An act to provide general assistance to local educational agencies for the education of Cuban and Haitian refugee children, to provide special impact aid to such agencies for the education of Cuban and Haitian refugee children and Indochinese refugee children, and to provide assistance to State educational agencies for the education of Cuban and Haitian refugee adults.
PL 96-422 (H.R.7859), enacted 10/10/1980

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 
Ante, p. 107. 
(B) have been paroled into the United States by the 
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. 
8 u s e 1522 note. 
Post, pp. 1801, 
1803, 1807. 
AUTHORIZATIONS AND ALLOCATION OF APPROPRIATIONS 
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 
under titles II through IV for such year, the allocations to State 
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. 
8 u s e 1522 note. 
Grants. 
Aggregate 
amount 
reduction. 
TREATMENT OF CERTAIN JURISDICTIONS 
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. 
(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. 
(2) If the aggregate of the amounts determined by the Secretary 
pursuant to paragraph (1) to be so needed for any period exceeds an 
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 
opportunity for a hearing to any State educational agency, finds that 
there is a failure to meet the requirements of any title of this Act, the 
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 
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 
Notice and 
hearing. 
8 u s e 1522 note. 
Post, p. 18(37. 
STATE ENTITLEMENTS 
SEC. 201. (a) The Secretary shall, in accordance with the provisions 
of this title, make payments to State educational agencies for each of 
the fiscal years 1981,1982, and 1983 for the purpose of assisting local 
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 any 
fiscal 
year described in subsection (a), shall be 
equal to the product o
f
— 
(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 
otherwise entitled for any 
fiscal 
year, as determined under paragraph 
(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 
Cuban and 
Haitian refugee 
children. 
8 u s e 1522 note. 
Grant 
reductions. 
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. 
8 u s e 1522 note. 
Reports. 
Approval or 
disapproval. 
8 u s e 1522 note. 
APPUCATIONS 
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 
(4) provide for making such reports as the Secretary may 
resisonably require to carry out this title. 
(b) The Secretary shall approve an application which meets the 
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 
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 
of this title, make payments to State educational agencies for each of 
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 
(d) of this section, the amount of the grant to which a State 
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 
Payments. 
8 u s e 1522 note. 
Educational 
agency grants. 
94 STAT. 1804 
PUBLIC LAW 96-422—OCT 10, 1980 
Local 
educational 
agencies. 
Grant 
reductions. 
"State." 
Determinations. 
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. 
(2) The local educational agencies referred to in paragraph (1) are 
those local educational agencies in which the sum of the number of 
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. 
(3) The amount of the grant to which a State educational agency is 
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. 
(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). 
(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 
payment made to a State under this title for a fiscal year will not be 
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. 
Unused 
payments. 
USES OF FUNDS 
SEC. 302. (a) Payments made under this title to any State may be 
used in accordance with applications approved under section 303 for 
supplementary educational services and costs, as described under 
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 
to meet the costs of providing Cuban and Haitian refugee children 
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 
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— 
Refugee 
children, school 
enrollment. 
8 u s e 1522 note. 
Supplementary 
educational 
8 u s e 1522 note. 
94 STAT. 1806 
PUBLIC LAW 96-422—OCT 10, 1980 
Reports. 
Approval or 
disapproval. 
8 u s e 1522 note. 
Waiver. 
(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; 
(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. 
0)) The Secretary shall approve an application which meets the 
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 
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. 
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 
Cuban and 
Haitian refugee 
adults. 
8 u s e 1522 note. 
Grant 
reductions. 
SEC. 401. (a) The Secretary shall, in accordance with the provisions 
of this title, make payments to State educational agencies for each of 
the fiscal years 1982 and 1983 for the purposes of providing for the 
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 
otherwise entitled for any fiscal year, as determined under paragraph 
(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 
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. 
"State.' 
79-194 
O—81—pt. 2 
34 : QL3 
94 STAT. 1808 
PUBLIC LAW 96-422—OCT 10, 1980 
Refugee adults, 
school 
enrollment. 
8 u s e 1522 note. 
29 u s e 801 note. 
20 u s e 2301 
note. 
20 u s e 1205. 
USE OF FUNDS 
SEC. 402. (a) Funds made available to State educational agencies 
under this title shall be used by such agencies to provide for programs 
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 
Employment and Training Act of 1973 or under the Vocational 
Education Act of 1963. 
(b) The State educational agency shall review applications for 
grants and contracts in a manner consistent with the purposes of 
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). 
8 u s e 1522 note. 
Reports. 
Approval or 
disapproval. 
APPLICATIONS 
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 
(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. 
O
t
>
) The Secretary shall approve an application which meets the 
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 
"Cuban and 
Haitian 
entrant." 
8 u s e 1101 note. 
(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. 
(e) As used in this section, the term "Cuban and Haitian entrant'' 
means— 
(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 
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.