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1976/09/10 S2145 Indochina Refugee Children Assistance Act of 1975
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1976/09/10 S2145 Indochina Refugee Children Assistance Act of 1975
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The original documents are located in Box 55, folder "9/10/76 S2145 Indochina Refugee
Children Assistance Act of 1975" of the White House Records Office: Legislation Case
Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
APPROVED
Digitized from the White House Records Office: Legislation Case Files at the $ 9/10/76 Gerald Presidential
Library
SEP10 1976
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day: September 14
September 9, 1976
MEMORANDUM FOR
THE PRESIDENT
FROM:
JIM CANNON
SUBJECT:
S. 2145 - Indochina Refugee
Children Assistance Act of 1975
Attached for your consideration is S. 2145, sponsored by
Senators Cranston, Tunney and nineteen others.
The enrolled bill would authorize Federal payments to States,
for the transition quarter and FY 77, to assist local
education agencies in providing elementary and secondary
education for Indochinese refugee children in both public
and private schools and authorizes instruction programs
for adult Indochinese refugees.
A detailed explanation of the provisions of the enrolled
bill is provided in OMB's enrolled bill report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus) and I
recommend approval of the enrolled bill.
RECOMMENDATION
That you sign S. 2145 at Tab B.
Thym Smith advised 9/10/76
FORDS is LISRARY DERATO
PRESIDENT
OFFICE
and
EXECUTIVE OFFICE OF THE PRESIDENT
UNITED
OFFICE OF MANAGEMENT AND BUDGET
EXECUTIVE
STATES
WASHINGTON, D.C. 20503
SEP 8 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 2145 - Indochina Refugee
Children Assistance Act of 1975
Sponsors - Sens. Cranston and Tunney (D)
California and 19 others
Last Day for Action
September 14, 1976 - Tuesday
Purpose
Provides Federal funds to State educational agencies through
fiscal year 1977 for education of Indochinese refugee
children, and authorizes instruction programs for adult
Indochinese refugees.
Agency Recommendations
Office of Management and Budget
Approval
Health, Education, and Welfare
Approval
Discussion
S. 2145 would authorize Federal payments to States, for the
transition quarter and fiscal year 1977, to assist local
education agencies (LEA's) in providing elementary and
secondary education for Indochinese refugee children in both
public and private schools. Title II of the enrolled bill
would authorize payment to each State of an amount equal to
the number of Indochinese refugee children aged 5 to 17
receiving public education services, multiplied by $300 per
child for the first 100 refugee children or the number equal-
ing 1% of the LEA's enrollment--whichever is lesser--and $600
per child for each additional child.
State grants under Title II would be reduced by any amounts
an LEA receives during the same period under the Indochina
Migration and Refugee Assistance Act of 1975 (P.L. 94-23).
Moreover, the bill provides that if appropriations for
Title II are not sufficient to pay the full amount that all
States are entitled to receive, each State's grant would be
ratably reduced to bring the sum of the grants within the
total amount appropriated. Finally, the bill would permit
reimbursement of State administrative expenses, up to 1% of
TORD LIBRA
2
the State's grant. The appropriation of "such sums as may
be necessary" is authorized for the purposes of Title II.
Title I of the enrolled bill would provide reimbursement to
States for the additional expenses of educating the refugee
children, as defined in the bill, for fiscal year 1976 only.
The report of the Conference Committee on S. 2145 indicates
no intention to provide funds for fiscal year 1976, and
Title I therefore has no practical effect.
Title III of S. 2145 would authorize appropriations equal
to the balance of any unused authorizations under the Adult
Education Act for "emergency" programs of instruction for
adult refugees for the period from July 1, 1976, through
September 30, 1977. Grants would be made for instruction
in reading and mathematics, administrative costs of such
programs, and support services and special education projects
mainly aimed at developing employment opportunities.
Budget Impact. HEW estimates that, if fully funded, Title
II of the enrolled bill would cost $20 million and Title III
would cost $17.8 million through fiscal year 1977. Additional
appropriations would have to be requested, but the precise
amount is not known at this time, since some funds appropri-
ated under P.L. 94-23 may be available for this purpose.
Background
Under the Indochina Migration and Refugee Assistance Act
(P.L. 94-23), which was proposed by the Administration and
enacted in May 1975, $455 million was appropriated for Indo-
chinese refugee assistance, including education. This aid
was sought for the approximately 140,000 refugees who were
admitted to the United States in the Spring of 1975. HEW
estimates that the resettlement of these refugees added about
40,000 school children to the American school system, with
the largest concentration, roughly 24%, in California.
Under P.L. 94-23, HEW has provided a total of $20 million to
assist in the education of both children and adult refugees.
It has already provided during fiscal year 1976 amounts as
authorized by the enrolled bill--$300 for each refugee child
enrolled in a school district and $600 for each child over
100 children or 1% of the school district's enrollment.
S. 2145 was introduced on July 21, 1975, before HEW had
announced its program to provide funds to reimburse LEA's
for the expenses of educating Indochina refugee children.
Even after HEW announced its intention to provide assistance
for education programs for adults and children, however, the
3
Congress indicated it believed additional assistance was
justified, among other reasons, in order to provide funds
for at least two years.
Administration position. Throughout House and Senate
consideration, the Administration opposed this legislation
because the responsibility for providing for the basic cost
of instruction for the refugee children lies with the school
districts.
Most of these children are widely dispersed, and can readily
be absorbed with the assistance provided by HEW under the
authority of P.L. 94-23. In addition, HEW is already pro-
viding grants to State educational agencies for related
leadership and training activities, and to provide English
instruction to adult refugees.
After the conferees reported on S. 2145, the Administration
indicated that it would not object to the conference version,
which substantially reduced the authorized Federal expen-
ditures for elementary and secondary assistance below the
levels authorized by either the House or Senate bills.
Recommendations
HEW recommends your approval of the enrolled bill, in light
of the reduction in the funding levels from earlier versions,
and the Department's belief that there remains a substantial
need for the adult education programs authorized by Title
III. We concur in HEW's recommendation.
Naomi R. Sweeney
Acting Assistant Director
for Legislative Reference
Enclosures
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICER
OFFICE OF MANAGEMENT AND BUDGET
EXECUTIVE
STATES
WASHINGTON, D.C. 20503
3
SEP 8 1976
9-8-76
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 2145 - Indochina Refugee
Children Assistance Act of 1975
Sponsors - Sens. Cranston and Tunney (D)
California and 19 others
Last Day for Action
September 14, 1976 - Tuesday
Purpose
Provides Federal funds to State educational agencies through
fiscal year 1977 for education of Indochinese refugee
children, and authorizes instruction programs for adult
Indochinese refugees.
Agency Recommendations
Office of Management and Budget
Approval
Health, Education, and Welfare
Approval
Discussion
S. 2145 would authorize Federal payments to States, for the
transition quarter and fiscal year 1977, to assist local
education agencies (LEA's) in providing elementary and
secondary education for Indochinese refugee children in both
public and private schools. Title II of the enrolled bill
would authorize payment to each State of an amount equal to
the number of Indochinese refugee children aged 5 to 17
receiving public education services, multiplied by $300 per
child for the first 100 refugee children or the number equal-
ing 1% of the LEA's enrollment--whichever is lesser--and $600
per child for each additional child.
State grants under Title II would be reduced by any amounts
an LEA receives during the same period under the Indochina
Migration and Refugee Assistance Act of 1975 (P.L. 94-23).
Moreover, the bill provides that if appropriations for
Title II are not sufficient to pay the full amount that all
States are entitled to receive, each State's grant would be
ratably reduced to bring the sum of the grants within the
total amount appropriated. Finally, the bill would permit
reimbursement of State administrative expenses, up to 1% of
2
the State's grant. The appropriation of "such sums as may
be necessary" is authorized for the purposes of Title II.
Title I of the enrolled bill would provide reimbursement to
States for the additional expenses of educating the refugee
children, as defined in the bill, for fiscal year 1976 only.
The report of the Conference Committee on S. 2145 indicates
no intention to provide funds for fiscal year 1976, and
Title I therefore has no practical effect.
Title III of S. 2145 would authorize appropriations equal
to the balance of any unused authorizations under the Adult
Education Act for "emergency" programs of instruction for
adult refugees for the period from July 1, 1976, through
September 30, 1977. Grants would be made for instruction
in reading and mathematics, administrative costs of such
programs, and support services and special education projects
mainly aimed at developing employment opportunities.
Budget Impact. HEW estimates that, if fully funded, Title
II of the enrolled bill would cost $20 million and Title III
would cost $17.8 million through fiscal year 1977. Additional
appropriations would have to be requested, but the precise
amount is not known at this time, since some funds appropri-
ated under P.L. 94-23 may be available for this purpose.
Background
Under the Indochina Migration and Refugee Assistance Act
(P.L. 94-23), which was proposed by the Administration and
enacted in May 1975, $455 million was appropriated for Indo-
chinese refugee assistance, including education. This aid
was sought for the approximately 140,000 refugees who were
admitted to the United States in the Spring of 1975. HEW
estimates that the resettlement of these refugees added about
40,000 school children to the American school system, with
the largest concentration, roughly 24%, in California.
Under P.L. 94-23, HEW has provided a total of $20 million to
assist in the education of both children and adult refugees.
It has already provided during fiscal year 1976 amounts as
authorized by the enrolled bill--$300 for each refugee child
enrolled in a school district and $600 for each child over
100 children or 1% of the school district's enrollment.
S. 2145 was introduced on July 21, 1975, before HEW had
announced its program to provide funds to reimburse LEA's
for the expenses of educating Indochina refugee children.
Even after HEW announced its intention to provide assistance
for education programs for adults and children, however, the
3
Congress indicated it believed additional assistance was
justified, among other reasons, in order to provide funds
for at least two years.
Administration position. Throughout House and Senate
consideration, the Administration opposed this legislation
because the responsibility for providing for the basic cost
of instruction for the refugee children lies with the school
districts.
Most of these children. are widely dispersed, and can readily
be absorbed with the assistance provided by HEW under the
authority of P.L. 94-23. In addition, HEW is already pro-
viding grants to State educational agencies for related
leadership and training activities, and to provide English
instruction to adult refugees.
After the conferees reported on S. 2145, the Administration
indicated that it would not object to the conference version,
which substantially reduced the authorized Federal expen-
ditures for elementary and secondary assistance below the
levels authorized by either the House or Senate bills.
Recommendations
HEW recommends your approval of the enrolled bill, in light
of the reduction in the funding levels from earlier versions,
and the Department's belief that there remains a substantial
need for the adult education programs authorized by Title
III. We concur in HEW's recommendation.
Naomi R. Sweeney
Acting Assistant Director
for Legislative Reference
Enclosures
HEALTH.
OF
EDUCATION:
DEPARTMENT OF HEALTH, EDUCATION. AND WELFARE
U.S.A.
SEP 8 1976
The Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D. C. 20503
Dear Mr. Lynn:
This is in response to your request for a report on S. 2145,
an enrolled bill "To provide Federal financial assistance
to States in order to assist local educational agencies
to provide education to Vietnamese and Cambodian refugee
children, and for other purposes."
In summary, we recommend that the President sign the bill.
The major provisions of the enrolled bill are described in
detail at Tab A. In brief, title I would seem to have
no immediate significance because, although it would
establish a grant program to provide educational assistance
to refugee children, it would authorize appropriations
only for fiscal year 1976. The report of the Conference
Committee indicates that there is no intent to implement
title I in any fashion.
Title II of the enrolled bill is more problemmatic. It would
authorize the Commissioner of Education to make grants to
States in order to provide "educational services" to
Indochina refugee children in elementary and secondary
schools, for the period July 1, 1976 through September 30,
1977. The size of these grants would be based on the number
of refugee children that receive these services. Fully
funded, the title would require, for the period, an
appropriation of $20 million.
The presence of Indochina refugee children in elementary
and secondary schools is in large measure a consequence of
the Vietnamese war and, therefore, of particular national
The Honorable James T. Lynn
2
concern. However, Federal assistance was provided for their
education during fiscal year 1976 under the Indochina Migration
and Refugee Assistance Act of 1975. We believe these students
are now integrated into the elementary and secondary education
systems of the States and, like other children, are a State and
local concern. Nevertheless, the cost of fully implementing
title II is substantially below that of either the House
or Senate versions of the bill ($23 million and $36.2 million,
respectively). In light of this reduction and our strong
support for title III, we do not believe that our objections
to title II are sufficient to warrant the bill's disapproval.
Title III would authorize, for programs for adult Indochina
refugees appropriations equal to the balance of any unused
authorizations under the Adult Education Act for the period
July 1, 1976 through September 30, 1977. We strongly support
title III because available evidence about the status of
adult refugees demonstrates a substantial need for such adult
programs through fiscal year 1977. The cost of fully funding
title III would be $17.8 million.
We, therefore, recommend enactment of the enrolled bill.
Sincerely,
Liagine Secretary hynch
Enclosure
MAJOR PROVISIONS OF S. 2145
Title I: Program to Assist Indochina Refugee Children
for Fiscal Year 1976
Title I of the enrolled bill would authorize the Commissioner
of Education to make payments to States to help elementary
and secondary schools meet the cost of providing Indochinese
refugee children with supplementary educational services
(including inter alia English language instruction and bilingual
educational services), additional basic instructional services
(including additional classroom teachers and additional
teaching materials and supplies), and special inservice
training for personnel.
State educational agencies would be required to submit
applications for funding to the Commissioner of Education
for approval.
Each State would be entitled to receive for fiscal year 1976
an amount which would equal the additional expenditures
incurred in providing additional basic educational services,
supplementary educational services, and inservice personnel
training. However, a State's entitlement, could not exceed
an amount which, when combined with grants under the Indo-
china Migration and Refugee Assistance Act of 1975, equals
the average per pupil expenditure in such State multiplied
by the number of Indochina refugee children receiving public
educational services in the State.
