§ 1522. — Authorization for programs for domestic resettlement of and assistance to refugees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1522]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER IV--REFUGEE ASSISTANCE
Sec. 1522. Authorization for programs for domestic resettlement
of and assistance to refugees
(a) Conditions and considerations
(1)(A) In providing assistance under this section, the Director
shall, to the extent of available appropriations (i) make available
sufficient resources for employment training and placement in order to
achieve economic self-sufficiency among refugees as quickly as possible,
(ii) provide refugees with the opportunity to acquire sufficient English
language training to enable them to become effectively resettled as
quickly as possible, (iii) insure that cash assistance is made available
to refugees in such a manner as not to discourage their economic self-
sufficiency, in accordance with subsection (e)(2) of this section, and
(iv) insure that women have the same opportunities as men to participate
in training and instruction.
(B) It is the intent of Congress that in providing refugee
assistance under this section--
(i) employable refugees should be placed on jobs as soon as
possible after their arrival in the United States;
(ii) social service funds should be focused on employment-
related services, English-as-a-second-language training (in nonwork
hours where possible), and case-management services; and
(iii) local voluntary agency activities should be conducted in
close cooperation and advance consultation with State and local
governments.
(2)(A) The Director and the Federal agency administering subsection
(b)(1) of this section shall consult regularly (not less often than
quarterly) with State and local governments and private nonprofit
voluntary agencies concerning the sponsorship process and the intended
distribution of refugees among the States and localities before their
placement in those States and localities.
(B) The Director shall develop and implement, in consultation with
representatives of voluntary agencies and State and local governments,
policies and strategies for the placement and resettlement of refugees
within the United States.
(C) Such policies and strategies, to the extent practicable and
except under such unusual circumstances as the Director may recognize,
shall--
(i) insure that a refugee is not initially placed or resettled
in an area highly impacted (as determined under regulations
prescribed by the Director after consultation with such agencies and
governments) by the presence of refugees or comparable populations
unless the refugee has a spouse, parent, sibling, son, or daughter
residing in that area,
(ii) provide for a mechanism whereby representatives of local
affiliates of voluntary agencies regularly (not less often than
quarterly) meet with representatives of State and local governments
to plan and coordinate in advance of their arrival the appropriate
placement of refugees among the various States and localities, and
(iii) take into account--
(I) the proportion of refugees and comparable entrants in
the population in the area,
(II) the availability of employment opportunities,
affordable housing, and public and private resources (including
educational, health care, and mental health services) for
refugees in the area,
(III) the likelihood of refugees placed in the area becoming
self-sufficient and free from long-term dependence on public
assistance, and
(IV) the secondary migration of refugees to and from the
area that is likely to occur.
(D) With respect to the location of placement of refugees within a
State, the Federal agency administering subsection (b)(1) of this
section shall, consistent with such policies and strategies and to the
maximum extent possible, take into account recommendations of the State.
(3) In the provision of domestic assistance under this section, the
Director shall make a periodic assessment, based on refugee population
and other relevant factors, of the relative needs of refugees for
assistance and services under this subchapter and the resources
available to meet such needs. The Director shall compile and maintain
data on secondary migration of refugees within the United States and, by
State of residence and nationality, on the proportion of refugees
receiving cash or medical assistance described in subsection (e) of this
section. In allocating resources, the Director shall avoid duplication
of services and provide for maximum coordination between agencies
providing related services.
(4)(A) No grant or contract may be awarded under this section unless
an appropriate proposal and application (including a description of the
agency's ability to perform the services specified in the proposal) are
submitted to, and approved by, the appropriate administering official.
Grants and contracts under this section shall be made to those agencies
which the appropriate administering official determines can best perform
the services. Payments may be made for activities authorized under this
subchapter in advance or by way of reimbursement. In carrying out this
section, the Director, the Secretary of State, and any such other
appropriate administering official are authorized--
(i) to make loans, and
(ii) to accept and use money, funds, property, and services of
any kind made available by gift, devise, bequest, grant, or
otherwise for the purpose of carrying out this section.
(B) No funds may be made available under this subchapter (other than
under subsection (b)(1) of this section) to States or political
subdivisions in the form of block grants, per capita grants, or similar
consolidated grants or contracts. Such funds shall be made available
under separate grants or contracts--
(i) for medical screening and initial medical treatment under
subsection (b)(5) of this section,
(ii) for services for refugees under subsection (c)(1) of this
section,
(iii) for targeted assistance project grants under subsection
(c)(2) of this section, and
(iv) for assistance for refugee children under subsection (d)(2)
of this section.
(C) The Director may not delegate to a State or political
subdivision his authority to review or approve grants or contracts under
this subchapter or the terms under which such grants or contracts are
made.
(5) Assistance and services funded under this section shall be
provided to refugees without regard to race, religion, nationality, sex,
or political opinion.
(6) As a condition for receiving assistance under this section, a
State must--
(A) submit to the Director a plan which provides--
(i) a description of how the State intends to encourage
effective refugee resettlement and to promote economic self-
sufficiency as quickly as possible,
(ii) a description of how the State will insure that
language training and employment services are made available to
refugees receiving cash assistance,
(iii) for the designation of an individual, employed by the
State, who will be responsible for insuring coordination of
public and private resources in refugee resettlement,
(iv) for the care and supervision of and legal
responsibility for unaccompanied refugee children in the State,
and
(v) for the identification of refugees who at the time of
resettlement in the State are determined to have medical
conditions requiring, or medical histories indicating a need
for, treatment or observation and such monitoring of such
treatment or observation as may be necessary;
(B) meet standards, goals, and priorities, developed by the
Director, which assure the effective resettlement of refugees and
which promote their economic self-sufficiency as quickly as possible
and the efficient provision of services; and
(C) submit to the Director, within a reasonable period of time
after the end of each fiscal year, a report on the uses of funds
provided under this subchapter which the State is responsible for
administering.
