gee and assurance that refugees identified under par. (4)(B) will report to appropriate health agencies upon resettlement.

Subsec. (b)(5). Pub. L. 97-363, § 5(3), added par. (5). Subsec. (b)(6). Pub. L. 97-363, § 5(4), added par. (6). Subsec. (e)(1). Pub. L. 97-363, § 6(a), struck out "up to" before "100 per centum".

Subsec. (e)(2). Pub. L. 97-363, § 6(b), redesignated existing provisions of par. (2) as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (iii), respectively, added cl. (ii), inserted provision that cash assistance be cut off, after opportunity for hearing, to a refugee who refuses appropriate offer of employment or participation in available social service program, and added subpar. (B).

Subsec. (e)(6). Pub. L. 97-363, § 6(c), added par. (6).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 219(dd) of Pub. L. 103-416, set out as a note under section 1101 of this title.

EFFECTIVE DATE OF 1988 AmendmenT

Section 6(c) of Pub. L. 100-525 provided that: "The amendments made by this section (amending this section and section 1524 of this title] shall be effective as if they were included in the enactment of the Refugee Assistance Extension Act of 1986 [Pub. L. 99-605]."

EFFECTIVE DATE OF 1986 AMENDMENT

Section 5(d) of Pub. L. 99-605 provided that: "(1) Section 412(b)(7) (other than subparagraphs (B)(i), (C), and (D)) of the Immigration and Nationality Act [8 U.S.C. 1522(b)(7)], as added by subsection (b)(1) 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 [Nov. 6, 1986).

"(2) Section 412(b)(7)(D) of the Immigration and Nationality Act [8 U.S.C. 1522(b)(7)], as added by subsection (b)(1) of this section, shall apply to grants and contracts made or renewed after the end of the sixmonth period beginning on the date of the enactment of this Act [Nov. 6, 1986].

"(3) The criteria required under the amendment made by subsection (c) [amending this section] shall be established not later than 60 days after the date of the enactment of this Act (Nov. 6, 1986]."

Section 6(c) of Pub. L. 99-605 provided that: "The amendment made by subsection (a) [amending this section] shall apply to allocations of funds for fiscal years beginning with fiscal year 1987."

Section 9(c) of Pub. L. 99-605 provided that: "The amendments made by subsection (a) of this section [amending this section] shall apply to aliens entering the United States as refugees on or after the first day of the first calendar quarter that begins more than 90 days after the date of the enactment of this Act [Nov. 6, 1986]."

EFFECTIVE DATE OF 1984 Amendment

Section 101(d) of Pub. L. 98-473 provided in part that: "The amendment made by this paragraph [amending this section] shall take effect on October 1, 1984."

EFFECTIVE Date of 1982 AmendmenT

Section 8 of Pub. L. 97-363 provided that: "The amendments made by

"(1) sections 3(b), 4, 5(3), 5(4), 6(a), and 7 [amending this section and section 1523 of this title] take effect on October 1, 1982, and

"(2) sections 5(2), 6(b), and 6(c) [amending this section] apply to grants and contracts made, and assistance furnished, on or after October 1, 1982."

EFFECTIVE DATE

Section 313 of part B of title III of Pub. L. 96-212 provided that:

"(a) Except as otherwise provided in this section, the amendments made by this part [enacting sections 1521 to 1524 of this title, amending section 2601 of Title 22, Foreign Relations and Intercourse, and repealing provisions set out as a note under section 2601 of Title 22] shall apply to fiscal years beginning on or after October 1, 1979.

"(b) Subject to subsection (c), the limitations contained in sections 412(d)(2)(A) and 412(e)(1) of the Immigration and Nationality Act [subsecs. (d)(2)(A) and (e)(1) of this section] on the duration of the period for which child welfare services and cash and medical assistance may be provided to particular refugees shall not apply to such services and assistance provided before April 1, 1981.

"(c) Notwithstanding section 412(e)(1) of the Immi-
gration and Nationality Act [subsec. (e)(1) of this sec-
tion] and in lieu of any assistance which may other-
wise be provided under such section with respect to
Cuban refugees who entered the United States and
were receiving assistance under section 2(b) of the Mi-
gration and Refugee Assistance Act of 1962 [22 U.S.C.
2601(b)] before October 1, 1978, the Director of the
Office of Refugee Resettlement is authorized-
"(1) to provide reimbursement-

"(A) in fiscal year 1980, for 75 percent,
"(B) in fiscal year 1981, for 60 percent,
"(C) in fiscal year 1982, for 45 percent, and
"(D) in fiscal year 1983, for 25 percent,

of the non-Federal costs or providing cash and medi-
cal assistance (other than assistance described in
paragraph (2)) to such refugees, and

"(2) to provide reimbursement in any fiscal year for 100 percent of the non-Federal costs associated with such Cuban refugees with respect to whom supplemental security income payments were being paid as of September 30, 1978, under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.).