The report of the Conference Committee indicates that there
is no intent to fund title I.
Title II: Program to Assist Indochina Refugee Children for
the Transition Period and the 1977 Fiscal Year
Title II of the enrolled bill would authorize the Commissioner
of Education to make payments to States in order to provide
"educational services" for Indochina refugee children in
elementary and secondary schools.
2
States would be required to submit applications for funding
to the Commissioner of Education.
Each State would be entitled to receive for the period
July 1, 1976, through September 30, 1977, an amount equal to
the number of Indochina refugee children aged five to
seventeen receiving public educational services under
supervision of a local education agency (e.g. public board
of education) multiplied by $300 for the first one hundred
children or the number equalling one percent of the total
enrollment--whichever is lesser--and $600 for each additional
child. However, from each State's entitlement would be deducted
the amount of grants received by local educational agencies
of that State and by that State's educational agency under
the Indochina Migration and Refugee Assistance Act of 1975.
The difference would be the amount of the grant that the
State would receive.
Further, if the amount appropriated by Congress for title II was
not sufficient to pay the sum of the grants that all States
were entitled to receive, the grant to each State would be
ratably reduced to bring the sum of the grants within the
limits of the amount appropriated. Thus, for example, were
eleven States entitled to receive one dollar each but only
ten dollars were appropriated by Congress, each State would
receive one-eleventh of ten dollars or ninety-one cents.
Title III: Emergency Adult Education Provision for Indochina
Refugees
Title III authorizes for programs for adult Indochina
refugees appropriations equal to the balance of any
unused authorizations under the Adult Education Act for the
period July 1, 1976 through September 30, 1977. Grants
would be made for programs of instruction for adult refugees
in reading and mathematics, the administrative costs of
planning and operating such programs, support services to
meet the educational needs of adult refugees, and specially
designed education projects.
The Commissioner of Education would be authorized to accept
and approve applications for funding from State and local
education agencies.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
Time:
September 8
630pm
FOR ACTION: David Lissy
ge (for information): Jack Marsh
Max Friedersdorf
Jim Connor
Ken Lazarus
Ed Schmults
Rteve McConabey
FROM THE STAFF SECRETARY
DUE: Date: September 9
Time: 300pm
SUBJECT:
S. 2145-Indochina Refugee children Assistance Act of
1975
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, grounddfloor west wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K.R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
Time:
September 8
630pm
FOR ACTION:
David Lissy
CC (for information): Jack Marsh
Max Friedersdorf
Jim Connor
Ken Lazarus)
Ed Schmults
Steve McConahey
FROM THE AFF SECRETARY
DUE: Date: September 9
Time: 300pm
SUBJECT:
S. 2145-Indochina Refugee children Assistance Act of
1975
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
No objection -- Ken Lazarus 9/9/76
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED
If you have any questions or if you anticipate a
delay in submitting the required moterial, please
James M. Cannon
maths
For
the
Procider
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
Time:
September 8
630pm
FOR ACTION: David Lissy
CC (for information): Jack Marsh
Max Friedersdorf
Jim Connor
Ken Lazarus
Ed Schmults
Steve McConahey
FROM THE CAFF SECRETARY
DUE: Date: September 9
Time: 300pm
SUBJECT:
S. 2145-Indochina Refugee children Assistance Act of
1975
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
9/9
Recommend signature
and consideration of
signing statement allo
ceremony : one
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED
If you have any questions or if you anticipate a
delay in submitties the required material, please
James M. Cannon
For
THE WHITE HOUSE
WASHINGTON
September 10, 1976
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF w.b.
SUBJECT:
S.2145 - Indochina Refugee children
Assistance Act of 1975
The Office of Legislative Affairs concurs with the agencies
that the
subject bill be signed.
Attachments
Calendar No. 419
94TH CONGRESS
SENATE
REPORT
1st Session
No. 94-432
INDOCHINA REFUGEE CHILDREN ASSISTANCE ACT
OF 1975
OCTOBER 22, 1975.-Ordered to be printed
Mr. CRANSTON, from the Committee on Labor and Public Welfare,
submitted the following
REPORT
[To accompany S. 2145]
The Committee on Labor and Public Welfare, to which was referred
the bill (S. 2145), to provide Federal financial assistance to States
in order to assist local educational agencies to provide public educa-
tion to Vietnamese and Cambodian refugee children, and for other
purposes, having considered the same, reports favorably thereon with
amendments and recommends that the bill as amended do pass.
COMMITTEE AMENDMENTS
The committee made one amendment of a clarifying nature and two
amendments of a substantive nature.
The first amendment, within section 7 of the reported bill, clarifies
that Supplementary Assistance Grant monies may be used to meet the
needs of handicapped Indochina refugee children.
The second amendment adds a new section 11 to the reported bill,
amending the Adult Education Act to provide programs for Indo-
china refugee adults.
The third amendment adds language at various sections of the bill
to ensure that state and local educational agencies shall have grants
and entitlements reduced by the amounts received under the Indochina
Migration and Assistance Act of 1975.
2
SUMMARY OF THE BILL AS REPORTED
S. 2145 provides for the reimbursement, to local education agencies,
of costs incurred in the educating of Indochina refugee children. The
bill provides a basic cost-of-education grant plus a $300 per refugee
child payment for supplementary assistance, such as special language
training. One hundred percent of these amounts are available in the
first year and 50 percent in the second year, after which the bill ter-
minates. Adult education programs for refugees are set forth in an
amendment to the Adult Education Act. Elementary and secondary
payments are to be made by the Commissioner of Education to the
states for distribution among the districts having refugee children.
Adult education program applications are directed to and funded di-
rectly by the Commissioner.
INTRODUCTION
S. 2145 was introduced on July 21, 1975, by Senators Cranston and
Tunney, with 19 cosponsors. The Subcommittee on Education con-
ducted a hearing on September 9, 1975, on S. 2145, and heard testi-
mony from Senator Tunney; representatives of the Department of
Health, Education, and Welfare; Dr. Wilson A. Riles, California
Superintendent of Public Instruction; Dr. John Pittinger, represent-
ing the Council of Chief State School Officers; a representative of
the Washington State Department of Education; and a panel repre-
senting the American Association of School Administrators, the Na-
tional School Boards Association, and the Council of Great Cities
Schools.
All witnesses, with the exception of the administration witnesses,
urged enactment of S. 2145.
The bill and an accompanying Adult Education amendment by
Senators Javits and Mondale was reported from subcommittee by
a unanimous vote on October 1, and in executive session on October 7,
1975, the bill, with amendments, was unanimously approved and
ordered reported.
NEED FOR LEGISLATION
To fully assess the importance of this legislation, the committee
carefully reviewed, in historical perspective, the beginnings of the
refugee relocation and the Federal Government's commitment.
In April of 1975 the President authorized, as a result of the tragedy
in Vietnam, the admission to the United States of some 130,000 Viet-
namese and Khmer (Cambodian) refugees, an action subsequently
approved by the Congress. On April 18 the President drew together
the civilian agencies of the Federal Government into an Inter-Agency
Task Force to administer a refugee resettlement program within the
United States and to third countries, in cooperation with individuals
and volunteer agencies.
From the beginning, the Federal Government's intent to alleviate
adverse State and local impact seemed clear. On May 3, 1975, Ambas-
sador L. Dean Brown cabled U.S. Governors with details of the re-
settlement program, and his message said in part:
We believe the social and economic impact will be minimal
*
*
* State and local authorities will suffer no direct fiscal
hardship and little indirect hardship from the influx.
3
On May 12, Ambassador Brown testified before the Senate Foreign
Relations Committee as follows:
Every effort will be made to ensure the resettlement to the
extent possible will not be concentrated in a few enclaves in
the country and will not result in economic or social service
hardship. The Department for HEW, subject to Congres-
sional action on the Administration's bill, will provide full
reimbursement to State and local social service and health
agencies for costs they may incure in providing income as-
sistance, health maintenance, social services and educational
services to refugees who are in need of such assistance. (Em-
phasis supplied.)
In its review of these statements and testimony, the committee finds
no indication, direct or implied, that local and State agencies providing
educational services were to be excluded from the full reimbursement
posture as enunciated by Ambassador Brown. In Senate floor debate
on the Indochina Migration and Refugee Assistance Act of 1975, (S.
1661) Senator Sparkman, Chairman of the Foreign Relations Com-
mittee of the Senate, noted that the committee was "very much aware
of the potential refugee impact on schools" and cited language in the
committee report that-
The committee anticipates that HEW wil develop pro-
cedures to ensure that local communities will not be adversely
affected by the resettlement of refugees.
Therefore, in the view of this committee, schools had little or no
reason to suspect that local or State education agencies would be treated
differently from other agencies providing educational and/or social
services. Also, it must be recognized that school budgets are finalized
in early spring. Enrollment projections are set, teachers and other per-
sonnel hired, and curriculum materials purchased. For most schools,
having made their financial committments about a month in advance
of the announced Federal refugee acceptance and relocation policy,
budget revision to accommodate an unknown quantity of refugee chil-
dren-with special educational needs costing additional dollars-was
not feasible and there was no practical way to rework budgets and
raise additional revenues.
The financial dilemma for schools was compounded by the sheer
numbers of refugees and the speed with which the immigration was
accomplished. In the words of Ambassador Brown:
*** we are faced with a situation of unprecedented dimen-
sions. Never before have we been called upon to absorb as
large an influx in SO short a period of time. * * We do not
have the cushion which camps for displaced persons in Eu-
rope provided or the flexibility which the gradual arrival of
Cubans over a period of several years afforded us.
Schools, therefore, reacted with understandable dismay when
then-HEW Secretary Caspar W. Weinberger, meeting with media
representatives on June 5, seemed to reverse the Department's position
and said "we will not follow refugees into the various home com-
munities and pay for services rendered by the community." Secretary
Weinberger said also on that date that only about $2 million of the $405
4
million appropriated by Congress could be used to reimburse educa-
tion expenses and only then where there was "a very, very large impact
on a small school district." Subsequently, HEW announced that a
one-time payment of $300 per refugee child would be made to school
districts enrolling 100 refugee students, or 1 percent of their total
enrollment, whichever was less. Guidelines for the policy, however,
were not published and schools received no word as to how the pay-
ment policy would be carried out.
S. 2145 was introduced on July 21, 1975. On September 9, at a hear-
ing of the Subcommittee on Education convened to take testimony on
S. 2145, HEW officials announced a new policy wherein districts
enrolling 1 to 100 refugee children would receive a one-time payment
of $300 per refugee child, and the Department would pay $600 for each
refugee child the district enrolls above 100, or 1 percent of the total
student population, whichever is less. The Department announced it
would provide grants to State educational agencies equal to 5 percent
of the total funds received by school districts within the State, such
monies to be used for leadership and training activities.
The committee is pleased to note the Department's acknowledge-
ment, in its testimony of September 9, of the need to provide a Federal
payment for each refugee child. However, in the view of the commit-
tee, full reimbursement of both basic and supplemental education costs
should be provided in the first year, rather than partial payments for
special services as proposed by HEW. The committee also places a
high priority on adult education programs, which are not covered by
the HEW proposal, but are covered by S. 2145, as amended. Further,
HEW proposes no payment beyond the first academic year, while the
committee bill provides 50 percent of second-year costs. The committee
believes this second-year funding to be essential in effecting a transi-
tion to the point where local school districts, and States, can be
expected to assume the full cost of educating these refugee children.
In view of HEW's proposed payment of supplementary costs as
enunciated in the Department's September 9 testimony, and as pub-
lished in the Federal Register of October 10, the committee amended
S. 2145 SO that monies paid by HEW to local and State education
agencies, under its own formula, will be counted and will reduce each
local or State grant accordingly. The practical effect of this amend-
ment is to prevent duplication of monies and to reduce the cost of the
bill by exactly the amount paid by HEW under its own program, or
about $15 million.
DISCUSSION OF BILL AS REPORTED
The committee feels there is ample justification for the full reim-
bursement of first-year education costs, as set forth in the reported
bill, plus a grant of $300 per refugee child for supplementary assist-
ance programs. Further, the committee feels that provision of adult
education programs is necessary SO that the full initial needs of the
refugee community can be met.
The committee views the implementation of S. 2145 as follows:
5
COUNTS OF REFUGEE CHILDREN
As part of the application process, the Commissioner of Education
will require each State education agency to submit an actual count
(or estimate, if an actual count is unavailable) of the number of Indo-
china refugee children enrolled in K-12 classes in each of the State's
local education agencies. Completed applications and counts shall be
submitted 30 days after an appropriation is made.
The State education agency will collect initial actual counts of
refugee children (or estimates if actual counts are not yet available)
from each local education agency in the State. The State education
agency shall require that refugee children be counted separately for
the purposes of the act, and that at least two subsequent counts per
year be made. The second count shall be made by December 31, and
the final count shall be made by June 30. The counts shall record the
actual number of refugee children enrolled in local education agencies
on those dates.
These data will be reported to the Commissioner SO that grant
amounts can be adjusted in accordance with verified average daily
attendance counts. The State education agency will also employ these
counts to adjust grants to local education agencies within each State.
PAYMENT PROCEDURES
Based on the counts of refugee children described above, the Com-
missioner will grant to each State education agency an amount equal
to the average State per pupil expenditure multiplied by the number
of refugee students reported in the initial application. Based on
subsequent reports from the State education agency, the Commissioner
will adjust this grant amount as appropriate.
The State education agency may make grants under this act to local
education agencies, including appropriate intermediate education
agencies, county or regional education agencies, or consortia, or coop-
eratives composed of a number of local education agencies. The intent
in granting such latitude is to insure that funds made available under
this act may be pooled, where appropriate, to provide a well coordi-
nated and effective program of educational services for refugee
children.