(7) The Secretary, together with the Secretary of State with respect
to assistance provided by the Secretary of State under subsection (b) of
this section, shall develop a system of monitoring the assistance
provided under this section. This system shall include--
(A) evaluations of the effectiveness of the programs funded
under this section and the performance of States, grantees, and
contractors;
(B) financial auditing and other appropriate monitoring to
detect any fraud, abuse, or mismanagement in the operation of such
programs; and
(C) data collection on the services provided and the results
achieved.
(8) The Attorney General shall provide the Director with information
supplied by refugees in conjunction with their applications to the
Attorney General for adjustment of status, and the Director shall
compile, summarize, and evaluate such information.
(9) The Secretary, the Secretary of Education, the Attorney General,
and the Secretary of State may issue such regulations as each deems
appropriate to carry out this subchapter.
(10) For purposes of this subchapter, the term ``refugee'' includes
any alien described in section 1157(c)(2) of this title.
(b) Program of initial resettlement
(1)(A) For--
(i) fiscal years 1980 and 1981, the Secretary of State is
authorized, and
(ii) fiscal year 1982 and succeeding fiscal years, the Director
(except as provided in subparagraph (B)) is authorized,
to make grants to, and contracts with, public or private nonprofit
agencies for initial resettlement (including initial reception and
placement with sponsors) of refugees in the United States. Grants to, or
contracts with, private nonprofit voluntary agencies under this
paragraph shall be made consistent with the objectives of this
subchapter, taking into account the different resettlement approaches
and practices of such agencies. Resettlement assistance under this
paragraph shall be provided in coordination with the Director's
provision of other assistance under this subchapter. Funds provided to
agencies under such grants and contracts may only be obligated or
expended during the fiscal year in which they are provided (or the
subsequent fiscal year or such subsequent fiscal period as the Federal
contracting agency may approve) to carry out the purposes of this
subsection.
(B) If the President determines that the Director should not
administer the program under this paragraph, the authority of the
Director under the first sentence of subparagraph (A) shall be exercised
by such officer as the President shall from time to time specify.
(2) The Director is authorized to develop programs for such
orientation, instruction in English, and job training for refugees, and
such other education and training of refugees, as facilitates their
resettlement in the United States. The Director is authorized to
implement such programs, in accordance with the provisions of this
section, with respect to refugees in the United States. The Secretary of
State is authorized to implement such programs with respect to refugees
awaiting entry into the United States.
(3) The Secretary is authorized to make arrangements (including
cooperative arrangements with other Federal agencies) for the temporary
care of refugees in the United States in emergency circumstances,
including the establishment of processing centers, if necessary, without
regard to such provisions of law (other than the Renegotiation Act of
1951 [50 App. U.S.C. 1211 et seq.] and section 1524(b) of this title)
regulating the making, performance, amendment, or modification of
contracts and the expenditure of funds of the United States Government
as the Secretary may specify.
(4) The Secretary shall--
(A) assure that an adequate number of trained staff are
available at the location at which the refugees enter the United
States to assure that all necessary medical records are available
and in proper order;
(B) provide for the identification of refugees who have been
determined to have medical conditions affecting the public health
and requiring treatment;
(C) assure that State or local health officials at the
resettlement destination within the United States of each refugee
are promptly notified of the refugee's arrival and provided with all
applicable medical records; and
(D) provide for such monitoring of refugees identified under
subparagraph (B) as will insure that they receive appropriate and
timely treatment.
The Secretary shall develop and implement methods for monitoring and
assessing the quality of medical screening and related health services
provided to refugees awaiting resettlement in the United States.
(5) The Director is authorized to make grants to, and enter into
contracts with, State and local health agencies for payments to meet
their costs of providing medical screening and initial medical treatment
to refugees.
(6) The Comptroller General shall directly conduct an annual
financial audit of funds expended under each grant or contract made
under paragraph (1) for fiscal year 1986 and for fiscal year 1987.
(7) Each grant or contract with an agency under paragraph (1) shall
require the agency to do the following:
(A) To provide quarterly performance and financial status
reports to the Federal agency administering paragraph (1).
(B)(i) To provide, directly or through its local affiliate,
notice to the appropriate county or other local welfare office at
the time that the agency becomes aware that a refugee is offered
employment and to provide notice to the refugee that such notice has
been provided, and
(ii) upon request of such a welfare office to which a refugee
has applied for cash assistance, to furnish that office with
documentation respecting any cash or other resources provided
directly by the agency to the refugee under this subsection.
(C) To assure that refugees, known to the agency as having been
identified pursuant to paragraph (4)(B) as having medical conditions
affecting the public health and requiring treatment, report to the
appropriate county or other health agency upon their resettlement in
an area.
(D) To fulfill its responsibility to provide for the basic needs
(including food, clothing, shelter, and transportation for job
interviews and training) of each refugee resettled and to develop
and implement a resettlement plan including the early employment of
each refugee resettled and to monitor the implementation of such
plan.
(E) To transmit to the Federal agency administering paragraph
(1) an annual report describing the following:
(i) The number of refugees placed (by county of placement)
and the expenditures made in the year under the grant or
contract, including the proportion of such expenditures used for
administrative purposes and for provision of services.
