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in elementary and secondary nonpublic schools of that State within the districts served by such agencies.
(b) Financial aassistance provided under this title shall be available to meet the costs of providing eligible participants supplementary educational services, included but not limited to
(1) supplementary educational services necessary to enable those chidren to achieve a satisfactory level of performance, including
(A) English language instruction;
(C) special materials and supplies; (2) additional basic instructional services which are directly attributable to the presence in the school district of eligible participants, 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 providing instruction described in either paragraph (1) or (2) of this subsection.
Sec. 303. (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 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 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 accordance with section 301, subject to any reductions in payments for local educational agencies identified under paragraph (5) to take into account the funds described by section 301(b)(3) that are made available for educational, or education-related, services or activities for eligible participants enrolled in elementary or secondary public schools under the jurisdiction of such agencies or elementary or secondary nonpublic schools within the districts served by such agencies;
(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) specify (A) the amount of funds described by section 301(b)(3) that are made available under other Federal laws to agencies or other entities for educational or education-related, services or activities within the State because of a significant concentration of eligible participants, and (B) the local educational agencies within whose districts are eligible participants provided services from such funds who are enrolled in elementary or secondary schools under the jurisdiction of such agencies, or in elementary or secondary nonpublic schools served by such agencies;
(6) provide for making such reports as the Secretary may reasonably require to perform his functions under this Act; and (7) provided assurances —
(A) that to the extent consistent with the number of eligible participants 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, materials, and equipment necessary for the education of such children;
(B) that the control of funds provided under this paragraph and the title to any materials, equipment, and property 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 paragraph 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 organization; 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 commin
gled with State or local funds. (b) The Secretary shall approve an application which meets the requirements of subsection (a). The Secretary 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.
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.
(b) 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(a)(6), or if the Secretary determines 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 children through arrangements which shall be subject to the requirements of this Act.
TITLE IV-ADULT EDUCATION PROGRAMS
SEC. 401. (a) The Secretary shall, in accordance with the provisions of this title, make payments to State educational agencies for the fiscal year 1982, and for each subsequent fiscal year for the purposes of providing for the operation of adult education programs as described under section 402 for eligible participants aged 16 or older. Payments made under this title to any State shall be used in accordance with applications approved under section 403.
(b)(1) Except as provided in subsection (c) of this section, the 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 eligible participants aged 16 or older who are enrolled, during the period for which the determination 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 (other than section 303 of the Elementary and Secondary Education Act of 1965) 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 (A) such amounts are made available for such purposes specifically because of the refugee, parolee, or asylee status of the individuals to be served by such funds, and (B) such amounts are made available to provide assistance to individuals eligible for services under this title. 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 with respect to the number of eligible participants and the amount of the reduction under subsection (b)(2) 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.
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 eligible participants aged 16 or older in need of such services who are not enrolled in elementary or secondary public schools under the jurisdiction 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 institutions 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 enhamcement of necessary skills, and for the promotion of literacy among such refugees;
(2) administrative costs of planning and operating such programs of instruction;
(3) educational support services which meet the need of such adult refugees, including guidance and counseling with regard to educational, career, and employment opportunities; and
(4) special projects designed to operate in conjunction with existing Federal and non-Federal programs and activities develop occupational and related skills for individuals, particularly 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 eligible participants aged 16 or older residing within the State receive education under the programs of instruction described under subsection (a).
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 payments made under this title will be used only for the purposes, and in the manner, set forth in section 402;
(2) specify the amount of reduction required under section 401(b)(2);
(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 entity submitting an application for such funds reasonable notice and opportunity for a hearing; and
(4) provide for making periodic reports to the Secretary evaluating 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. (b) The Secretary shall approve an applcation which meets the requirements of subsection (a). The Secretary 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. TITLE V-OTHER PROVISIONS RELATING TO CUBAN AND HAITIAN
AUTHORITIES FOR OTHER PROGRAMS AND ACTIVITIES
Sec. 501. (a)1) The President shall exercise authorities with respect 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 that Act shall be available to carry out this section without regard to 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 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 admitted to the United States under section 207(c) of the Immigration and Nationality Act shall be granted in the same manner and to the same extent with respect to Cuban and Haitian entrants.
(c)(1)(A) 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 State and local governments for expenses which they incur 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 detail personnel of that agency, on either a reimbursable or nonreimbursable 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.
(4) Funds to carry out this subsection may be available until expended.
(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 entrants” 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) any 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 proceedings 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.
F. REFUGEE ASSISTANCE EXTENSION ACT OF 1986
(Public Law 99-605, November 6, 1986, 100 Stat. 3449)
SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) SHORT TITLE.—This Act may be cited as the “Refugee Assistance Extension Act of 1986".