Based on the actual counts provided by local education agencies, the
State education agency will develop appropriate mechanisms to
reimburse both the State's share and the local share of all expendi-
tures incurred by each local education agency in providing educa-
tional services to refugee children. The reimbursement shall be equal
to the actual average per pupil expenditure in each district enrolling
refugee children. The allocations payable under this basic grants sec-
tion are intended to defray the general costs of educating each refugee
child in each local education agency. No special programs or appli-
cation process need be created for payment under this section.
6
SUPPLEMENTARY ASSISTANCE GRANTS
Allocations of supplementary assistance grants shall be made by the
Commissioner to State education agencies which develop appropriate
application procedures for supplementary assistance grants and solicit
applications from local education agencies enrolling refugee children.
The application procedure shall describe the method through which
the local education agencies propose to meet the unique educational
needs of refugee children who are aged 5 to 17, inclusive.
On the basis of these applications, the State education agency shall
make grants in the amount of $300 for each refugee child to local
education agencies. Supplementary assistance grants may also be made
to interim education agencies, county or regional education agencies,
or cooperatives, or consortia of local education agencies. The State
education agency shall monitor supplementary assistance programs to
insure that they address the unique educational needs of refugee chil-
dren and that they are sufficiently focused SO as to give reasonable
promise of substantial progress toward meeting these educational
needs.
Recognizing that Indochinese refugee children may have additional
educational problems which will require specialized programming,
the committee bill authorizes additional grants intended to meet the
expenses of State and local educational agencies to provide for these
needs. Such specialized programing may include such services as lan-
guage training, bilingual education and other tutorial assistance. The
committee has further amended this section to clarify and emphasize
that such grants may be used to meet the needs of handicapped Indo-
chinese refugee children who may require special education and related
support services.
ADULT EDUCATION PROGRAMS
The National Advisory Council on Adult Education contacted mem-
bers of the committee regarding the needs of adult refugees. It was
estimated that 54 percent of all Indochinese refugees were 18 years of
age or older. The committee believes that if these adult refugees were
not provided with opportunities to learn civic and basic coping skills,
their chance to become productive members of society would be dras-
tically reduced. The existing law, Adult Education Act (Public Law
91-230, as amended) had no specific section to serve the special and
temporary needs of the Indochinese refugee adult. The committee
specifically chose to avoid diverting funds from the adult education
programs for which monies had already been appropriated. As the
Adult Education Act is currently funded at less than half of its full
authorization, no additional authorization of appropriation is included
in this section. This section provides for an adult education program
for refugees for only 2 fiscal years, so that the sudden impact of the
refugees can be supported, while regular Federal and nonfederally
supported adult education programs will meet the longer range needs
after the 2-year period.
This section provides that both State education agencies and local
education agencies may apply directly to the Commissioner of Educa-
tion for grant support. However, in the case of a local education
agency, they must first have their application reviewed by their State
education agency SO that duplication is avoided. The only purpose of
7
this State agency review is SO that proposed programs under this
section or any other law will not overlap and waste funds. It is not
intended that the State agency shall withhold its assurance on grounds
other than those of duplication of programs. The purpose of providing
direct application by both State and local education agencies is to
assure rapid implementation of the special programs, and to allow
flexibility to the local educational agencies to provide programs
uniquely designed for their needs.
The committee notes that under Public Law 94-23, the Indochinese
Refugee Act, HEW is currently expending $5 million to support spe-
cial refugee education projects for adults. The committee is concerned
that this amount is insufficient to meet the minimum needs of the adult
refugees for special educational services. The National Advisory Coun-
cil on Adult Education has estimated that approximately $21.4 million
over 2 years would be necessary to meet the needs of refugee adults
for educational services. S. 2145 provides language which insures that
payments made under any law for these purposes would be taken into
consideration when establishing the need for additional funds. A fur-
ther discussion of the need for adult education funds is included
under the Estimate of Cost.
The committee intends that State and local officials will use a variety
of existing and specially designed approaches to meet the unique need
of adult refugees. The committee believes that these special adult edu-
cation services, delivered carefully and rapidly to their greatest need,
will greatly assist in the resettlement process of these and integrate
them into the fabric of American society.
Cost ESTIMATES
In accordance with section 252(a) of the Legislative Reorganiza-
tion Act of 1970 (Public Law 91-510), the committee estimates that,
if all funds authorized were appropriated during fiscal year 1976, and
for the 3-month fiscal year transition in 1976, and for fiscal year 1977,
the 2-year costs occasioned by S. 2145, as reported, would be as follows
TABLE 1.-INDOCHINA REFUGEE CHILDREN ASSISTANCE ACT (AS REPORTED)
[In millions of dollars]
Fiscal year-
1976
1976T
1977
Total
Sec. 3-State Entitlements
57.0
14.5
29.0
Sec. 7-Supplementary Assistance Grants
14.0
3.75
7.25
Total (new authorization)
71.0
18.25
36.25
125. 5
Sec. II-Adult Education 1
8.2
0
8.2
16. 4
Total
141. 9
1 Appropriation is authorized under existing Adult Education Act and no additional authorization is required.
The Interagency Task Force on Refugees has estimated based on an
examination of demographic data that 54 percent of the total of
approximately 117,000 refugees are adults over 18 years of age. This
is approximately 63.5 thousand adult refugees. The committee believes
that the estimates of cost for delivering this adult education program
provided by the National Advisory Council on Adult Education are
8
an appropriate guide for the national need. In making awards, the
Commissioner should consider these general guidelines, but should
take into account the actual services which the applicant plans to pro-
vide and their proposed cost.
The National Advisory Council has produced its estimate as follows
Based on the present operational practices for adult basic education in
this country, it would require an expenditure of $21,364,224 to provide
educational programs at a basic reading, math, and civic literacy level
for these refugees. As $5 million of funds available under Public Law
95-24 are being spent for adult education programs, the committee
estimates that an additional $16,400,000 over 2 years will be necessary
to support the adult refugee program. The $21,364,224 figure is com-
puted on the rationale of 30 weeks classroom and/or supervised
instruction for three 2-hour sessions per week for a total of 180 hours
in a classroom unit of 10 adult students with 1 teacher and a teacher
aide. In addition, the classroom unit would require $20 per adult stu-
dent for materials, and $300 per every 10 students for guidance and
counseling services plus a 5 percent factor for local and State admin-
istrative costs.
The per student cost for the 180 hours in a learning unit of 10 adults
is only $336 each.
Example:
180 hr. of instruction (30 weeks X three 2-hour sessions per week) at $10
per teacher hour for a class unit (10 adults)
$1, 800
Class unit for materials ($20 each)
200
Teacher aide (180 hr. at $5 per hour)
900
Class unit for guidance and counseling services
300
Class unit for administrative cost factors
160
Total
1 3, 360
1 Or $336 per student in a learning unit of 10 adults.
TABLE II.-ESTIMATED STATE ALLOCATIONS UNDER S. 2145
Estimated
children
Total
5 to 17,
Basic
Supplemental
Total State
State
refugees 1
inclusive 2
grants
grants
allocation
Alabama
1,513
514
646, 612
154,200
800,812
Alaska
99
33
41,514
9,900
51,414
Arizona
1, 160
394
495,652
118,200
613,852
Arkansas
2, 169
737
927,146
221,100
1,148,246
California
30,618
10,410
13,095,780
3,123,000
16,218,780
Colorado
1, 820
619
778,702
185,700
964,402
Connecticut
1, 265
430
540,940
129,000
669,940
Delaware
122
41
51,578
12,300
63,878
District of Columbia
1, 533
521
655,418
156,300
811,718
Florida
6, 540
2, 223
2,796,534
666,900
3,463,434
Georgia
1, 500
51
64,158
15,300
79,458
Hawaii
2, 550
867
1,090,686
260,100
1,350,786
Idaho
434
147
184,926
44,100
229,026
Illinois
3, 785
1, 286
1,617,788
385,800
2,003,588
Indiana
1, 742
592
744,736
177,600
922,336
Iowa
1, 843
627
788,766
188,100
976,866
Kansas
1, 867
635
798, 830
190,500
989,330
Kentucky
863
293
368,594
87,900
456,494
Louisiana
3, 149
1, 071
1,347,318
321,300
1,668,618
Maine
450
153
192,474
45,900
238,374
Maryland
2, 575
876
1,102,008
262,800
1,364,808
Massachusetts
1, 245
423
532, 134
126,900
659,034
Michigan
1, 989
676
850, 408
202,800
1,053,208
Minnesota
4, 415
1, 501
1,888,258
450,300
2,338,556
Mississippi
462
157
197,506
47,100
244,606
Missouri
2, 685
913
1,148,554
273,900
1,422,454
Montana
250
85
106,930
25,500
132,430
Nebraska
1, 122
381
479,298
114,300
593,598
Nevada
428
145
182,410
43,500
225,910
9
TABLE II.-ESTIMATED STATE ALLOCATIONS UNDER S. 2145-Continued
Estimated
children
Total
5 to 17,
Basic
Supplemental
Total State
State
refugees 1
inclusive 2
grants
grants
allocation
New Hampshire
180
61
76,738
18,300
95, 038
New Jersey
1, 854
630
792,540
189,000
981,540
New Mexico
476
162
203,796
48,600
252, 396
New York
4, 118
1, 400
1,761,200
420,000
2,181,200
North Carolina
1, 358
461
579,938
138,300
718,238
North Dakota
495
168
211,344
50,400
261,744
Ohio
2, 937
999
1, 256, 742
299,700
1,556,442
Oklahoma
4, 076
1, 386
1,743,588
415,800
2,159,388
Oregon
2, 269
771
969,918
231,300
1,201,218
Pennsylvania
6,667
2, 266
2,850,628
679,800
3,530,428
Rhode Island
244
83
104,414
24,900
129, 314
South Carolina
838
285
358,530
85,500
444,030
South Dakota
533
181
227,698
54,300
281,998
Tennessee
882
300
377,400
90,000
467,400
Texas
9, 238
3,141
3,951,378
942,300
4,893,678
Utah
677
230
289,340
69,000
358,340
Vermont
163
55
69,190
16,500
85,690
Virginia
4, 109
1, 397
1,757,426
419,100
2,176,526
Washington
4, 251
1, 445
1,817,810
433,500
2,251,310
West Virginia
150
51
64, 158
15,300
79,458
Wisconsin
2, 001
680
855, 440
204,000
1,059,440
Wyoming
106
36
45,288
10,800
56,088
1 Source: Interagency Task Force for Indochina Refugees, Oct. 8, 1975. For the purpose of this table, the number of
refugees remaining in camps as of Oct. 8, 1975, and the 10,049 refugees, who arrived in the 1st few days of the airlift
and for whom no record of destination is documented by the Interagency Task Force for Indochina Refugees, have been
divided among the States in proportion to the numbers of refugees previously received by the States:
2 The demographic data table on refugees issued by the Interagency Task Force on Refugees, indicates that some 34
percent of the total number of refugees are within the ages 5 to 17, inclusive (percentage of 5-year-olds extrapolated
from 0 to 5 category).
Source: Demographic data table on refugees, issued by the Interagency Task Force for Indochina Refugees as of Oct. 8,
1975.
TABULATION OF VOTES CAST IN COMMITTEE
Pursuant to section 133 (b) of the Legislative Reorganization Act
of 1946, as amended, the following is the tabulations of votes of S. 2145.
The committee unanimously ordered the bill, as amended, reported
favorably.
SECTION-BY SECTION ANALYSIS
Section 1.-Establishes the title of the proposed Act as the "Indo-
china Refugee Children Assistance Act of 1975".
Section 2.-Sets forth definitions of the following nine terms as
used in the proposed Act: "Commissioner", "elementary school",
"free public education", "Indochinese refugee children", "average per
pupil expenditure", "local educational agency", "secondary school",
"State", and "State educational agency".
Section 3.-Subsection (a) directs the Commissioner to make pay-
ments to State educational agencies for fiscal years 1976 and 1977
under section 4.
Subsection (b) of section 3 applies exclusively to the 50 States, and
provides that, except as provided in subsection (D) of this section and
section 7, the maximum grant to a State educational agency in a fiscal
year shall be equal to the number of Indochinese refugee children
aged 5 to 17, inclusive, in average daily attendance at the schools of
the local educational agencies of that State, multiplied by the average
per pupil expenditure for that State.
Subsection (c) of section 3 applies exclusively to the jurisdictions
of Guam, American Samoa, the Virgin Islands, and the Trust Terri-
tory of the Pacific Islands, and provides that each shall be entitled
S.R. 432-2
10
to a grant under section 4 as determined by the Commissioner. Grants
SO determined are not to exceed, in the aggregate, 1 per centum of
the aggregate of the entitlements to the 50 States under subsection (b)
of section 3.
Subsection (d) of section 3 provides that State educational agencies
shall subtract from the allocation to which they would otherwise be
entitled under this section the sum of the amounts received for that
fiscal year under the Indochina Migration and Refugee Assistance Act
of 1975.
Subsection (e) of section 3 directs the Commissioner to determine
the number of refugee children on the basis of estimates whenever
actual data are not available, and provides that no resulting under-
estimate shall operate to deprive any State educational agency of pay-
ments to which it would be entitled on the basis of accurate data.
Section 4.-Provides that payments to any State may be used in
accordance with applications approved under section 6 for educational
programs, services, and activities for Indochinese refugee children in
the schools of the local educational agencies of that State.
Section 5.-Subsection (a) provides that, in the event that sums
appropriated are not sufficient to pay in full State educational agency
entitlements for a fiscal year, the allocations to State educational agen-
cies shall be ratably reduced to bring the aggregate of such entitle-
ments within the amount appropriated.