(ii) The proportion of refugees placed by the agency in the
previous year who are receiving cash or medical assistance
described in subsection (e) of this section.
(iii) The efforts made by the agency to monitor placement of
the refugees and the activities of local affiliates of the
agency.
(iv) The extent to which the agency has coordinated its
activities with local social service providers in a manner which
avoids duplication of activities and has provided notices to
local welfare offices and the reporting of medical conditions of
certain aliens to local health departments in accordance with
subparagraphs (B)(i) and (C).
(v) Such other information as the agency administering
paragraph (1) deems to be appropriate in monitoring the
effectiveness of agencies in carrying out their functions under
such grants and contracts.
The agency administering paragraph (1) shall promptly forward a copy of
each annual report transmitted under subparagraph (E) to the Committees
on the Judiciary of the House of Representatives and of the Senate.
(8) The Federal agency administering paragraph (1) shall establish
criteria for the performance of agencies under grants and contracts
under that paragraph, and shall include criteria relating to an
agency's--
(A) efforts to reduce welfare dependency among refugees
resettled by that agency,
(B) collection of travel loans made to refugees resettled by
that agency for travel to the United States,
(C) arranging for effective local sponsorship and other
nonpublic assistance for refugees resettled by that agency,
(D) cooperation with refugee mutual assistance associations,
local social service providers, health agencies, and welfare
offices,
(E) compliance with the guidelines established by the Director
for the placement and resettlement of refugees within the United
States, and
(F) compliance with other requirements contained in the grant or
contract, including the reporting and other requirements under
subsection (b)(7) of this section.
The Federal administering agency shall use the criteria in the process
of awarding or renewing grants and contracts under paragraph (1).
(c) Project grants and contracts for services for refugees
(1)(A) The Director is authorized to make grants to, and enter into
contracts with, public or private nonprofit agencies for projects
specifically designed--
(i) to assist refugees in obtaining the skills which are
necessary for economic self-sufficiency, including projects for job
training, employment services, day care, professional refresher
training, and other recertification services;
(ii) to provide training in English where necessary (regardless
of whether the refugees are employed or receiving cash or other
assistance); and
(iii) to provide where specific needs have been shown and
recognized by the Director, health (including mental health)
services, social services, educational and other services.
(B) The funds available for a fiscal year for grants and contracts
under subparagraph (A) shall be allocated among the States based on the
total number of refugees (including children and adults) who arrived in
the United States not more than 36 months before the beginning of such
fiscal year and who are actually residing in each State (taking into
account secondary migration) as of the beginning of the fiscal year.
(C) Any limitation which the Director establishes on the proportion
of funds allocated to a State under this paragraph that the State may
use for services other than those described in subsection (a)(1)(B)(ii)
of this section shall not apply if the Director receives a plan
(established by or in consultation with local governments) and
determines that the plan provides for the maximum appropriate provision
of employment-related services for, and the maximum placement of,
employable refugees consistent with performance standards established
under section 106 of the Job Training Partnership Act.
(2)(A) The Director is authorized to make grants to States for
assistance to counties and similar areas in the States where, because of
factors such as unusually large refugee populations (including secondary
migration), high refugee concentrations, and high use of public
assistance by refugees, there exists and can be demonstrated a specific
need for supplementation of available resources for services to
refugees.
(B) Grants shall be made available under this paragraph--
(i) primarily for the purpose of facilitating refugee employment
and achievement of self-sufficiency,
(ii) in a manner that does not supplant other refugee program
funds and that assures that not less than 95 percent of the amount
of the grant award is made available to the county or other local
entity.
(d) Assistance for refugee children
(1) The Secretary of Education is authorized to make grants, and
enter into contracts, for payments for projects to provide special
educational services (including English language training) to refugee
children in elementary and secondary schools where a demonstrated need
has been shown.
(2)(A) The Director is authorized to provide assistance,
reimbursement to States, and grants to and contracts with public and
private nonprofit agencies, for the provision of child welfare services,
including foster care maintenance payments and services and health care,
furnished to any refugee child (except as provided in subparagraph (B))
during the thirty-six month period beginning with the first month in
which such refugee child is in the United States.
(B)(i) In the case of a refugee child who is unaccompanied by a
parent or other close adult relative (as defined by the Director), the
services described in subparagraph (A) may be furnished until the month
after the child attains eighteen years of age (or such higher age as the
State's child welfare services plan under part B of title IV of the
Social Security Act [42 U.S.C. 620 et seq.] prescribes for the
availability of such services to any other child in that State).
(ii) The Director shall attempt to arrange for the placement under
the laws of the States of such unaccompanied refugee children, who have
been accepted for admission to the United States, before (or as soon as
possible after) their arrival in the United States. During any interim
period while such a child is in the United States or in transit to the
United States but before the child is so placed, the Director shall
assume legal responsibility (including financial responsibility) for the
child, if necessary, and is authorized to make necessary decisions to
provide for the child's immediate care.
(iii) In carrying out the Director's responsibilities under clause
(ii), the Director is authorized to enter into contracts with
appropriate public or private nonprofit agencies under such conditions
as the Director determines to be appropriate.
(iv) The Director shall prepare and maintain a list of (I) all such
unaccompanied children who have entered the United States after April 1,
1975, (II) the names and last known residences of their parents (if
living) at the time of arrival, and (III) the children's location,
status, and progress.