(b) AMENDMENTS TO IMMIGRATION AND NATIONALITY Act.—Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Immigration and Nationality Act. SEC. 2. TWO-YEAR EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.
[Omitted; amended section 414.]
SEC. 3. PLACEMENT OF OFFICE OF REFUGEE RESETTLEMENT WITHIN THE OFFICE OF SECRE
TARY OF HEALTH AND HUMAN SERVICES AND CLARIFYING ROLE OF SECRETARY OF
EDUCATION. (a) PROVISION OF ASSISTANCE FOR REFUGEE CHILDREN BY SECRETARY OF EDUCATION.-Section 412(dX1) (8 U.S.C. 1522(d)(1)) is amended by striking out "Director” and inserting in lieu thereof “Secretary of Education”.
(b) AUTHORIZING SECRETARY OF EDUCATION AND ATTORNEY GENERAL TO ISSUE REGULATIONS.—Section 412(a)(9) (8 U.S.C. 1522a\9)) is amended by inserting “, the Secretary of Education, the Attorney General,” after “The Secretary”. SEC. 4. POLICIES FOR PLACEMENT OF REFUGEES AND REGULAR CONSULTATION WITH STATE
AND LOCAL GOVERNMENTS IN PLACEMENT PROCESS. [Omitted; amended section 412(a)(2).] SEC. 5. RECEPTION AND PLACEMENT GRANTS.
(a) DIRECT GAO Audit OF GRANTS.— [Omitted; added paragraph (6) to $ 412(b).] (b) REQUIREMENTS UNDER GRANTS.- (Omitted; added paragraph (7) to $ 412(b).]
(c) PERFORMANCE CRITERIA FOR GRANTS.—[Omitted; added paragraph (8) to § 412(b).]
(d) EFFECTIVE DATES OF AMENDMENTS.—(1) Section 412(b)(7) (other than subparagraphs (BX(i), (C), and (D)) of the Immigration and Nationality Act, as added by subsection (bX1) of this section, shall apply to grants and contracts made or renewed after the end of the 30-day period beginning on the date of the enactment of this Act.
(2) Section 412(bX7/(D) of the Immigration and Nationality Act, as added by subsection (bX1) of this section, shall apply to grants and contracts made or renewed after the end of the six-month period beginning on the date of the enactment of this Act.
(3) The criteria required under the amendment made by subsection (c) shall be established not later than 60 days after the date of the enactment of this Act.
(e) REPORT ON RECEPTION AND PLACEMENT GRANTS.—1) Within amounts provided in appropriation acts, the United States Coordinator for Refugee Affairs shall provide for a study on the advisability and feasibility of
(A) using competitive proposals, cost reimbursement contracts, financial incentives based on performance standards, and other means for providing greater efficiency in awarding grants and contracts for initial reception and placement under section 412(b) of the Immigration and Nationality Act,
(B) modifying the eligibility requirements for agency participation under that section,
(C) permitting refugee mutual assistance associations to participate under that section and to apply for such grants and contracts, and
(D) using financial incentives linked to performance standards in awarding social service grants and contracts for services under section 412(c) of the Immi
gration and Nationality Act. (2) The Coordinator shall submit the results of the study to Congress not later than six months after the date of the enactment of this Act.
(f) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR RECEPTION AND PLACEMENT SERVICES.-(1) In order to insure that sufficient funds are authorized to be appropriated to provide for reception and placement services in fulfillment of the responsibilities required under section 412(b)(7)(D) of the Immigration and Nationality Act (as added by subsection (b)(1) of this section), there are authorized to be appropriated (in addition to the amounts described in paragraph (2)) for fiscal years 1987 and 1988 any such additional sums as may be necessary to fulfill the responsibilities under that section. (2) The amounts described in this paragraph are
(A) the amounts authorized to be appropriated to the Department of State for "Migration and Refugee Assistance” for fiscal years 1986 and 1987, which may be used for enhanced reception and placement services under section 412(b) of the Immigration and Nationality Act; and
(B) any other amounts authorized to be appropriated for such services. SEC. 6. ALLOCATION AND USE OF SOCIAL SERVICE FUNDS.
(a) BASED ON REFUGEE POPULATION.—[Omitted; added subparagraph (B) to $ 412(c)(1).]
(b) CLARIFICATION OF USE OF SOCIAL SERVICE FUNDS.—[Omitted; added subparagraph (C) to § 412(c)(1).]
(C) EFFECTIVE DATE.The amendment made by subsection (a) shall apply to allocations of funds for fiscal years beginning with fiscal year 1987.