Subsection (b) of section 5 provides that, in the event that funds are
made available after allocations have been made for a fiscal year, such
funds shall be ratably allocated to State educational agencies on the
same basis as subsection (a).
Section 6.-Subsection (a) directs each State educational agency
desiring a payment to submit an application to the Commissioner in
accordance with procedures determined by the Commissioner and
with:
(1) provision for supervision of programs by the State educa-
tional agency;
(2) provision for use of payments for purposes set forth in
section 4;
(3) assurances that payments will be distributed among local
educational agencies in direct proportion to the number of Indo-
chinese refugee children served by each, taking into consideration
the per pupil expenditure of each and the amount received by each
under the Indochina Migration and Refugee Assistance Act of
1975;
(4) assurances that the State educational agency will not dis-
approve any local educational agency application without a hear-
ing; and
(5) provision for making evaluations and other reports to the
Commissioner.
Subsection (b) of section 6 directs the Commissioner to approve
applications which meet the requirements of section (a), and to pro-
vide for a hearing before disapproval of a State educational agency's
application.
11
Section 7.-Subsection (a) directs the Commissioner to make, to any
State which has an approved application under section 6 and provides
for the unique educational needs of Indochinese refugee children, a
supplementary assistance grant of $300 per child.
Subsection (b) of section 7 directs each State desiring a supplemen-
tary assistance grant to apply to the Commissioner in accordance with
procedures established by the Commissioner,
Subsection (c) of section 7 directs the Commissioner to make pay-
ments to States with approved applications under subsection (b),
for use in payment of excess costs incurred by educational programs,
services, and activities which meet the unique needs of Indochinese
refugees children and are determined by the State educational agency
to be of sufficient size and scope to continue to do so.
Subsection (d) of section 7 authorizes, in addition to sums author-
ized under section 3, the appropriation of $14,000,000 for fiscal year
1976, $3,750,000 for the period beginning July 1, 1976, and ending
September 30, 1976, and $7,250,000 for the fiscal year 1977.
Section 8.-Subsection (a) directs the Commissioner to pay each
State educational agency with an approved application under section 6
the amount to which it is entitled.
Subsection (b) of section 7 authorizes the Commissioner to pay each
State educational agency for administrative functions, such payments
not to exceed 1 per centum of the total received by that State agency
in a fiscal year.
Section 9.-Directs the Commissioner, in the event that a State
educational agency fails to comply, and has had an opportunity for
a hearing, to notify the agency of suspension of payments either by
the Commissioner, or by the agency to specified local educational agen-
cies involved in such noncompliance, and to suspend payment until he
is satisfied that there is no longer any failure to comply.
Section 10.-Authorizes the appropriation of $57,000,000 in fiscal
year 1976, $14,500,000 for the period beginning January 1, 1976, and
ending September 30, 1976, and $29,000,000 for fiscal year 1977.
Section 11.-Amends the proposed Act by adding new section 315,
amending the Adult Education Act.
This section provides that for fiscal years 1976 and 1977, the Com-
missioner shall operate a program of grants to State and local educa-
tion agencies for the purpose of operating special adult education
programs for refugees. This is a new section of the Adult Education
Act. Unlike other sections of that Act, no amendment to the State
plan or matching from non-Federal sources of funds are required.
States shall review local applications for the purposes of assuring
they are not duplicative with other programs. Applications must in-
clude assurances that adult refugees who need such a program will
participate if available. Funds may be appropriated under authoriza-
tion of the already existing Adult Education Act. The committee does
not intend to divert funds appropriated for other sections of the Adult
Education Act.
12
AGENCY REPORTS
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE,
OFFICE OF THE SECRETARY,
Washington, D.C., October 6, 1975.
Hon. ALAN CRANSTON,
U.S. Senate,
Washington, D.C.
DEAR SENATOR CRANSTON I understand that the Labor and Public
Welfare Committee will soon be considering S. 2145, the Indochina
Refugee Children Assistance Act of 1975.
As you know, this Department testified on September 9 before the
Subcommittee on Education and announced our new Indochinese
Refugee Education Program which we believe makes S. 2145 unneces-
sary. A copy of that testimony is enclosed.
Our position, in brief, is that under the authority of the Indochina
Migration and Refugee Assistance Act of 1975 the Department will
make available to local school districts $300 for every refugee child
to provide supplemental services. For those heavily impacted school
districts, an additional $300 will be made available for each refugee
child a district enrolls above 100 or one percent of the total student
population.
In addition, the program will provide grants to State departments
of education for leadership and training activities. The State will
receive five percent of the total funds received by eligible school dis-
tricts within their States, over and above the total funds received by
their school districts.
Our program will provide $15 million for the 1975-76 school year.
The regulations will be published next week and the funds will begin
flowing to school districts in November.
Sincerely,
RICHARD A. HASTINGS,
Deputy Assistant Secretary
for Legislation (Education).
CHANGES IN EXISTING LAW
S. 2145, as amended, makes no changes in existing law. It does, how-
ever, in section 11, add a new section to the Adult Education Act, Pub-
lic Law 91-230 (this new section is shown below in italic).
AMENDMENT TO THE ADULT EDUCATION ACT
SEC. 11. The Adult Education Act (Public Law 91-230) is amended
by adding the following new section at the end thereof:
"EMERGENCY ADULT EDUCATION PROGRAM FOR INDOCHINA REFUGEES
"SEC. 315. (a) From the appropriations authorized for fiscal years
1976 and 1977, but not appropriated for other programs under this
title, the Commissioner shall carry out a program of making grants to
State and local education agencies for such years for the purpose of
operating special adult education programs for Indochina refugees, as
defined in section 3 of the Indochina Migration and Refugee Assist-
ance Act of 1975. Such grants may be used for-
13
(1) programs of instruction of adult refugees in basic read-
ing, mathematics, the development and enhancement of necessary
skills, and to promote literacy among refugee adults, for the pur-
pose of enabling them to become productive members of American
society;
"(2) administrative costs of planning and operating such pro-
grams of instruction;
(3) support services which meet the educational needs of adult
refugees, including but not limited to guidance and counseling
with regard to educational, career, and employment opportuni-
ties; and
"(4) specially designed educational projects which meet the
purposes of this section.
'(b) The Commissioner shall not approve an application for a
grant under this section unless (1) in case of application by a local
education agency, it has been reviewed by the respective State educa-
tion agency which shall provide assurance to the Commissioner that,
if approved by the Commissioner, the grant will not duplicate existing
and available programs of adult education which meet the special
needs of Indochina refugees, and (2) the application includes α plan
acceptable to the Commissioner which provides reasonable assurances
that adult refugees who are in need of a program are located in an
area near that State or local education agency, and would participate
in the program if available.
(c) Applications for a grant under this section shall be submitted
at such time, in such manner, and contain such information as the
Commissioner may reasonably require.
"(d) Notwithstanding the provisions of sections 305 and 307 (a),
the Commissioner shall pay all the costs of applications approved by
him under this section.".
ADDENDA
The following table contains the proposed budget for Indochinese
Refugee education programs through the end of fiscal year 1976 as
compiled by the Refugee Assistance Task Force of the Office of Edu-
cation of the Department of Health, Education, and Welfare. The
total of the estimated budget for education-related activities through
fiscal year 1976 is $24,887,000 and includes items for elementary and
secondary education, transitional assistance to LEAs and SEAs, in-
formation services, resettlement-related activities at the resettlement
camps themselves, adult education and administrative costs.
The items which have particular relevance for S. 2145 are items
numbered three and five, transitional assistance and adult basic edu-
cation assistance grants. The total proposed budget for these activi-
ties through fiscal year 1976 is $20 million, $15 million for the former
and $5 million for the latter. This compares to an authorization con-
tained in S. 2145 of $125.5 million for transitional assistance to State
and $5 million for the latter. This compares to an authorization for
adult education programs already contained in section 313(a) of the
Adult Education Act, Public Law 91-230. Under section 313(a), the
fiscal year 1976 authorization for Adult Education Programs is $175,-
000,000 and the fiscal year 1977 authorization is $200,000,000. As adult
education programs are forward funded, appropriations for both
14
these fiscal years have already been made as follows: $67,500,000 for
fiscal year 1976 and $71,500,000 for fiscal year 1977. The committee
has estimated that an additional $8,200,000 will be necessary in fiscal
year 1976 and again in fiscal year 1977 to serve these adult refugees.
Under the terms of S. 2145, the funds appropriated under this Act
could be reduced on a dollar-for-dollar basis by the sum total of funds
actually obligated or expended for the same function by the Office of
Education. Hence, the $15 million already obligated by HEW for item
No. 3 could be subtracted from the authorized total for transitional
assistance contained in S. 2145 ($125.5 million). The committee
emphasizes that funds which are subtracted in this way must be funds
that are actually obligated and not merely proposed in the Depart-
ment's budget program.
Funds obligated or actually expended for the purposes of item No. 5
in the following chart may be subtracted in the same way from the
total funds authorized by 313 (a) of the Adult Education Act for the
purpose by this Act.
The committee would also like to emphasize the discrepancy that
exists between the date for expiration of assistance to adult education
and transitional assistance in the Office of Education proposed pro-
gram and that contained in S. 2145. The administration has repeated
many times in its statements that it views its responsibility for assist-
ing State and local governments in educating resettled refugees as
essentially a 1-year obligation ending with fiscal year 1976. In fact,
the proposed budget shows that such assistance would terminate in
March of 1976-before the end of the current school year. It is the
committee's strong belief that such a program of limited duration
would not adequately serve the needs of such State or local educational
agencies in trying to facilitate the resettlement process and smooth the
transition of Indochinese refugees into American society.
PROPOSED EDUCATION BUDGET, INDOCHINESE REFUGEE PROGRAMS
Fiscal year-
Estimated
1975, 4th
1976, 1st
1976, 2d
1976, 3d
1976, 4th
total
quarter
quarter
quarter
quarter
quarter
1. Language training and cultural
orientation at reception cen-
ters
1,468,000
1,318,000
150,000
0
0
0
2. Expanded elementary, secondary
and adult education programs at
centers
2,319,000
0
2,319,000
0
0
0
3. Transitional assistance to school
district and to SEA's
15,000,000
0
0 10,000,000
5,000,000
0
4. Clearinghouse/technical assistance/
credentialing/curriculum devel-
opment
1,000,000
0
665,000
185,000
150,000
0
5. Adult basic education grants to
States
5,000,000
0
0
4,500,000
500,000
0
6. Education division administrative
costs
100,000
0
50,000
35,000
10,000
5, 000
Total
24,887,000
1,318,000
3,184,000
14,720,000
5, 660, 000
5, 000
15
REFUGEE EDUCATION BUDGET EXPLANATIONS, SEPTEMBER 24, 1975
1. Language Training and Cultural Orientation at Reception Centers
This amount reflects the current cost of reimbursable contracts for
educational services at the refugee reception centers and the obliga-
tions for language materials. Amounts obligated as of August 8, 1975
are:
Pennsylvania State Department of Education (Indiantown Gap)
$224, 217
Florida State Department of Education (Eglin)
203, 425
California State Department of Education (Pendleton)
496, 090
WestArk Community College (Fort Chaffee, Ark.)
449,280
Subtotal-centers
1, 373, 012
Materials for use at centers
94, 732
Total
1, 467, 744
2. Expanded Elementary, Secondary and Adult Education Programs
at Centers
Contracts have been negotiated to provide educational services for
elementary and secondary school age children and for adults in each
of the three reception centers. The amounts negotiated are as follows
Indiantown-Pennsylvania State Department of Education (planned
closing date Oct. 31)
$723, 993
Pendleton-California State Department of Education (planned closing
date Oct. 31)
611, 095
Chaffee-WestArk Community College (planned closing date Dec. 31)
983, 832
Total
2, 318, 920
The average cost of providing this instruction is less than $17 per
student per week.
3. Transitional Assistance to School Districts and to SEA's
HEW policy provides that each local district with between one
and 100 refugee children will be eligible to receive $300 per child and
$600 per child for enrollments of refugee children over 100 or 1 per-
cent of the district's total enrollment (whichever is less) under this
program. This estimate assumes under HEW's revised policy that
40,000 refugee children will bring a minimum of $300 each to local
school districts for a total of $12,000,000. It also assumes that an
additional $2,300,000 will be required for school districts with enroll-
ments above 100 refugee children (or 1 percent of the total school
district population). It is estimated that 100 school districts will have
an average of about 77 students above the 100 student threshold.
HEW policy also provides that an amount equal to 5 percent of the
total funds allocated to the State's eligible districts is to be set aside
for use by SEA's. Specifically, $700,000 will be available to the State
for such activities as State leadership, training, monitoring and other
technical assistance to LEA's.
16
4. Clearinghouse/Technical Assistance/Credentialing/CurriculimDe-
velopment
This amount includes $500,000 to supplement the efforts of five Bi-
lingual Centers to provide assistance to local school districts; $124,000
for continuing the Clearinghouse contract with the Center for Applied
Linguistics from January through June 30, 1976; $170,000 to provide
for the evaluation and reconstruction of the educational credentials
held by an estimated 8,500 refugees ($20.00 per credential review) ;
$45,000 to provide for English proficiency testing for adults and high
school seniors who plan to enter post secondary or post graduate pro-
grams (it is estimated that out of 21,083 refugees between the ages of
18 and 24, 3,000 may apply for such funds by reason of previous edu-
cation) ; and $161,000 for material reproduction, translation and
training.