(e) Cash assistance and medical assistance to refugees
(1) The Director is authorized to provide assistance, reimbursement
to States, and grants to, and contracts with, public or private
nonprofit agencies for 100 per centum of the cash assistance and medical
assistance provided to any refugee during the thirty-six month period
beginning with the first month in which such refugee has entered the
United States and for the identifiable and reasonable administrative
costs of providing this assistance.
(2)(A) Cash assistance provided under this subsection to an
employable refugee is conditioned, except for good cause shown--
(i) on the refugee's registration with an appropriate agency
providing employment services described in subsection (c)(1)(A)(i)
of this section, or, if there is no such agency available, with an
appropriate State or local employment service;
(ii) on the refugee's participation in any available and
appropriate social service or targeted assistance program (funded
under subsection (c) of this section) providing job or language
training in the area in which the refugee resides; and
(iii) on the refugee's acceptance of appropriate offers of
employment.
(B) Cash assistance shall not be made available to refugees who are
full-time students in institutions of higher education (as defined by
the Director after consultation with the Secretary of Education).
(C) In the case of a refugee who--
(i) refuses an offer of employment which has been determined to
be appropriate either by the agency responsible for the initial
resettlement of the refugee under subsection (b) of this section or
by the appropriate State or local employment service,
(ii) refuses to go to a job interview which has been arranged
through such agency or service, or
(iii) refuses to participate in a social service or targeted
assistance program referred to in subparagraph (A)(ii) which such
agency or service determines to be available and appropriate,
cash assistance to the refugee shall be terminated (after opportunity
for an administrative hearing) for a period of three months (for the
first such refusal) or for a period of six months (for any subsequent
refusal).
(3) The Director shall develop plans to provide English training and
other appropriate services and training to refugees receiving cash
assistance.
(4) If a refugee is eligible for aid or assistance under a State
program funded under part A of title IV or under title XIX of the Social
Security Act [42 U.S.C. 601 et seq., 1396 et seq.], or for supplemental
security income benefits (including State supplementary payments) under
the program established under title XVI of that Act [42 U.S.C. 1381 et
seq.], funds authorized under this subsection shall only be used for the
non-Federal share of such aid or assistance, or for such supplementary
payments, with respect to cash and medical assistance provided with
respect to such refugee under this paragraph.
(5) The Director is authorized to allow for the provision of medical
assistance under paragraph (1) to any refugee, during the one-year
period after entry, who does not qualify for assistance under a State
plan approved under title XIX of the Social Security Act [42 U.S.C. 1396
et seq.] on account of any resources or income requirement of such plan,
but only if the Director determines that--
(A) this will (i) encourage economic self-sufficiency, or (ii)
avoid a significant burden on State and local governments; and
(B) the refugee meets such alternative financial resources and
income requirements as the Director shall establish.
(6) As a condition for receiving assistance, reimbursement, or a
contract under this subsection and notwithstanding any other provision
of law, a State or agency must provide assurances that whenever a
refugee applies for cash or medical assistance for which assistance or
reimbursement is provided under this subsection, the State or agency
must notify promptly the agency (or local affiliate) which provided for
the initial resettlement of the refugee under subsection (b) of this
section of the fact that the refugee has so applied.
(7)(A) The Secretary shall develop and implement alternative
projects for refugees who have been in the United States less than
thirty-six months, under which refugees are provided interim support,
medical services, support services, and case management, as needed, in a
manner that encourages self-sufficiency, reduces welfare dependency, and
fosters greater coordination among the resettlement agencies and service
providers. The Secretary may permit alternative projects to cover
specific groups of refugees who have been in the United States 36 months
or longer if the Secretary determines that refugees in the group have
been significantly and disproportionately dependent on welfare and need
the services provided under the project in order to become self-
sufficient and that their coverage under the projects would be cost-
effective.
(B) Refugees covered under such alternative projects shall be
precluded from receiving cash or medical assistance under any other
paragraph of this subsection or under title XIX or part A of title IV of
the Social Security Act [42 U.S.C. 1396 et seq., 601 et seq.].
(C) The Secretary shall report to Congress not later than October
31, 1985, on the results of these projects and on any recommendations
respecting changes in the refugee assistance program under this section
to take into account such results.
(D) To the extent that the use of such funds is consistent with the
purposes of such provisions, funds appropriated under section 1524(a) of
this title, part A of title IV of the Social Security Act [42 U.S.C. 601
et seq.], or title XIX of such Act [42 U.S.C. 1396 et seq.], may be used
for the purpose of implementing and evaluating alternative projects
under this paragraph.
(8) In its provision of assistance to refugees, a State or political
subdivision shall consider the recommendations of, and assistance
provided by, agencies with grants or contracts under subsection (b)(1)
of this section.
(f) Assistance to States and counties for incarceration of certain Cuban
nationals; priority for removal and return to Cuba
(1) The Attorney General shall pay compensation to States and to
counties for costs incurred by the States and counties to confine in
prisons, during the fiscal year for which such payment is made,
nationals of Cuba who--
(A) were paroled into the United States in 1980 by the Attorney
General,
(B) after such parole committed any violation of State or county
law for which a term of imprisonment was imposed, and
(C) at the time of such parole and such violation were not
aliens lawfully admitted to the United States--
(i) for permanent residence, or
(ii) under the terms of an immigrant or a nonimmigrant visa
issued,
under this chapter.
(2) For a State or county to be eligible to receive compensation
under this subsection, the chief executive officer of the State or
county shall submit to the Attorney General, in accordance with rules to
be issued by the Attorney General, an application containing--
(A) the number and names of the Cuban nationals with respect to
whom the State or county is entitled to such compensation, and
(B) such other information as the Attorney General may require.