"(d) the requirements of section 412(a)(6)(A) of the Immigration and Nationality Act [subsec. (a)(6)(A) of this section] shall apply to assistance furnished under chapter 2 of title IV of such Act (this subchapter] after October 1, 1980, or such earlier date as the Director of the Office of Refugee Resettlement may establish."

MAINTAINING FUNDING LEVEL OF MATCHING GRANT
PROGRAM

Section 7 of Pub. L. 99-605 provided that:
"(a) MAINTAINING FUNDING LEVEL.-Subject to the
availability of appropriations, the Director of the
Office of Refugee Resettlement shall not reduce the
maximum average Federal contribution level per refu-
gee in the matching grant program and shall not in-
crease the percentage grantee matching requirement
under that program below the level, or above the per-
centage, in effect under the program for grants in
fiscal year 1985.

"(b) MATCHING GRANT PROGRAM.-The 'matching grant program' referred to in subsection (a) is the voluntary agency program which is known as the matching grant program and is funded under section 412(c) of the Immigration and Nationality Act [8 U.S.C. 1522(c)]."

REIMBURSEMENT TO STATE AND LOCAL PUBLIC AGENCIES
FOR EXPENSES INCURRED FOR PROVIDING SOCIAL
SERVICES TO APPLICANTS FOR ASYLUM

Section 401 of Pub. L. 96-212 provided that:
"(a) The Director of the Office of Refugee Resettle-
ment is authorized to use funds appropriated under
paragraphs (1) and (2) of section 414(a) of the Immi-
gration and Nationality Act [8 U.S.C. 1524(a)] to reim-
burse State and local public agencies for expenses
which those agencies incurred, at any time, in provid-
ing aliens described in subsection (c) of this section
with social services of the types for which reimburse-
ments were made with respect to refugees under para-

graphs (3) through (6) of section 2(b) of the Migration
and Refugee Assistance Act of 1962 (as in effect prior
to the enactment of this Act) [22 U.S.C. 2601(b)(3) to
(6)] or under any other Federal law.

"(b) The Attorney General is authorized to grant to
an alien described in subsection (c) of this section per-
mission to engage in employment in the United States
and to provide to that alien an ‘employment author-
ized' endorsement or other appropriate work permit.

"(c) This section applies with respect to any alien in
the United States (1) who has applied before Novem-
ber 1, 1979, for asylum in the United States, (2) who
has not been granted asylum, and (3) with respect to
whom a final, nonappealable, and legally enforceable
order of deportation or exclusion has not been en-
tered."

ELIGIBILITY OF CERTAIN CUBAN-HAITIAN ENTRANTS
ENTERING AFTER Nov. 1, 1979

Pub. L. 97-35, title V. §§ 543(a)(2), 547, Aug. 13, 1981,
95 Stat. 459, 463, eff. Oct. 1, 1981, provided that: "For
purposes of the Refugee Education Assistance Act of
1980 [set out as a note below], an alien who entered
the United States on or after November 1, 1979, and is
in the United States with the immigration status of a
Cuban-Haitian entrant (status pending) shall be con-
sidered to be an eligible participant (within the mean-
ing of section 101(3) of such Act) but only during the
36-month period beginning with the first month in
which the alien entered the United States as such an
entrant or otherwise first acquired such status."

CUBAN REFUGEES; INCARCERation and Deportation of
CERTAIN CUBANS

Pub. L. 96-533, title VII, § 716, Dec. 16, 1980, 94 Stat.
3162, provided that: "The Congress finds that the
United States Government has already incarcerated
recently arrived Cubans who are admitted criminals,
are security threats, or have incited civil disturbances
in Federal processing facilities. The Congress urges
the Executive branch, consistent with United States
law, to seek the deportation of such individuals."

REFUGEE Education Assistance ACT OF 1980
Pub. L. 96-422, Oct. 10, 1980, 94 Stat. 1799, as
amended by Pub. L. 96-424, Oct. 10, 1980, 94 Stat.
1820; Pub. L. 97-35, title V, §§ 543(a)(1), (b)-(d),
544-547, Aug. 13, 1981, 95 Stat. 459-463, eff. Oct. 1,
1981; Pub. L. 99-514, § 2, Oct. 22, 1986, 100 Stat. 2095;
Pub. L. 103-382, title III, § 391(a), Oct. 20, 1994, 108
Stat. 4021, provided: "That this Act may be cited as
the 'Refugee Education Assistance Act of 1980'.

"TITLE I-GENERAL PROVISIONS
"DEFINITIONS

"SEC. 101. As used in this Act

"(1) The terms 'elementary school', 'local educational agency', 'secondary school', 'State', and 'State educational agency' have the meanings given such terms under section 14101 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 8801].

