall be in a 
public agency for the uses and purposes provided in this title, 
and a public agency shall administer such funds and prop-
erty ; and 
(iii) that tbe provision of services pursuant to this para-
graph shall be provided by employees of a nublic agency or 
through contract by such public agency with a person, asso-
ciation, agency, or corporation who or which, in the provision 
of such services, is independent of such elementary or sec-
ondary nonpublic school and of any religious organization; 
and such employment or contract shall be under the control 
and supervision of such public agency, and the funds pro-
vided under this paragraph shall not be commingled with 
State or local funds. 
41 lU 
1^ 
PUBLIC LAW 94-405—SEPT. 10, 1976 
90 STAT. 1233 
(b) The Commissioner shall approve an applieation which meets 
the requirements of subsection (a). The Commissioner shall not finally 
disapprove an application of a State educational agency except after 
reasonable notice and opportunity for a hearing on the record to such 
agency. 
PAYMENTS 
SEC. 206. (a) The Commissioner shall pay to each State educational 
agency having an application approved under section 205 the amount 
which that State is entitled to receive under this title. 
(b) The Commissioner is authorized to pay to each State educa-
tional agency amounts equal to the amounts expended by it for the 
proper and efficient administration of its functions under this title, 
except that the total of such payments for any period shall not exceed 
1 per centum of the amounts which that State educational agency is 
entitled to receive for that period under this title. 
(c) If a State is prohibited by law from providing public educa-
tional services for children enrolled in elementary and secondary 
nonpublic schools, as required by section 205 (a)(6), the Commissioner 
may waive such requirement and shall arrange for the provision of 
services to such children through arrangements which shall be subject 
to the requirements of this title. 
Approval. 
Notice and 
hearing. 
20 use 1211b 
note. 
WITHHOLDING 
SEC. 207. Whenever the Commissioner, after reasonable notice and 
opportunity for a hearing to any State educational agency, finds that 
there is a failure to meet the requirements of this title, the Commis-
sioner shall notify that agency that further payments will not be made 
to the agency under this title, or in his discretion, that the State edu-
cational agency shall not make further payments under this title 
to specified local educational agencies (whose actions cause or are 
involved in such failure) until he is satisfied that there is no longer any 
such failure to comply. Until he is so satisfied, no further payments 
shall be made to the State educational agency under this title or pay-
ments by the State educational agency under this title shall be limited 
to local educational agencies whose actions did not cause or were not 
involved in the failure, as the case may be. 
Notice and 
hearing. 
20 use 1211b 
note. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 208. There are authorized to be appropriated for the period 
beginning July 1, 1976, and ending September 30, 1977, such sums as 
may be necessary to make payments to which State educational agen-
cies are entitled under this title and payments for administration 
under section 206(b). 
TITLE III—ADULT EDUCATION PKOVISION 
AMENDMENT TO THE ADULT EDUCATION ACT 
SEC. 301. The Adult Education Act (Public Law 91-230) is 
amended by adding the following new section at the end thereof: 
20 use 1211b 
note. 
20 use 1201 
note. 
'EMERGENCY ADULT EDUCATION PROGRAM FOR INDOCHINA REFUGEES 
"SEC. 315. (a) From the appropriations authorized for the period Grants, 
beginning July 1,1976, and ending September 30,1977, but not appro- 20 USe 1211b. 
priated for other programs under this title, the Commissioner sliall 
90 STAT. 1234 
PUBLIC LAW 94-405—SEPT. 10, 1976 
carry out a program of making grants to State and local education 
agencies for such years for the purpose of operating special adult 
education programs for Indochina refugees, as defined in section 3 of 
22 use 2601 
the Indochina Migration and Eefugee Assistance Act of 1975. Such 
note- 
grants may be used for— 
" (1) programs of instruction of adult refugees in basic reading, 
mathematics, development and enhancement of necessary skills, 
and promotion of literacy among refugee adults, for the purpose 
of enabling them to become productive members of American 
society; 
"(2) administrative costs of planning and operating such pro-
grams of instruction; 
"(3) educational support services which meet the needs of adult 
refugees, including but not limited to guidance and counseling 
' 
with regard to educational, career, and employment opportuni-
ties ; 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 Employment 
29 use 801 note. 
and Training Act of 1973 or under the Vocational Education Act 
20 use 1241 
of 1963. 
note. 
"(b) The Commissioner shall not approve an application for a grant 
State education 
under this section unless (1) in the case of an application by a local 
agency review. 
education agency, it has been reviewed by the respective State educa-
tion agency which shall provide assurance to the Commissioner that, if 
approved by the Commissioner, the grant will not duplicate existing 
and available programs of adult education which meet the special 
needs of Indocliina refugees, and (2) the application includes a plan 
acceptable to the Commissioner which provides reasonable assurances 
that adult refugees who are in need of a program are located in an 
area near that State or local education agency, and would participate 
in the program if available. 
^ 
"(c) Applications for a grant under this section shall be submitted 
at such time, in such manner, and contain such information as the 
Commissioner may reasonably require. 
"(d) Notwithstanding the provisions of sections 305 and 307(a), the 
Commissioner shall pay all the costs of applications approved by him 
under this section.". 
Approved September 10, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-719 accompanying H.R. 7897 (eomm. on Education and 
Labor) and No. 94-1333 (eomm. of eonference). 
SENATE REPORT No. 94-432 (eomm. on Labor and Public Welfare). 
eONGRESSIONAL REeORD: 
Vol. 121 (1975): Oct. 29, considered and passed Senate. 
Vol. 122 (1976): Jan. 19, considered and passed House, amended, in lieu of H.R. 
: 
7897. 
Aug. 30, House agreed to conference report. 
; 
Sept. 1, Senate agreed to conference report. 
*
»