(3) For a fiscal year the Attorney General shall pay the costs
described in paragraph (1) to each State and county determined by the
Attorney General to be eligible under paragraph (2); except that if the
amounts appropriated for the fiscal year to carry out this subsection
are insufficient to cover all such payments, each of such payments shall
be ratably reduced so that the total of such payments equals the amounts
so appropriated.
(4) The authority of the Attorney General to pay compensation under
this subsection shall be effective for any fiscal year only to the
extent and in such amounts as may be provided in advance in
appropriation Acts.
(5) It shall be the policy of the United States Government that the
President, in consultation with the Attorney General and all other
appropriate Federal officials and all appropriate State and county
officials referred to in paragraph (2), shall place top priority on
seeking the expeditious removal from this country and the return to Cuba
of Cuban nationals described in paragraph (1) by any reasonable and
responsible means, and to this end the Attorney General may use the
funds authorized to carry out this subsection to conduct such policy.
(June 27, 1952, ch. 477, title IV, ch. 2, Sec. 412, as added Pub. L. 96-
212, title III, Sec. 311(a)(2), Mar. 17, 1980, 94 Stat. 111; amended
Pub. L. 97-363, Secs. 3(a), 4-6, Oct. 25, 1982, 96 Stat. 1734-1736; Pub.
L. 98-164, title X, Sec. 1011(b), Nov. 22, 1983, 97 Stat. 1061; Pub. L.
98-473, title I, Sec. 101(d), Oct. 12, 1984, 98 Stat. 1876, 1877; Pub.
L. 99-605, Secs. 3-5(c), 6(a), (b), (d), 8, 9(a), (b), 10, 12, 13, Nov.
6, 1986, 100 Stat. 3449-3451, 3453-3455; Pub. L. 100-525, Sec. 6(b),
Oct. 24, 1988, 102 Stat. 2616; Pub. L. 103-236, title I, Sec. 162(n)(2),
Apr. 30, 1994, 108 Stat. 409; Pub. L. 103-416, title II, Sec. 219(x),
Oct. 25, 1994, 108 Stat. 4318; Pub. L. 104-193, title I, Sec. 110(s)(3),
Aug. 22, 1996, 110 Stat. 2175; Pub. L. 104-208, div. C, title VI,
Sec. 671(e)(7), Sept. 30, 1996, 110 Stat. 3009-723.)
References in Text
The Renegotiation Act of 1951, referred to in subsec. (b)(3), is act
Mar. 23, 1951, ch. 15, 65 Stat. 7, as amended, which was classified
principally to section 1211 et seq. of Title 50, Appendix, War and
National Defense, prior to its omission from the Code. See note
preceding section 1211 of Title 50, Appendix.
Section 106 of the Job Training Partnership Act, referred to in
subsec. (c)(1)(C), which was classified to section 1516 of Title 29,
Labor, was repealed by Pub. L. 105-220, title I, Sec. 199(b)(2),
(c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000.
Pursuant to section 2940(b) of Title 29, references to a provision of
the Job Training Partnership Act, effective Aug. 7, 1998, are deemed to
refer to that provision or the corresponding provision of the Workforce
Investment Act of 1998, Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936,
and effective July 1, 2000, are deemed to refer to the corresponding
provision of the Workforce Investment Act of 1998. For complete
classification of the Workforce Investment Act of 1998 to the Code, see
Short Title note set out under section 9201 of Title 20, Education, and
Tables.
The Social Security Act, referred to in subsecs. (d)(2)(B)(i) and
(e)(4), (5), (7)(B), (D), is act Aug. 14, 1935, ch. 531, 49 Stat. 620,
as amended. Parts A and B of title IV of the Social Security Act are
classified generally to part A (Sec. 601 et seq.) and part B (Sec. 620
et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health
and Welfare. Titles XVI and XIX of the Social Security Act are
classified generally to subchapters XVI (Sec. 1381 et seq.) and XIX
(Sec. 1396 et seq.), respectively, of chapter 7 of Title 42. For
complete classification of this Act to the Code, see section 1305 of
Title 42 and Tables.
Amendments
1996--Subsec. (b)(3). Pub. L. 104-208 struck out comma after ``is
authorized''.
Subsec. (b)(4). Pub. L. 104-208 struck out comma after ``The
Secretary'' in introductory provisions.
Subsec. (e)(4). Pub. L. 104-193 substituted ``State program funded''
for ``State plan approved''.
1994--Subsec. (a)(2)(A). Pub. L. 103-236, Sec. 162(n)(2)(A), struck
out ``, together with the Coordinator,'' after ``subsection (b)(1) of
this section''.
Subsec. (b)(3), (4). Pub. L. 103-236, Sec. 162(n)(2)(B), struck out
``in consultation with the Coordinator,'' after ``Secretary is
authorized,'' in par. (3) and after ``The Secretary,'' in par. (4).
Subsec. (e)(7)(C). Pub. L. 103-236, Sec. 162(n)(2)(C), struck out
``, in consultation with the United States Coordinator for Refugee
Affairs,'' after ``The Secretary''.
Subsec. (e)(7)(D). Pub. L. 103-416 struck out ``paragraph (1) or (2)
of'' after ``appropriated under''.
1988--Subsecs. (f)(5), (g). Pub. L. 100-525 redesignated subsec. (g)
as (f)(5) and substituted ``all other appropriate Federal officials and
all appropriate State and county officials referred to in paragraph
(2)'' for ``all appropriate Federal, State, and county officials
referred to in section 13 of this Act'', ``Cuban nationals described in
paragraph (1)'' for ``such persons defined in subsection (f)(1) of this
section'' and ``authorized to carry out this subsection'' for
``hereafter authorized by this section''.