5. Adult Basic Education Grants to States
HEW has developed a policy of making funds available to States
for Adult Basic Education for Indochinese refugees. $5,000,000 will
be made available for this purpose. These funds will be distributed to
States under an amended State Plan on the basis of the number of
refugees over 18 years of age who reside in the State. Based on the
percent of adult refugees who enrolled in the basic English courses in
the camps, it is estimated that two-thirds of the adult population will
participate, that is approximately 47,000 adults will participate, thus
$5,000,000 will make $106 available per refugee participant.
The Division of Adult Basic Education indicates that the average
annual cost of the federal government is $76 per person for adult
basic education programs. State matching has amounted to 26 percent
of the total cost even though only 10 percent matching is required, so
the total cost (Federal and State) is about $103 per person.
Regulations will require that funds can be expended only for adult
basic education for Indochinese refugees and States will be required
to report on how the money has been spent. Any funds not expended
by a State will be returned to the Federal Government.
6. Education Division Administrative Costs
Anticipated administrative costs include items such as regional
office expenses, consultant time, and travel expenses.
C
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 94-1333
INDOCHINA REFUGEE CHILDREN ASSISTANCE
ACT OF 1975
JULY 1, 1976.-Ordered to be printed
Mr. PERKINS, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany S. 2145]
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the House to the bill (S. 2145), to pro-
vide Federal financial assistance to States in order to assist local ed-
neational agencies to provide public education to Vietnamese and
Cambodian refugee children, and for other purposes, having met,
after full and free conference, have agreed to recommend and do rec-
ommend to their respective Houses as follows:
That the Senate recede from its disagreement to the amendment of
the House to the text of the bill and agree to the same with an amend-
ment as follows:
In lieu of the matter proposed to be inserted by the House amend-
ment insert the following:
That this Act may be cited as the "Indochina Refugee Children As-
sistance Act of 1976".
TITLE I-PROGRAM FOR THE 1976 FISCAL YEAR
APPLICABILITY; DEFINITIONS
SEC. 101. (a) The provisions of this title shall be applicable for
fiscal year 1976.
(b) As used in this title-
(1) The term "Commissioner" means the Commissioner of Educa-
tion.
(2) The term "elementary school" means a day or residential school
which provides elementary education, as determined under State law.
(3) The term "free public education" means education which is
provided at public expense under public supervision and direction,
and without tuition charge, and which is provided as elementary or
secondary school education in the applicable State.
57-006 O
2
(4) The term "Indochinese refugee children" means children who
are refugees within the meaning of that term as defined in section 3
of the Indochina Migration and Refugee Assistance Act of 1975.
(5) The term "average per pupil expenditure" for a State means
the aggregate current expenditures during the second fiscal year pre-
ceding the fiscal year for which the determination is made (or if
satisfactory data for that year are not available at the time of com-
putation, then during the most recent preceding fiscal year for which
satisfactory data are available) of all local educational agencies in
the State, plus any direct current expenditures by the State for the
operation of such agencies (without regard to the source of funds
from which either of such expenditures is made), divided by the ag-
gregate number of children in average daily attendance to whom such
agencies provided free public education during such preceding year.
(6) The term "current expenditures" means all expenditures for
free public education, except for (A) expenditures attributable to
fixed charges, including payments of principal and interest on short-
term and long-term debt, and payments for retirement benefits, for
insurance and judgments, for rental of land and buildings, and for
construction costs, (B) expenditures attributable to administration,
and (C) expenditures attributable to transportation or building main-
tenance.
(7) The term "local educational agency" means a public board of
education or other public authority legally constituted within a State
for either administrative control or direction of, or to perform a
service function for, public elementary or secondary schools in a city,
county, township, school district, or other political subdivision of a
State, or such combination of school districts or counties as are recog-
nized in a State as an administrative agency for its public elementary
or secondary schools. Such term also includes any other public in-
stitution or agency having administrative control and direction of a
public elementary or secondary school.
(8) The term "secondary school" means a day or residential school
which provides secondary education, as determined under State law.
(9) The term "State" includes, in addition to the several States
of the Union, the Commonwealth of Puerto Rico, the District of
Columbia, Guam, American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands.
(10) The term "State educational agency" means the State board
of education or other agency or officer primarily responsible for the
State supervision of public elementary and secondary schools, or if
there is no such officer or agency, an officer or agency designated by
the Governor or by State law.
(11) The term "elementary or secondary nonpublic schools" means
schools which comply with the compulsory education laws of the State
and which are exempt from taxation under section 501 (c) (3) of the
Internal Revenue Code.
STATE ENTITLEMENTS
SEC. 102. (a) The Commissioner shall, in accordance with the pro-
visions of this title, make payments to State educational agencies for
the fiscal year 1976 for the purposes set forth in section 103.
(b) (1) Subject to the provisions of paragraphs (2) and (3), each
State educational agency shall be entitled to receive, for the fiscal
3
year ending June 30, 1976, an amount which, in addition to any
amounts received by such agency and the local educational agencies
of such State in that fiscal year under the Indochina Migration and
Refugee Assistance Act of 1975, equals the additional expenditures,
as determined under section 103, incurred by such State and local
educational agencies in that fiscal year in providing additional basic
educational services and necessary supplementary educational serv-
ices for Indochinese refugee children.
(2) For the fiscal year ending June 30, 1976, no State educational
agency shall be entitled to receive an amount under this title, which,
when combined with any funds received by such agency and the
local educational agencies of such State in such fiscal year under the
Indochina Migration and Refugee Assistance Act of 1975, exceeds
an amount equal to the average per pupil expenditure in such State
for such fiscal year multiplied by the number of Indochinese refugee
children in such State receiving public educational services.
(3) For the purpose of this subsection, the term "State" does not
include American Samoa, the Virgin Islands, and the Trust Terri-
tory of the Pacific Islands.
(c) (1) The jurisdictions to which this subsection applies are Amer-
ican Samoa, the Virgin Islands, and the Trust Territory of the Pacific
Islands.
(2) Each jurisdiction to which this subsection applies shall be
entitled to a grant for the purposes set forth in section 103 in an
amount equal to an amount determined by the Commissioner in ac-
cordance with criteria established by him, except that the aggregate
of the amount to which such jurisdictions are so entitled for any fiscal
year shall not exceed an amount equal to 1 percentum of the ag-
gregate of the amounts to which all States are entitled under sub-
section (b) of this section for that fiscal year. If the aggregate of
the amounts, determined by the Commissioner pursuant to the pre-
ceding sentence, to be so needed for any fiscal year exceeds an amount
equal to such 1 percentum limitation, the entitlement of each such
jurisdiction shall be reduced proportionately until such aggregate
does not exceed such 1 per centum limitation.
(d) Determinations with respect to the number of Indochinese
refugee children by the Commissioner under this section for any
fiscal year shall be made, whenever actual satisfactory data are not
available, on the basis of estimates. No such determination shall oper-
ate, because of an underestimate, to deprive any State educational
agency of its entitlement to any payment (or the amount thereof),
under this section to which such agency would be entitled had such
determination been made on the basis of accurate data.
USES OF FUNDS
SEC. 103. (a) Financial assistance to State and local educational
agencies under this title shall be available only to meet the cost of
providing Indochinese refugee children-
(1) supplementary educational services necessary to enable
those children to achieve a satisfactory level of performance
including, but not limited to-
(A) English language instruction,
(B) other bilingual educational services, and
(C) special materials and supplies;
4
(2) additional basic instructional services which are directly
attributable to the presence in the school district of Indochinese
refugee children, including the cost of providing additional class-
room teachers and additional teaching materials and supplies,
but not including overhead costs, costs of construction, acquisition
or rental of space, or costs of transportation; and
(3) special inservice training for personnel who will be pro-
viding instruction described in either paragraph (1) or (2).
(b) The Commissioner shall by regulation prescribe standards for
the determination of the actual additional expenditures incurred by
State and local educational agencies in providing educational serv-
ices for Indochinese refugee children. Such standards may include-
(1) maximum incremental costs for providing basic educa-
tional services in relation to the number of additional children;
(2) maximum allowable costs for particular types of supple-
mentary educational services; and
(3) to the extent consistent with this section, categories of
programs, services, and expenditures for which funds provided
under this title may be used.
ALLOCATION OF APPROPRIATIONS
SEC. 104. (a) If the sums appropriated for the fiscal year 1976 for
making the payments provided for in this title are not sufficient to pay
in full the total amounts which State educational agencies are entitled
to receive under this title for such year, the allocations to such State
educational agencies shall be ratably reduced to the extent necessary
to bring the aggregate of such allocations within the limits of the
amount so appropriated.
(b) In the event that funds become available for making pay-
ments under this title for such fiscal year after allocations have been
made under subsection (a) for that year, the amounts reduced under
subsection (a) shall be increased on the same basis as they were
reduced.
APPLICATIONS
SEC. 105. (a) No State educational agency shall be entitled to any
payment under this title for any fiscal year unless that agency submits
an application to the Commissioner at such time, in such manner,
and containing or accompanied by such information, as the Com-
missioner may reasonably require. Each such application shall-
(1) provide that the educational programs, services, and
activities for which payments under this title are made will be
administered by or under the supervision of the agency;
(2) provide that payments under this title will be used for
purposes set forth in section 103;
(3) provide such data and assurances as the Commissioner may
prescribe-
(A) to demonstrate that the costs of the additional instruc-
tional services for which the payment will be made are the
direct result of the presence of Indochinese refugee children
and that those additional instructional services will actually
be provided to those children for the duration of the period
5
for which assistance is made available under this title; and
(B) to demonstrate that such payments are distributed be-
tween the State educational agency and the local educational
agencies within the State in proportion to the contribution to
such costs by each such agency;
(4) provide assurances that the State educational agency will
not finally disapprove in whole or in part any application for
funds received under this title without first affording the local edu-
cational agency submitting an application for such funds reason-
able notice and opportunity for a hearing;
(5) provide for making such reports as the Commissioner may
reasonably require to perform his functions under this title; and
(6) provide assurances-
(i) that to the extent consistent with the number of Indo-
chinese refugee children enrolled in the elementary or second-
ary nonpublic schools within the district served by a local
educational agency, such agency, after consultation with ap-
propriate officials of such schools, shall provide for the benefit
of these children secular, neutral, and nonideological services,
materials, and equipment necessary for the education of such
children;
(ii) that the control of funds provided under this para-
graph and title to materials, equipment, and property re-
paired, remodeled, or constructed therewith shall be in a
public agency for the uses and purposes provided in this title,
and a public agency shall administer such funds and prop-
erty; and
(iii) that the provision of services pursuant to this para-
graph shall be provided by employees of a public agency or
through contract by such public agency with a person, as-
sociation, agency, or corporation who or which, in the pro-
vision of such services, is independent of such elementary or
secondary nonpublic school and of any religious organization;
and such employment or contract shall be under the control
and supervision of such public agency, and the funds pro-
vided under this paragraph shall not be commingled with
State or local funds.
(b) The Commissioner shall approve an application which meets
the requirements of subsection (a). The Commissioner shall not finally
disapprove an application of a State educational agency except after
reasonable notice and opportunity for a hearing on the record to such
agency.
PAYMENT
SEC. 106. (a) The Commissioner shall pay to each State educa-
tional agency having an application approved under section 105 the
amount which that State is entitled to receive under section 102.
(b) The Commissioner is authorized to pay to each State educa-
tional agency amounts equal to the amounts expended by it for the
proper and efficient administration of its functions under this title,
except that the total of such payments for any fiscal year shall not
exceed 1 per centum of the amounts to which that State educational
agency is entitled to receive for that year under this title.
6
(c) If a State is prohibited by law from providing public educa-
tional services for children enrolled in elementary and secondary non-
public schools, as required by section 105 (a) (6), the Commissioner
may waive such requirement and shall arrange for the provision of
services to such children through arrangements which shall be subject
to the requirements of this title.
WITHHOLDING
SEC. 107. Whenever the Commissioner, after reasonable notice and
opportunity for a hearing to any State educational agency, finds that
there is a failure to meet the requirements of this title, the Commis-
sioner shall notify that agency that further payments will not be made
to the agency under this title, or in his discretion, that the State edu-
cational agency shall not make further payments under this title to
specified local educational agencies (whose actions cause or are in-
volved in such failure) until he is satisfied that there is no longer any
such failure to comply. Until he is 80 satisfied, no further payments
shall be made to the State educational agency under this title or pay-
ments by the State educational agency under this title shall be limited
to local educational agencies whose actions did not cause or were not
involved in the failure, as the case may be.
AUTHORIZATION OF APPROPRIATIONS
SEC. 108. There are authorized to be appropriated for fiscal year
1976 such sums as may be necessary to make payments to which State
educational agencies are entitled under this title and payments for
administration under section 106(b).
TITLE II-PROGRAM FOR THE TRANSITION PERIOD
AND THE 1977 FISCAL YEAR
APPLICABILITY; DEFINITIONS
SEC. 201. (a) The provisions of this title shall be applicable for
the period beginning July 1, 1976, and ending September 30, 1977.
(b) As used in this title-
(1) The term "Commissioner" means the Commissioner of Edu-
cation.
(2) The term "elementary school" means a day or residential
school which provides elementary education, as determined under State
law.
(3) The term "Indochinese refugee children" means children who
are refugees within the meaning of that term as defined in section 3 of
the Indochina Migration and Refugee Assistance Act of 1975.
(4) The term "local educational agency" means a public board of
education or other public authority legally constituted within a State
for either administrative control or direction of, or to perform a
service function for, public elementary or secondary schools in a city,
county, township, school district, or other political subdivision of a
State, or such combination of school districts or counties as are recog-
7
nized in a State as an administrative agency for its public elementary
or secondary schools. Such term also includes any other public insti-
tution or agency having administrative control and direction of a
public elementary or secondary school.
(5) The term "secondary school" means a day or residential school
which provides secondary education, as determined under State law.