"(2) 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 1986 (26 U.S.C. 501(c)(3)]. "(3) The term 'eligible participant' means any alien who

"(A) has been admitted into the United States as a refugee under section 207 of the Immigration and Nationality Act [section 1157 of this title];

"(B) has been paroled into the United States as a refugee by the Attorney General pursuant to section 212(d)(5) of such Act [section 1182(d)(5) of this title];

"(C) is an applicant for asylum, or has been granted asylum, in the United States; or

"(D) has fled from the alien's country of origin and has, pursuant to an Executive order of the

President, been permitted to enter the United States and remain in the United States indefinitely for humanitarian reasons;

but only during the 36-month [period] beginning with the first month in which the alien entered the United States (in the case of an alien described in (A), (B), or (D)) or the month in which the alien applied for asylum (in the case of an alien described in subparagraph (C)).

"(4) The term 'Secretary' means the Secretary of Education.

"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.

"(b)(1) 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.

"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 amount authorized to be appropriated 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 aggregate does not exceed such limitation.

"STATE ADMINISTRATIVE COSTS

"SEC. 104. The Secretary is authorized to pay to each State educational 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 or any period shall not exceed 2 percent of the amount which that State educational agency receives 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 make further payments under such title to specified local education agencies 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 payments 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.

"CONSULTATION WITH OTHER AGENCIES

"SEC. 106. To the extent that may be appropriate to facilitate the determination of the amount of any reductions under sections 201(b)(2), 301(b)(3), and 401(b)(2), the Secretary shall consult with the heads of other agencies providing assistance to eligible participants in order to secure information concerning the disbursement of funds for educational purposes under programs administered by them and provide, wherever feasible, for coordination among those programs and the programs under titles II through IV of this Act.

"TITLE II-GENERAL ASSISTANCE FOR LOCAL
EDUCATIONAL AGENCIES

"STATE ENTITLEMENTS

"SEC. 201. (a) The Secretary shall, in accordance with the provisions of this title, make grants to State educational agencies for fiscal year 1981, and for each subsequent fiscal year, for the purposes of assisting local educational agencies of that State in providing basic education for eligible participants enrolled in elementary or secondary public schools. Payments made under this title to any State shall be used in accordance with applications approved under section 202 for public educational services for eligible participants enrolled in the elementary and secondary public schools under the jurisdiction of the local educational agencies of that State.

"(b)(1) As soon as possible after the date of the enactment of the Consolidated Refugee Education Assistance Act [Aug. 13, 1981], the Secretary shall establish a formula (reflecting the availability of the full amount authorized for this title under section 203(b)) by which to determine the amount of the grant which each State educational agency is entitled to receive under this title for any fiscal year. The formula established by the Secretary shall take into account the number of years that an eligible participant assisted under this title has resided within the United States and the relative costs, by grade level, of providing education for elementary and secondary school children. On the basis of the formula the Secretary shall allocate among the State educational agencies, for each fiscal year, the amounts available to carry out this title, subject to such reductions or adjustments as may be required under paragraph (2) or subsection (c). Funds shall be allocated among State educational agencies pursuant to the formula without regard to variations in educational costs among different geographical areas.

"(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 (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 201(a) 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.

"APPLICATIONS

"SEC. 202. (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 payments under this title will be used for the purposes set forth in section 201(a); "(2) provide assurances that such payments will be distributed among local educational agencies within that State in accordance with the formula established by the Secretary under section 201, subject to any reductions in payments for those local educational agencies identified under paragraph (3) to which funds described by section 201(b)(2) are made available for the same purposes under other Federal laws;

"(3) specify the amount of funds described by section 201(b)(2) which are made available under other Federal laws for expenditure within the State for the same purposes as those for which funds are made available under this title and the local educational agencies to which such funds are made available;

"(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 the application for such funds reasonable notice and opportunity for a hearing; and

"(5) provide for making such reports as the Secretary may reasonably 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 disapprove an application of a State educational agency except after reasonable notice and opportunity for a hearing on the record to such agency.

"PAYMENTS AND AUTHORIZATIONS

"SEC. 203. (a) 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.

"(b) For fiscal year 1981 and for each subsequent
fiscal year, there is authorized to be appropriated, in
the manner specified under section 102, to make pay.
ments under this title an amount equal to the product
of-

“(1) the total number of eligible participants en-
rolled in elementary or secondary public schools
under the jurisdiction of local educational agencies
within all the States (other than the jurisdictions to
which section 103 is applicable) during the fiscal
year for which the determination is made,
multiplied by-

"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 eligible participants enrolled in the elementary and secondary public schools under the jurisdiction of the local educational agencies of the State described in section 301(b)(2) 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 eligible participants supplementary educational services, 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 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 basis instructional services; and

"(3) special inservice training for personnel who will be providing instruction described in either paragraph (1) or (2) of this subsection.