1986--Subsec. (a)(2)(A). Pub. L. 99-605, Sec. 4(1), inserted ``and
the Federal agency administering subsection (b)(1) of this section''
after ``The Director'', ``(not less often than quarterly)'' after
``shall consult regularly'', and ``before their placement in those
States and localities'' after ``States and localities''.
Subsec. (a)(2)(C)(iii). Pub. L. 99-605, Sec. 4(2), added cl. (iii).
Subsec. (a)(2)(D). Pub. L. 99-605, Sec. 4(3), added subpar. (D).
Subsec. (a)(4). Pub. L. 99-605, Sec. 12, designated existing
provision as subpar. (A), redesignated existing subpars. (A) and (B) as
cls. (i) and (ii), respectively, and added subpars. (B) and (C).
Subsec. (a)(9). Pub. L. 99-605, Sec. 3(b), inserted ``, the
Secretary of Education, the Attorney General,'' after ``The Secretary''.
Subsec. (b)(1)(A). Pub. L. 99-605, Sec. 5(b)(2), struck out
provisions which related to requirement in grants and contracts that
agency provide notice to appropriate welfare office that refugee is
offered employment, provide notice to the refugee about notice to the
welfare office, and assure that refugees with medical conditions
affecting public health and requiring treatment report to appropriate
health agency in area of resettlement.
Subsec. (b)(6). Pub. L. 99-605, Sec. 5(a), amended par. (6)
generally, substituting ``shall directly conduct an annual financial
audit'' for ``shall conduct an annual audit'', and ``grant or contract
made under paragraph (1) for fiscal year 1986 and for fiscal year 1987''
for ``grants and contracts made under this subsection''.
Subsec. (b)(7). Pub. L. 99-605, Sec. 5(b)(1), added par. (7).
Subsec. (b)(8). Pub. L. 99-605, Sec. 5(c), added par. (8).
Subsec. (c)(1). Pub. L. 99-605, Sec. 6(a), designated existing
provision as par. (1)(A), redesignated former pars. (1) to (3) as cls.
(i) to (iii), respectively, and added subpar. (B).
Subsec. (c)(1)(C). Pub. L. 99-605, Sec. 6(b), added subpar. (C).
Subsec. (c)(2). Pub. L. 99-605, Sec. 8(a), added par. (2).
Subsec. (d)(1). Pub. L. 99-605, Sec. 3(a), substituted ``Secretary
of Education'' for ``Director''.
Subsec. (e)(2)(A). Pub. L. 99-605, Sec. 9(a)(1), struck out
provisions following cl. (iii) which related to termination of cash
assistance to refugee with month in which refugee refuses offer of
employment or participation in social service program.
Subsec. (e)(2)(A)(i). Pub. L. 99-605, Sec. 6(d), substituted
``(c)(1)(A)(i)'' for ``(c)(1)''.
Subsec. (e)(2)(A)(ii). Pub. L. 99-605, Sec. 8(b), inserted ``or
targeted assistance'' after ``social service''.
Subsec. (e)(2)(C). Pub. L. 99-605, Sec. 9(a)(2), added subpar. (C).
Subsec. (e)(7)(A). Pub. L. 99-605, Sec. 10, inserted provisions
which related to alternative projects for specific groups of refugees in
the United States 36 months or longer if determined to be
disproportionately dependent on welfare.
Subsec. (e)(8). Pub. L. 99-605, Sec. 9(b), added par. (8).
Subsecs. (f), (g). Pub. L. 99-605, Sec. 13, added subsecs. (f) and
(g).
1984--Subsec. (e)(7). Pub. L. 98-473 added par. (7).
1983--Subsec. (b)(1)(B). Pub. L. 98-164 struck out first sentence
directing the President to provide for a study of which agency is best
able to administer the program of initial resettlement and to report to
the Congress, not later than Mar. 1, 1981, on that study, and ``after
such study'' after ``If the President determines''.
1982--Subsec. (a)(1)(A). Pub. L. 97-363, Sec. 3(a)(1), (2),
designated existing provisions of par. (1) as subpar. (A) and
redesignated existing cls. (A) through (D) as (i) through (iv),
respectively.
Subsec. (a)(1)(B). Pub. L. 97-363, Sec. 3(a)(3), added subpar. (B).
Subsec. (a)(2)(A). Pub. L. 97-363, Sec. 4(a)(1), designated existing
provisions of par. (2) as subpar. (A).
Subsec. (a)(2)(B), (C). Pub. L. 97-363, Sec. 4(a)(2), added subpars.
(B) and (C).
Subsec. (a)(3). Pub. L. 97-363, Sec. 4(b), inserted provision that
the Director shall compile and maintain data on secondary migration of
refugees within the Untied States and, by State of residence and
nationality, on the proportion of refugees receiving cash or medical
assistance described in subsec. (e) of this section.
Subsec. (b)(1)(A). Pub. L. 97-363, Sec. 5(1), struck out provision
that the Secretary of State and the Director shall jointly monitor the
assistance provided during fiscal years 1980 and 1981 under this
paragraph.
Pub. L. 97-363, Sec. 5(2), inserted provision relating to period for
expenditure of funds provided under grants and contracts and the
inclusion in such grants and contracts of requirements for notification
by the agency in the event of employment offers to the refugee and
assurance that refugees identified under par. (4)(B) will report to
appropriate health agencies upon resettlement.