(6) The term "State" includes, in addition to the several States of
the Union, the Commonwealth of Puerto Rico, the District of Colum-
bia, Guam, American Samoa, the Virgin Islands, and the Trust Terri-
tory of the Pacific Islands.
(7) The term "State educational agency" means the State board
of education or other agency or officer primarily responsible for the
State supervision of public elementary and secondary schools, or if
there is no such officer or agency, an officer or agency designated by
the Governor or by State law.
(8) The term "elementary or secondary nonpublic schools" means
schools which comply with the compulsory education laws of the State
and which are exempt from taxation under section 501 (c) (3) of the
Internal Revenue Code.
STATE ENTITLEMENTS
SEC. 202. (a) The Commissioner shall, in accordance with the pro-
visions of this title, make payments to State educational agencies for
the period July 1, 1976, through September 30, 1977, for the purposes
set forth in section 203.
(b) (1) Except as provided in subsection (d) of this section, the
maximum amount of the grant to which a State educational agency is
entitled under this title, for the period beginning July 1, 1976, and
ending September 30, 1977, shall be equal to the sum of-
(A) the number of Indochinese refugee children aged 5 to 17,
inclusive, receiving public educational services under the super-
vision of each local educational agency within that State during
the period for which the determination is made;
multiplied by-
(B) the lesser of-
(i) $300 for each of the first one hundred such children
who are furnished such services under the supervision of each
local educational agency within such State, or
(ii) if the number of such children equals or exceeds 1 per
centum of the total number of children enrolled in the schools
of that agency, $300 for each such child in such 1 per centrum
who is furnished such services under the supervision of each
local educational agency within such State; and
(C) $600 for each additional such child in excess of one hun-
dred such children, or in excess of such 1 per centum, as the case
may be, being furnished such services under the supervision of
that agency.
(2) For the purpose of this subsection, the term "State" does not
include American Samoa, the Virgin Islands, and the Trust Territory
of the Pacific Islands.
8
(c) (1) The jurisdictions to which this subsection applies are Ameri-
can Samoa, the Virgin Islands, and the Trust Territory of the Pacific
Islands.
(2) Each jurisdiction to which this subsection applies shall be en-
titled to a grant for the purposes set forth in section 203 in an amount
equal to an amount determined by the Commissioner in accordance
with criteria established by him, except that the aggregate of the
amount to which such jurisdictions are so entitled for any period shall
not exceed an amount equal to 1 per centum of the aggregate of the
amounts to which all States are entitled under subsection (b) of this
section for that period. If the aggregate of the amounts, determined
by the Commissioner pursuant to the preceding sentence, to be so
needed for any period exceeds an amount equal to such 1 per
centum limitation, the entitlement of each such jurisdiction shall be
reduced proportionately until such aggregate does not exceed such 1
per centum limitation.
(d) Notwithstanding any other provision of this section, no State
educational agency shall be entitled to receive a grant for any period
in excess of the amount equal to the amount to which such agency
would otherwise be entitled under this section for that period minus
the sum of the amounts received by the local educational agencies of
that State and by that State educational agency for that period under
the Indochina Migration and Refugee Assistance Act of 1975.
(e) Determinations with respect to the number of Indochinese
refugee children by the Commissioner under this section for any period
shall be made, whenever actual satisfactory data are not available, on
the basis of estimates. No such determination shall operate, because of
an underestimate, to deprive any State educational agency of its enti-
tlement to any payment (or the amount thereof), under this section to
which such agency would be entitled had such determination been
made on the basis of accurate data.
USES OF FUNDS
SEC. 203. Payments made under this title to any State may. be used
in accordance with applications approved under section 205 for public
educational services for Indochinese refugee children in the schools
of the local educational agencies of that State and in elementary and
secondary nonpublic schools of that State.
ALLOCATION OF APPROPRIATIONS
SEC. 204. (a) If the sums appropriated for the period from July 1,
1976, to September 30, 1977, for making the payments provided for
in this title are not sufficient to pay in full the total amounts which
State educational agencies are entitled to receive under this title for
such period, the allocations to such State educational agencies shall
be ratably reduced to the extent necessary to bring the aggregate of
such allocations within the limits of the amount so appropriated.
(b) In the event that funds become available for making payments
under this title for such period after allocations have been made under
9
subsection (a) for that period, the amounts reduced under subsection
(a) shall be increased on the same basis as they were reduced.
APPLICATIONS
SEC. 205. (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 Commissioner at such time, in such manner, and
containing or accompanied by such information, as the Commissioner
may reasonably require. Each such application shall-
(1) provide that the educational programs, services, and activi-
ties for which payments under this title are made will be admin-
istered by or under the supervision of the agency;
(2) provide that payments under this title will be used for
purposes set forth in section 203;
(3) provide assurances that such payments will be distributed
among local educational agencies within that State in accordance
with sections 202 (b) (1) and 202 (d) ;
(4) provide assurances that the State educational agency will
not finally disapprove in whole or in part any application for
funds received under this title without first affording the local
educational agency submitting an application for such funds
reasonable notice and opportunity for a hearing;
(5) provide for making periodic reports to the Commissioner
evaluating the effectiveness of the payments made under this title,
and such other reports as the Commissioner may reasonably re-
quire to perform his functions under this title; and
(6) provide assurances-
(i) that to the extent consistent with the number of Indo-
chinese refugee children enrolled in the elementary or sec-
ondary nonpublic schools within the district served by a local
educational agency, such agency, after consultation with ap-
propriate officials of such schools, shall provide for the benefit
of these children secular, neutral, and nonideological services,
materials, and equipment necessary for the education of such
children;
(ii) that the control of funds provided under this para-
graph and title to materials, equipment, and property re-
paired, remodeled, or constructed therewith shall be in a
public agency for the uses and purposes provided in this title,
and a public agency shall administer such funds and prop-
erty; and
(iii) that the provision of services pursuant to this para-
graph shall be provided by employees of a public agency or
through contract by such public agency with a person, asso-
ciation, agency, or corporation who or which, in the provision
of such services, is independent of such elementary or sec-
ondary nonpublic school and of any religious organization:
and such employment or contract shall be under the control
and supervision of such public agency, and the funds pro-
10
vided under this paragraph shall not be commingled with
State or local funds.
(b) The Commissioner shall approve an application which meets
the requirements of subsection (a). The Commissioner shall not finally
disapprove an application of a State educational agency except after
reasonable notice and opportunity for a hearing on the record to such
agency.
PAYMENTS
SEC. 206. (a) The Commissioner shall pay to each State educational
agency having an application approved under section 205 the amount
which that State is entitled to receive under this title.
(b) The Commissioner is authorized to pay to each State educa-
tional agency amounts equal to the amounts expended by it for the
proper and efficient administration of its functions under this title,
except that the total of such payments for any period shall not exceed
1 per centum of the amounts which that State educational agency
is entitled to receive for that period under this title.
(c) If a State is prohibited by law from providing public educa-
tional services for children enrolled in elementary and secondary
nonpublic schools, as required by section 205 (a) (6), the Commissioner
may waive such requirement and shall arrange for the provision of
services to such children through arrangements which shall be subject
to the requirements of this title.
WITHHOLDING
SEC. 207. Whenever the Commissioner, after reasonable notice and
opportunity for a hearing to any State educational agency, finds that
there is a. failure to meet the requirements of this title, the Commis-
sioner shall notify that agency that further payments will not be made
to the agency under this title, or in his discretion, that the State edu-
cational agency shall not make further payments under this title to
specified local educational agencies (whose actions cause or are in-
volved in such failure) until he is satisfied that there is no longer any
such failure to comply. Until he is so satisfied, no further payments
shall be made to the State educational agency under this title or pay-
ments by the State educational agency under this title shall be limited
to local educational agencies whose actions did not cause or were not
involved in the failure, as the case may be.
AUTHORIZATION OF APPROPRIATIONS
SEC. 208. There are authorized to be appropriated for the period
beginning July 1, 1976, and ending September 30, 1977, such sums as
may be necessary to make payments to which State educational agen-
cies are entitled under this title and payments for administration under
section 206 (b).
11
TITLE III-ADULT EDUCATION PROVISION
AMENDMENT TO THE ADULT EDUCATION ACT
SEC. 301. The Adult Education Act (Public Law 91-230) is
amended by adding the following new section at the end thereof:
"EMERGENCY ADULT EDUCATION PROGRAM FOR INDOCHINA REFUGEES
"Sec. 315. (a) From the appropriations authorized for the period
beginning July 1, 1976, and ending September 30, 1977, but not ap-
propriated for other programs under this title, the Commissioner shall
carry out a program of making grants to State and local education
agencies for such years for the purpose of operating special adult
education programs for Indochina refugees, as defined in section 3 of
the Indochina Migration and Refugee Assistance Act of 1975. Such
grants may be used for-
'(1) programs of instruction of adult refugees in basic read-
ing, mathematics, development and enhancement of necessary
skills, and promotion of literacy among refugee adults, for the pur-
pose of enabling them to become productive members of American
society;
"(2) administrative costs of planning and operating such pro-
grams of instruction;
(3) educational support services which meet the needs of
adult refugees, including but not limited to guidance and coun-
seling with regard to educational, career, and employment oppor-
tunities; and
"(4) special projects designed to operate in conjunction with
existing Federal and non-Federal programs and activities to de-
velop occupational and related skills for individuals, particularly
programs authorized under the Comprehensive Employment and
Training Act of 1973 or under the Vocational Education Act of
1963.
"(b) The Commissioner shall not approve an application for a
grant under this section unless (1) in the case of an application by a
local education agency, it has been reviewed by the respective State ed-
ucation agency which shall provide assurance to the Commissioner
that, if approved by the Commissioner, the grant will not duplicate
existing and available programs of adult education which meet the
special needs of Indochina refugees, and (2) the application includes a
plan acceptable to the Commissioner which provides reasonable assur-
ances that adult refugees who are in need of a program are located in
an area near that State or local education agency, and would partici-
pate in the program if available.
"(c) Applications for a grant under this section shall bₑ submitted
at such time, in such manner, and contain such information as the
Commissioner may reasonably require.
"(d) Notwithstanding the provisions of sections 305 and 307 (a), the
Commissioner shall pay all the costs of applications approved by him
under this section.".
12
And the House agree to the same.
That the Senate recede from its disagreement to the amendment of
the House to the title of the Senate bill and agree to the same.
CARL D. PERKINS,
WILLIAM D. FORD,
PATSY T. MINK,
LLOYD MEEDS,
SHIRLEY CHISHOLM,
WILLIAM LEHMAN,
PAUL SIMON,
TIM L. HALL,
MIKE
LEO ALPHONZO JOHN ALBERT EDWIN JAMES GEORGE ZEFERETTI, BLOUIN, BUCHANAN, G. D. MILLER, H. O'HARA, BELL, QUIE,
ESHLEMAN,
LARRY
PRESSLER,
BILL GOODLING,
JAMES M. JEFFORDS,
Managers on the Part of the House.
CLAIBORNE PELL,
JENNINGS RANDOLPH,
HARRISON A. WILLIAMS, Jr.,
EDWARD M. KENNEDY,
WALTER F. MONDALE,
ToM EAGLETON,
ALAN CRANSTON,
WILLIAM D. HATHAWAY,
J. GLENN BEALL, Jr.,
J. K. JAVITS,
DICK SCHWEIKER,
ROBERT T. STAFFORD,
ROBERT TAFT, Jr.,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE
COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the amend-
ments of the House to the bill S. 2145, to provide Federal financial
assistance to State in order to assist local educational agencies to
provide public education to Vietnamese and Cambodian refugee chil-
dren, and for other purposes, submit the following joint statement to
the House and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompany
conference report:
The House amendments to the text of the bill struck out all after
the resolving clause and inserted a substitute text. The conference re-
port recommends a substitute text for both the text of the bill and
the House amendments. Except for minor, technical, and clarifying
differences, this statement describes the actions of the conferees in
resolving differences in the bill and the amendments.
1. Definition of "Indochinese refugee children."-The Senate bill
limits the Indochinese refugee children to be assisted under this new
program to those who are receiving a free public education. The House
amendments include refugee children in both public and private
schools. The Senate recedes.
2. Definition of "current expenditures."-The House Amendments,
but not the Senate bill, limit the amount of these grants by defining
the "current expenditures" used in computing these grants to exclude
those expenditures attributable to fixed charges, administration, trans-
portation, and building maintenance. The Senate recedes on this provi-
sion as regards fiscal year 1976, and the House recedes on this provision
as regards the period beginning July 1, 1976, and ending Septem-
ber 30, 1977.
3. Definition of "nonpublic schools."-The House amendments, but
not the Senate bill, contain a definition of "nonpublic schools." The
Senate recedes.
4. Duration of the legislation.-The Senate bill authorizes grants
for two fiscal years (1976 and 1977) and for the transition quarter. The
House amendments authorize grants only for fiscal year 1976. The
House recedes, with the understanding on the part of the conferees
that the legislation shall be funded for the transition quarter and for
fiscal year 1977 only, and that no further appropriations will be sought
under the contingent extension authority of section 414 of the General
Education Provisions Act.
5. Determination of entitlements.-The Senate bill determines a
State's entitlement for funds by multiplying the number of Indo-
china refugee children in average daily attendance in public schools
within the State by the average per pupil expenditure for that State.
Each State's entitlement must, however, be reduced by the amounts
(13)
14
received within that State under the Indochina Migration and Refugee
Assistance Act of 1975.
The House amendments determine each State's entitlement as the
amount which, in addition to grants received under the Indochina
Migration and Refugee Assistance Act, equals the additional ex-
penditures (as defined by the Commissioner) incurred in providing
additional basic educational services and necessary supplementary
educational services for these children. Each State's entitlement,
however, may not exceed an amount which, when combined with any
grants under the Indochina Migration and Refugee Assistance Act,
equals the average per pupil expenditure in such State multiplied by
the number of Indochina refugee children receiving public educational
services in such State. After determining each State's entitlement
thusly, the House amendments then reduce each State's grant by the
amount of the grants received under the Indochina Migration and
Refugee Assistance Act.
The Senate recedes on this provision as regards fiscal year 1976, and
the conference agreement provides that, for the period beginning
July 1, 1976, and ending September 30, 1977, each State's entitlement
shall be an amount equal to the number of Indochinese refugee children
receiving public educational services under the supervision of a local
educational agency multiplied by $300 for the first one hundred such
children or the number equalling one percent of the total enrollment,
and $600 for each additional child.
6. Inclusion of Guam.-The House amendments, but not the Senate
bill, treat Guam as a State for purposes of grants. The Senate recedes.
7. Uses of funds.-The Senate bill authorizes the use of these funds
for educational programs for refugee children. The House amendments
state that those funds can be used to provide refugee children with
(1) supplementary education services necessary to enable those
children to achieve a satisfactory level of performance,
(2) additional basic instructional services which are directly
attributable to the presence of such children, and
(3) special in-service training for personnel who will be
providing instruction.
Under the House amendments the Commissioner must prescribe
standards for determining the actual additional expenditures incurred
in providing these educational services. Such standards may include
maximum allowable costs and the categories of programs for which
funds may be used. The Senate recedes on these provisions as regards
fiscal year 1976, and the House recedes on these provisions as regards
the period beginning July 1, 1976, and ending September 30, 1977.
8. Applications.-The Senate bill requires States to distribute funds
among local educational agencies in proportion to their numbers of
refugee children, taking into consideration per pupil expenditures and
grants under the Indochina Migration and Refugee Assistance Act.
The House amendments provide that every State must demonstrate
that the costs of additional instructional services are the direct result
of the presence of refugee children and that those services will actually
be provided to such children. The House amendments also provide
15
that payments must be distributed between the State educational
agency and local educational agencies in proportion to the contribu-
tion to such costs by each such agency. The Senate recedes on these
provisions as regards fiscal year 1976, and the House recedes on these
provisions as regards the period beginning July 1, 1976, and ending
September 30, 1977, with an amendment providing for distribution of
funds to local educational agencies according to the $300/$600 per
child formula adopted by the conference.
9. Reports.-The Senate bill requires from the States periodic re-
ports evaluating the effectiveness of payments under the Act and also
such other reports as the Commissioner may request. The House
amendments only require such reports as the Commissioner may re-
quest. The Senate recedes on this provision as regards fiscal year 1976,
and the House recedes on the provision as regards the period begin-
ning July 1, 1976, and ending September 30, 1977.
10. Participation of nonpublic school children.-The House amend-
ments, but not the Senate bill, require the participation of refugee
children enrolled in nonpublic schools in programs funded under the
Act. The Senate recedes.
11. Supplementary assistance grants.-The Senate bill, but not the
House amendments, authorizes supplementary assistance grants of
$300 a child to those State educational agencies which provide for the
unique educational needs of Indochinese refugee children in local
educational agencies. The authorization of appropriations for this
purpose is $14 million for fiscal year 1976, $3.75 million for the transi-
tion quarter, and $7.25 million for fiscal year 1977. The Senate recedes.
12. "By-pass" provision for nonpublic school children.-The House
amendments, but not the Senate bill, contain a "by-pass" provision for
the participation of nonpublic school children. The Senate recedes.
13. Authorization of appropriations.-The Senate bill authorizes
the appropriation of $57 million for fiscal year 1976, $14.5 million for
the transition quarter, and $29 million for fiscal year 1977 for the
basic grants and the State administrative grants. The House amend-
ments authorize such sums as may be necessary for both purposes for
fiscal year 1976. The conference agreement authorizes such sums as
may be necessary for fiscal year 1976 and for the period beginning
July 1, 1976, and ending September 30, 1977.
14. Emergency adult education program for Indochina refugees.-
The Senate bill authorizes appropriations for programs for adult
Indochina refugees from the remainder of any unappropriated por-
tions of the authorization of the Adult Education Act. These grants
would be used for programs of instruction of adult refugees in read-
ing and mathematics, the administrative costs of planning and oper-
ating such programs. support services to meet the educational needs
of adult refugees. and specially designed education projects. The con-
ference agreements authorizes the use of Adult Education Act funds
for these emergency programs for the period beginning July 1, 1976,
and ending Sentember 30. 1977, and clarifies that the support services
shall be educational and the special projects shall be those designed to
operate in conjunction with existing Federal and non-Federal pro-
grams and activities to develop occupational and related skills.
16
15. Title.-The House amendments amend the title of the Act to
delete the word "public" before the word "education." The Senate
recedes.
CARL D. PERKINS,
WILLIAM D. FORD,
PATSY T. MINK,
LLOYD MEEDS,
SHIRLEY CHISHOLM,
WILLIAM LEHMAN,
PAUL SIMON,
TIM L. HALL,
MIKE BLOUIN,
JAMES G. O'HARA,
LEO ZEFERETTI,
GEORGE MILLER,
ALBERT H. QUIE,
ALPHONZO BELL,
EDWIN D. ESHLEMAN,
JOHN BUCHANAN,
LARRY PRESSLER,
BILL GOODLING,
JAMES M. JEFFORDS,
Managers on the Part of the IIouse.
CLAIBORNE PELL,
JENNINGS RANDOLPH,
HARRISON A. WILLIAMS, Jr.,
EDWARD M. KENNEDY,
WALTER F. MONDALE,
ToM EAGLETON,
ALAN CRANSTON,
WILLIAM D. HATHAWAY,
J. GLENN BEALL. Jr.,
J.K. JAVITS,
DICK SCHWEIKER,
ROBERT T. STAFFORD,
ROBERT TAFT, Jr.,
Managers on the Part of the Senate.
O
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-719
INDOCHINA REFUGEE CHILDREN ASSISTANCE ACT
OF 1975
DECEMBER 12, 1975.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. PERKINS, from the Committee on Education and Labor,
submitted the following
REPORT
[To accompany H.R. 7897]
together with
DISSENTING VIEWS
The Committee on Education and Labor, to whom was referred the
bill (H.R. 7897) to authorize funds for assistance to local educational
agencies for the education of Cambodian and Vietnamese refugees,
and for other purposes, having considered the same, report favorably
thereon with amendments and recommend that the bill as amended
do pass.
The amendment to the text of the bill is a complete substitute there-
for and appears in italic type in the reported bill.
The title of the bill is amended to reflect the amendment to the text
of the bill.
SUMMARY OF THE BILL
H.R. 7897, as reported by the committee, authorizes grants to State
educational agencies for the purpose of reimbursing State and local
educational agencies for the costs of providing a regular education
program for Indochinese refugee children. Each State's maximum
grant is computed by multiplying the number of Indochinese refugee
children attending elementary and secondary schools within the State
by the State's average per pupil expenditure (exclusive of costs attrib-
utable to administration and fixed charges). This maximum grant,
however, must be reduced by the amount received by local educational
agencies in the State under the Indochinese Migration and Refugee
Assistance Act of 1975. For fiscal year 1976 and for the transition
quarter, each State's entitlement would be 100 percent of this reduced
amount; but for fiscal 1977, each State's entitlement would only be
50 percent of this amount.
*57-006
2
For fiscal year 1976, for the transition period to the new fiscal year,
and for fiscal year 1977, such sums as may be necessary are authorized
to be appropriated for these grants and for grants to the States for
related administration.
The reported bill also authorizes grants to State educational agencies
for any administration connected with grants made under this bill.
No such grant to any State, however, can exceed 1 percent of the
amount of the grant entitlement of that State under this act.
COMMITTEE CONSIDERATION
H.R. 7897 was introduced on June 13, 1975, by Congressman Roybal
with 20 cosponsors. The Subcommittee on Elementary, Secondary, and
Vocational Education conducted a hearing on H.R. 7897 on Novem-
ber 5, 1975, at which testimony was received from Congressmen
Hannaford and Mineta, representatives of the Department of Health,
Education, and Welfare (Hon. Terrel H. Bell, Commissioner of Edu-
cation; Ms. Julia Vadala Taft, Director, Interagency Task Force for
Indochina; Dr. Lee E. Wickline, Director of Refugee Assistance Task
Force; and Mr. Richard H. Hastings, Deputy Assistant Secretary for
Legislation), and a panel of educators from California (Dr. Donald
McKinley, State chief deputy superintendent; Mr. Don White, State
deputy superintendent for congressional relations; and Mr. David W.
Gordon, executive assistant to the State chief deputy superintendent).
Also testifying was Dr. Joseph Cronin, the superintendent of schools
for the State of Illinois; Mr. James R. Kirkpatrick, associate secretary
for the American Association of School Administrators; and Dr. Au-
gust Steinhilber, assistant executive director of the Office of Federal
Relations of the National School Boards Association. All the wit-
nesses, except for the departmental representatives, supported the
legislation.
The Subcommittee on Elementary, Secondary, and Vocational Edu-
cation reported an amendment in the nature of a substitute for the
original text of H.R. 7897 on November 13th by a vote of 13 to 6. The
subcommittee's substitute closely parallels S. 2145, the version of the
legislation which was passed by the Senate on October 29th.
The full Committee on Education and Labor considered the sub-
committee's reported bill on December 9. The committee amended
that bill and reported it to the House by a vote of 26 yes, 8 no, and 1
present.
NEED FOR LEGISLATION
In order to understand the need for this legislation it is necessary to
review the origins of the recent immigration into the United States of
tens of thousands of refugees from South Vietnam and Cambodia.
In April of 1975 the President authorized, as a result of the tragedy
in Vietnam, the admission to the United States of some 130,000 Viet-
namese and Khmer (Cambodian) refugees, an action subsequently
approved by the Congress. On April 18 the President drew together
the civilian agencies of the Federal Government into an Inter-Agency
Task Force to administer a refugee resettlement program within the
United States and to third countries, in cooperation with individuals
and volunteer agencies.
3
From the beginning, the Federal Government's intent to alleviate
adverse State and local impact seemed clear. On May 3, 1975, Ambas-
sador L. Dean Brown cabled U.S. Governors with details of the
resettlement program, and his message said in part:
We believe the social and economic impact will be mini-
mal
*
* * State and local authorities will suffer no direct
fiscal hardship and little indirect hardship from the influx.
To fulfill this promise of no State or local hardship the Adminis-
tration proposed to Congress the enactment of an Indochina Migra-
tion and Refugee Assistance Act of 1975. In describing that bill before
the Senate Foreign Relations Committee on May 12, the Administra-
tion's representative, Ambassador Brown testified as follows:
Every effort will be made to ensure the resettlement to the
extent possible will not be concentrated in a few enclaves in
the country and will not result in economic or social service
hardship. The Department for HEW, subject to Congres-
sional action on the Administration's bill, will provide full
reimbursement to State and local social service and health
agencies for costs they may incur in providing income assist-
ance, health maintenance, social services and educational serv-
ices to refugees who are in need of such assistance. [Emphasis
supplied.]
The administration's intent seemed clear that full assistance would
be provided for the education of these refugees under its proposed act.
The congressional intent when the act was being considered also seemed
clear that there would be full reimbursement for the education of these
refugees.
In Senate floor debate on the bill S. 1661, Senator Sparkman, chair-
man of the Foreign Relations Committee of the Senate, noted that
the committee was "very much aware of the potential refugee impact
on schools" and cited language in the committee report that-
The committee anticipates that HEW will develop proce-
dures to ensure that local communities will not be adversely
affected by the resettlement of refugees.
During the House consideration of this legislation on May 14, 1975,
Congressman Norman Mineta asked Congressman Otto Passman,
chairman of the Subcommittee on Foreign Operations Appropriations
"whether it is the intent of Congress that the Federal Government
would retain 100 percent of the costs of relocation, health, education,
welfare and employment in terms of the costs of the refugees." Chair-
man Passman's response was unequivocal: "That is absolutely right."
Therefore, schools had little or no reason to suspect that local or
State educational agencies would not receive full payment for these
children the same as other agencies providing services to them. The
Federal Government had made clear its intention to pay for the reloca-
tion and education of these refugees.
It must also be recognized that school budgets are finalized in early
spring. Enrollment projects are set, teachers and other personnel hired,
and curriculum materials purchased. For most schools, having made
their financial commitments about a month in advance of the
4
announced Federal refugee acceptance and relocational policy, budget
revisions to accommodate an unknown quantity of refugee children-
with special educational needs costing additional dollars-was not
feasible. There was no practical way to rework budgets and raise addi-
tional revenues.
The financial dilemma for schools was compounded by the numbers
of refugees and the speed with which the immigration was accom-
plished. In the words of Ambassador Brown:
***
we are faced with a situation of unprecedented
dimensions. Never before have we been called upon to absorb
as large an influx in SO short a period of time. * * We
do
not have the cushion which camps for displaced persons in
Europe provided or the flexibility which the gradual arrival
of Cubans over a period of several years afforded us.
Schools, therefore, reacted with understandable dismay when then-
HEW Secretary Caspar W. Weinberger, meeting with media repre-
sentatives on June 5, seemed to reverse the Department's position and
said "we will not follow refugees into the various home communities
and pay for services rendered by the community." Secretary Wein-
berger said also on that date that only about $2 million of the $405
million appropriated by Congress for the Indochina Migration and
Refugee Assistance Act could be used to reimburse educational
expenses and only then where there was "a very large impact on a
small school district." Subsequently, HEW announced that a one-time
payment of $300 per refugee child would be made to school districts
enrolling 100 refugee students, or 1 percent of their total enrollment,
whichever was less. Guidelines for the policy, however, were not pub-
lished and schools received no word as to how the payment policy
would be carried out.