Subsec. (b)(5). Pub. L. 97-363, Sec. 5(3), added par. (5).
Subsec. (b)(6). Pub. L. 97-363, Sec. 5(4), added par. (6).
Subsec. (e)(1). Pub. L. 97-363, Sec. 6(a), struck out ``up to''
before ``100 per centum''.
Subsec. (e)(2). Pub. L. 97-363, Sec. 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, Sec. 6(c), added par. (6).
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-193 effective July 1, 1997, with transition
rules relating to State options to accelerate such date, rules relating
to claims, actions, and proceedings commenced before such date, rules
relating to closing out of accounts for terminated or substantially
modified programs and continuance in office of Assistant Secretary for
Family Support, and provisions relating to termination of entitlement
under AFDC program, see section 116 of Pub. L. 104-193, as amended, set
out as an Effective Date note under section 601 of Title 42, The Public
Health and Welfare.
Effective Date of 1994 Amendments
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.
Amendment by Pub. L. 103-236 applicable with respect to officials,
offices, and bureaus of Department of State when executive orders,
regulations, or departmental directives implementing the amendments by
sections 161 and 162 of Pub. L. 103-236 become effective, or 90 days
after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub.
L. 103-236, as amended, set out as a note under section 2651a of Title
22, Foreign Relations and Intercourse.
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 six-
month 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 Immigration and
Nationality Act [subsec. (e)(1) of this section] and in lieu of any
assistance which may otherwise 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 Migration 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 medical 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.''
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of this title.
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 refugee in
the matching grant program and shall not increase the percentage grantee
matching requirement under that program below the level, or above the
percentage, 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, as amended by Pub. L. 104-208, div.
C, title III, Sec. 308(d)(4)(S), Sept. 30, 1996, 110 Stat. 3009-619,
provided that:
``(a) The Director of the Office of Refugee Resettlement is
authorized to use funds appropriated under paragraphs (1) and (2) of
section 414(a) of the Immigration and Nationality Act [8 U.S.C. 1524(a)]
to reimburse State and local public agencies for expenses which those
agencies incurred, at any time, in providing aliens described in
subsection (c) of this section with social services of the types for
which reimbursements were made with respect to refugees under paragraphs
(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 permission to engage in
employment in the United States and to provide to that alien an
`employment authorized' endorsement or other appropriate work permit.
``(c) This section applies with respect to any alien in the United
States (1) who has applied before November 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 removal
has not been entered.''
Eligibility of Certain Cuban-Haitian Entrants Entering After Nov. 1,
1979
Pub. L. 97-35, title V, Secs. 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 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 considered to be an eligible participant
(within the meaning 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, Sec. 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,
Secs. 543(a)(1), (b)-(d), 544-547, Aug. 13, 1981, 95 Stat. 459-463, eff.
Oct. 1, 1981; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;
Pub. L. 103-382, title III, Sec. 391(a), Oct. 20, 1994, 108 Stat. 4021;
Pub. L. 104-208, div. C, title III, Sec. 308(d)(4)(T), Sept. 30, 1996,
110 Stat. 3009-619; Pub. L. 105-220, title II, Sec. 251(b)(1), Aug. 7,
1998, 112 Stat. 1079; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII,
Sec. 405(d)(5), (f)(5)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-419,
2681-430; Pub. L. 107-110, title X, Sec. 1076(d), Jan. 8, 2002, 115
Stat. 2091, 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 9101 of the Elementary and
Secondary Education Act of 1965 [20 U.S.C. 7801].
``(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 payments under this title an amount equal to the
product of--
``(1) the total number of eligible participants enrolled 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--
``(2) $400.
``Title III--Special Impact Assistance for Substantial Increases in
Attendance
``state entitlements
``Sec. 301. (a) The Secretary shall, in accordance with the
provisions of this title, make payments to State educational agencies
for fiscal year 1981, and for each subsequent fiscal year for the
purpose set forth in section 302.
``(b)(1) Except as provided in paragraph (3) of this subsection 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 for any
fiscal year shall be equal to the sum of--
``(A) the amount equal to the product of (i) the number of
eligible participants enrolled during the period for which the
determination is made 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 district served by each such
local educational agency, who have been eligible participants less
than one year, multiplied by (ii) $700;
``(B) the amount equal to the product of (i) the number of
eligible participants enrolled during the period for which the
determination is made 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 district served by each such
local educational agency, who have been eligible participants at
least one year but not more than two years, multiplied by (ii) $500;
and
``(C) the product of (i) the number of eligible participants
enrolled during the period for which the determination is made 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 district served by each such local educational agency,
who have been eligible participants more than two years but not more
than three years, multiplied by (ii) $300.
``(2) The local educational agencies referred to in paragraph (1)
are those local educational agencies in which the sum of the number of
eligible participants 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)
[formerly 20 U.S.C. 238(b) and (c)(2)(B)], 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 education-
related, services or activities within the State because of the
significant concentration of eligible participants. The amount of the
reduction required under this paragraph shall be determined by the
Secretary in a manner consistent with subsection (c).
``(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 eligible participants who meet the requirements of section
101(4).
``(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)(3) 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.
``(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.
``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 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.
``applications
``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) provide 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 commingled 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.
``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.
``(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
``state entitlements
``Sec. 401. (a) The Secretary shall, in accordance with the
provisions of this title, make payments to State educational agencies
for 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 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 for 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 enhancement 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 for 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 to develop
occupational and related skills for individuals, particularly
programs authorized under the Job Training Partnership Act [29
U.S.C. 1501 et seq.] or title I of the Workforce Investment Act of
1998 [29 U.S.C. 2801 et seq.] or under the Vocational Education Act
of 1963 [now Carl D. Perkins Vocational and Technical Education Act
of 1998] [20 U.S.C. 2301 et seq.].
``[(b) Repealed. Pub. L. 105-220, title II, Sec. 251(b)(1), Aug. 7,
1998, 112 Stat. 1079.]
``(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).
``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 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 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.
``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 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 [8 U.S.C. 1521 et seq.]. The
authorizations provided in section 414 of that Act [8 U.S.C. 1524] 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 [Pub. L. 96-304, July 8, 1980,
94 Stat. 857, 865], 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 [8 U.S.C. 1101 et seq.]) with respect to
individuals admitted to the United States under section 207(c) of the
Immigration and Nationality Act [8 U.S.C. 1157(c)] 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 [42 U.S.C. 4321
et seq.].
``(4) Funds to carry out this subsection may be available until
expended.
``(5) [Repealed. Pub. L. 96-424, Oct. 10, 1980, 94 Stat. 1820.]
``(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) 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 [8 U.S.C. 1101 et seq.];
``(ii) is the subject of removal 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 removal has not been entered.''
[Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(f)(5),
(g)(2)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-430, 2681-435, which
provided that, effective July 1, 2000, section 402(a)(4) of Pub. L. 96-
422, set out above, is amended by striking ``the Comprehensive
Employment and Training Act of 1973'' and inserting ``the Job Training
Partnership Act or'', probably intended to strike ``the Job Training
Partnership Act or'' before ``title I of''.]
[Pub. L. 96-424, Oct. 10, 1980, 94 Stat. 1820, provided in part that
the repeal of section 501(c)(5) of Pub. L. 96-422, set out above, is
effective Oct. 11, 1980.]
[Pub. L. 97-35, title V, subtitle C, Sec. 547, Aug. 13, 1981, 95
Stat. 463, provided that: ``This subtitle [repealing sections 239a and
1211b of Title 20, Education, amending the Refugee Assistance Act of
1980, set out above, and repealing provisions set out as a note under
section 1211b of Title 20] shall take effect on October 1, 1981.'']
[For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.]
Consolidated Refugee Education Assistance Act
Pub. L. 97-35, title V, Sec. 541, Aug. 13, 1981, 95 Stat. 458,
provided that: ``This subtitle [subtitle C (Secs. 541-546), repealing
sections 239a and 1211b of Title 20, Education, amending the Refugee
Education Assistance Act of 1980, set out above, and repealing
provisions set out as a note under section 1211b of Title 20] may be
cited as the `Consolidated Refugee Education Assistance Act'.''
Executive Order No. 12246
Ex. Ord. No. 12246, Oct. 10, 1980, 45 F.R. 68367, which delegated to
the Secretary of State the functions of the President under section
501(c) of Pub. L. 96-422, set out above, was revoked by Ex. Ord. No.
12251, Nov. 15, 1980, 45 F.R. 76085, formerly set out below.
Executive Order No. 12251
Ex. Ord. No. 12251, Nov. 15, 1980, 45 F.R. 76085, which related to
the delegation of functions concerning educational assistance to Cuban
and Haitian entrants, was revoked by Ex. Ord. No. 12341, Jan. 21, 1982,
47 F.R. 3341, set out below.
Ex. Ord. No. 12341. Delegation of Functions Concerning Educational
Assistance to Cuban and Haitian Entrants
Ex. Ord. No. 12341, Jan. 21, 1982, 47 F.R. 3341, as amended by Ex.
Ord. No. 13286, Sec. 48, Feb. 28, 2003, 68 F.R. 10628, provided:
By the authority vested in me as President of the United States of
America by Section 501 of the Refugee Education Assistance Act of 1980
(8 U.S.C. 1522 note) and Section 301 of Title 3 of the United States
Code, and to reassign some responsibilities for providing assistance to
Cuban and Haitian entrants, it is hereby ordered as follows:
Section 1. The functions vested in the President by Sections 501(a)
and (b) of the Refugee Education Assistance Act of 1980, hereinafter
referred to as the Act (8 U.S.C. 1522 note), are delegated to the
Secretary of Health and Human Services.
Sec. 2. The Secretary of Homeland Security shall ensure that actions
are taken to provide such assistance to Cuban and Haitian entrants as
provided for by Section 501(c) of the Act. To that end, the functions
vested in the President by Section 501(c) of the Act are delegated to
the Secretary of Homeland Security.
Sec. 3. All actions taken pursuant to Executive Order No. 12251
[formerly set out as a note above] shall continue in effect until
superseded by actions under this Order.
Sec. 4. Executive Order No. 12251 of November 15, 1980, is revoked.
Presidential Determination Authorizing Transportation for Certain
Unaccompanied Minors, Elderly, and Ill Individuals
Determination of President of the United States, No. 95-10, Dec. 15,
1994, 59 F.R. 65891, provided:
Memorandum for the Secretary of Defense [and] the Attorney General
It is hereby determined that the Secretary of Defense shall assist
the Attorney General under section 501(c) of the Refugee Education
Assistance Act of 1980 (Public Law 96-422) [set out above] by providing
transportation for certain unaccompanied minors, elderly, and ill
individuals. The Secretary of Defense may agree to expand the range of
services and category of individuals as he determines.
The Secretary of Defense is authorized and directed to publish this
determination in the Federal Register.
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in section 1523 of this title; title 6
section 279; title 42 sections 1382, 1396v.