As a consequence of this breach of faith by the administration,
H.R. 7897 was introduced by Congressman Roybal on June 13, and
a companion Senate bill, S. 2145, was introduced by Senators Cranston
and Tunney on July 21, 1975. On September 9, at a hearing of the
Senate Subcommittee on Education on S. 2145, HEW officials an-
nounced a new policy wherein districts enrolling 1 to 100 refugee
children would receive a one-time payment of $300 per refugee child;
and the Department would pay $600 for each refugee child the-district
enrolls above 100, or 1 percent of the total student population, which-
ever is less. The Department announced it would provide grants to
State educational agencies equal to 5 percent of the total funds received
by school districts within the State, such moneys to be used for leader-
ship and training activities.
The committee is pleased to note that HEW has recognized that
it bears a greater responsibility for the education of these refugee
children than it had previously acknowledged. However, we do not
believe that the Department's new policy fulfills the administration's
promises to pay for the cost of the education of these children. Nor
does it carry out the congressional intent regarding payments for these
children as expressed during the Senate and House consideration of
the Indochina Migration and Refugee Assistance Act.
In particular, the committee finds the Department's latest policy
to be deficient in fulfilling the Federal obligation for these children
in the following regards:
5
(1) The amounts proposed in the administration's program are
simply inadequate to pay for the cost of providing an education
for these children. Since the national average per pupil expendi-
ture was $1,255 for this past school year, the administration's
proposal to pay $300 for every child will mean that States and
local school districts will have to assume three-fourths of these
costs. If a school district has a heavy impact of these children and
receives $600 a child, it will still have to pay for one-half of the
cost of their education.
(2) Even if the payments under the administration's program
are used by local school districts to pay part of the cost of pro-
viding a regular education to refugee children, school districts
will need additional funds in order to provide the extra services
which will be needed by these children. Almost 70 percent of the
Indochinese refugees in this country have no English language
skill, and an additional 17.4 percent of these refugees have only
some English language skill. This means that school districts will
have. to provide bilingual education and related services in order
to ease the transition of these children into the regular education
program.
(3) The administration's proposal is also deficient in that it
provides for a 1-year only grant. The costs of educating these
children should be phased into State and local budgets over at
least a 2-year period of time.
(4) The administration's proposal pays less to school districts
with fewer children even though the costs of beginning a program
to meet the needs of fewer children are often many times greater
than the costs of meeting the needs of a larger number of students.
DISCUSSION OF THE BILL AS REPORTED
H.R. 7897, as reported by the committee, authorizes grants for the
education of Indochinese refugee children and for the administration
of programs related to their education.
REGULAR EDUCATION GRANTS
The bill, as reported, authorizes the Commissioner of Education to
make grants to State educational agencies for fiscal years 1976 and
1977 for reimbursing these agencies and local school districts for the
costs of providing regular education programs for Indochinese refugee
children.
The amounts of these grants are determined by multiplying the
number of Indochinese refugee children in elementary and secondary
schools in each State by the average per pupil expenditure for that
State. Each State's entitlement, however, is reduced by the amount
that school districts within the State have received for education under
the Indochina Migration and Refugee Assistance Act of 1975. For
fiscal year 1976 and for the transition quarter, the amount derived at
after the calculations in the preceding two sentences would be the
State's maximum grant amount. For fiscal year 1977, the State's maxi-
mum grant could only be 50 percent of this computation.
The bill defines the average per pupil expenditure to be used in
making these calculations as all current expenditures within the State
6
for providing free public education except for those expenditures
attributable to fixed charges and administration. The committee ex-
cluded those two particular costs of providing an education in order to
exclude from the Federal grant costs which a school district would be
incurring regardless of the presence of these refugee children. In the
1973-74 school year fixed charges (which include payments on loans
and payments for retirement benefits) amounted to 11.5 percent of total
current expenditures for education. Costs for administration amounted
to 3.6 percent.
Guam and the Commonwealth of Puerto Rico are treated as States
for purposes of determining grants. The other outlying areas will
receive grants under a 1-percent setaside of funds.
Once a State educational agency receives its grant, it can retain an
amount at the State level which equals the amount the State educa-
tional agency has provided for the education of these children. The
remainder of the grant must be distributed to local school districts
on the basis of their per pupil expenditures and on the basis of the
number of refugee children in schools in the district. Each grant to a
local school district, however, must be reduced by the amount which
that school district has received for education under the Indochina
Migration and Refugee Act.
The process of reducing these grants to local school districts by the
amounts received under the Indochina Act is not meant to result in
any funds received by a State under this act being turned back to the
Federal Government. Rather, it is meant to be solely a process whereby
a school district is foreclosed from receiving double payments for the
same children. All the funds received by a State under this act are
meant to be used within that State for education.
Payments under this act for these grants must be used for reim-
bursing State and local agencies for providing a regular education
program for these children. To the extent consistent with the number
of such children enrolled in nonpublic schools, the public school dis-
trict must provide for the benefit of these children secular, neutral,
and nonideological services, materials, and equipment from these
funds.
SUPPLEMENTARY ASSISTANCE GRANTS
The Senate version of this legislation, as well as the subcommittee
reported bill, included authorizations for supplementary assistance
grants. These grants were meant to be used for additional costs in
educating refugee children, such as bilingual education and tutorial
assistance.
The committee's reported bill deletes these authorizations since it
was felt that they would be redundant due to the existence of the
administration's program for these purposes for fiscal year 1976.
ADMINISTRATION GRANTS
The bill also authorizes grants to State educational agencies for the
purpose of paying for the administration related to the regular edu-
cation grants. No grant to any State educational agency may exceed
1 percent of the amounts to which that agency is otherwise entitled
under this bill.
7
OVERSIGHT
No oversight findings have been presented to the committee by the
Committee on Government Operations. The committee's own findings
as regards the administration's proposed program for the education
of Indochinese refugee children are contained in the section above on
the need for the legislation.
INFLATIONARY IMPACT
Since the total costs of the bill for the transition quarter and for 2
fiscal years is only approximately $56.7 million, the committee antici-
pates minimal inflationary impact. The authorization for fiscal 1976
will amount to only 0.0101 percent of the total Federal budget. This
amount will also equal only 0.0025 percent of the gross national
product.
A comparable comparison for fiscal 1977 would be that the author-
ization for 1977 would amount to only a 0.0050 percent of the esti-
mated total Federal budget for 1977 and only 0.0011 percent of the
estimated gross national product.
COSTS
The Committee has received cost estimates on H.R. 7897 as reported
both from the Administration and from the Congressional Budget
Office. The Committee adopts the estimates supplied by the Congres-
sional Budget Office in fulfillment of the requirements of clause 7 of
rule 13.
The CBO and the Administration estimates follow
CONGRESSIONAL BUDGET OFFICE-COST ESTIMATE
1. Bill Number: H.R. 7897
2. Bill Title: Indochina Refugee Children Assistance Act of 1975
3. Purpose of Bill: To provide funds to any state for educational
purposes, services, and activities for Indochinese refugee children in
the schools of the local educational agencies of that State, or in the
elementary or secondary nonpublic schools of that State. This bill is an
authorization and does not directly provide budget authority. The au-
thorization is for fiscal year 1976 and fiscal year 1977.
4. Budget Impact:
Authorization amount :
Millions
Fiscal year 1976
$26. 9
Transition quarter
6.7
Fiscal year 1977
23. 1
5. Basis for Estimate: Using data compiled by the Congressional
Research Service on average per pupil expenditures, minus fixed
charges and administration, the basic entitlement level ($41.1 million)
of this bill was established. As specified in the bill, FY 1974 data was
used to compute the FY 76 entitlement level. The transition quarter
estimate was assumed to be 25 percent of the FY 76 cost. An inflation
factor of 10 percent, which corresponds to that inflation which was
experienced in recent years on average per pupil expenditures, was
8
used to compute the FY 77 entitlement level. In addition to the basic
grant entitlement level for the 50 states, plus the District of Columbia
and Puerto Rico, for FY 76, 1 percent ($.4 million) was added for
grants to outlying areas in accordance with section 3, and an addi-
tional 1 percent ($.4 million) was added for administration in accord-
ance with section 8. From this subtotal of $41.9 million, we subtracted
$15 million as the amount of estimated payments to be provided under
P.L. 94-23 (only in FY 76) as specified under section 3 (b). These
procedures yield a resulting estimate of $26.9 million.
6. Estimate Comparison:
HEW estimate:
Fiscal year 1976
$30. 1
Transition quarter
11. 3
Fiscal year 1977
23. 4
CBO estimate:
Fiscal year 1976
26. 9
Transition quarter
6.7
Fiscal year 1977
23. 1
The estimates by the Department of Health, Education, and Wel-
fare and the CBO are reasonably consistent, both in terms of method-
ology and results. The differences that do exist are primarily attribut-
able to the fact that HEW used national data in developing its
estimates, while CBO used State data.
7. Previous CBO Estimate: No pervious estimate.
8. Estimate Prepared by: Jeffrey J. Koshel (225-4972).
9. Estimate Approved by:
JAMES L. BLUM,
Assistant Director for Budget Analysis.
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
COST ESTIMATES, H.R. 7897 (AMENDED DEC. 9, 1975), AS REPORTED
Fiscal year
transition period
July 1, te
Fiscal year 1976
Sept. 30, 1976
Fiscal year 1977'
Grants authorized in sec. 3
$44,640,110
$11,160,027
$23,207,679
Grants to SEA's authorized under sec. 8(b)
446, 401
111,600
232,077
Subtotal
45,086,511
11,271,627
23,439,756
Less the amount granted under Public Law 94-23 as provided in
sec. 3(b)
15,000,000
Total estimated cost
30,086,511
11,271,627
23,439,756
ADMINISTRATION'S VIEWS
The Committee has received the following letter from the Secretary
of Health, Education, and Welfare on H.R. 7897.
Hon. CARL D. PERKINS,
Chairman, Committee on Education and Labor, U.S. House of Repre-
sentatives, Washington, D.C.
DEAR MR. CHAIRMAN: As the House Committee on Education and
Labor prepares to vote on H.R. 7897, the "Indichina Refugee Children
9
Assistance Act of 1975," I would like to share with you the Admin-
istration's position on this measure.
Basically, we oppose H.R. 7897, not because we do not believe that
a legitimate need for educational financial assistance for Indochinese
refugees exists, but rather because we believe that the Federal govern-
ment has taken steps to provide appropriate assistance to State and
local educational agencies.
Under the authority of the Indochina Migration and Refugee Assist-
ance Act of 1975, the Department is currently offering the following
educational assistance to Indochina refugees:
I. For School Age Children
(a) $300 is being paid to local school districts for every refugee child
in order to provide supplemental services.
(b) An additional $300 per refugee child above a certain threshold
is being paid to heavily impacted districts.
(c) Grants will be given to State educational agencies for related
leadership and training activities.
Regulations for this program were published in the Federal Register
on October 10 and the U.S. Office of Education has begun making
payments to school districts.
II. For Adults
Grants are being made to State educational agencies to offer English
instruction to adult refugees under the Adult Education Program.
Regulations for this program were published in the Federal Register
on October 22 and funds will be distributed to the States beginning
this month.
It is estimated that the Department's total refugee educational pro-
gram will cost $20 million, as contrasted to the $100.5 million recom-
mended in H.R. 7897. We believe that our program is far more realistic,
both with respect to resources available in the present Federal budget
and with respect to the actual need.
We need to remember that we are adding only 40,000 Indochinese
children to an American school system of nearly 45 million students,
an addition of less than 1/10 of 1% of the total student population.
The $20 million we propose to spend on educational programs for
Indochinese refugee children and adults should be sufficient to meet
the one-time supplemental needs created by this small addition.
Finally, we would note that H.R. 7897 would make payments to edu-
cational agencies equal to the current annual average per pupil ex-
penditure in local school districts. This level of support would estab-
lish a standard of Federal assistance far more generous than that
available to other categories of students in need of assistance, thus
raising major issues of equity. We believe that the responsibility for
providing the basic educational costs should be borne by State and
local governments, which is their historic role.
We are advised by the Office of Management and Budget that there
is no objection to the presentation of this report from the standpoint
of the Administration's program.
Cordially,
DAVID MATTHEWS,
Secretary.
10
SECTION-BY-SECTION ANALYSIS
Section 1
This bill is titled the "Indochina Refugee Children Assistance Act
of 1975."
Section 2
Definitions are contained in this section for the terms used in the act.
The term "current expenditures" is defined as all current expendi-
tures for free public education except for those expenditures attributa-
ble to fixed charges and administration.
Section 3
Each State educational agency is entitled under this section to a
grant for fiscal year 1976 and to another grant for fiscal year 1977.
The amount of this grant is determined by multiplying the number of
Indochina refugee children, aged 5 to 17, attending school within the
State by the average per pupil expenditure of that State. Each State's
entitlement is reduced in direct proportion to the amount received in
that State in grants for education under the Indochina Migration
and Refugee Assistance Act of 1975.
The outlying areas are entitled to grants equal to 1 percent of all
the States' entitlements. Guam and the Commonwealth of Puerto Rico,
however, are treated as regular States.
Section 4
Grants under section 3 are to be used for reimbursing States and
local school districts for the basic expenses involved in educating these
children.
Section 5
Each State's grant is ratably reduced if appropriations are not
adequate.
Section 6.
Each State's grant is divided between the State educational agency
and local school districts in proportion to the extent that State and
local funds are used to support the education of these children. The
amount of the State's grant for local school districts is distributed
among such districts in proportion to the number of such children
in schools in each such local school district and in proportion to the per
pupil expenditure of each such district. However, each local school
district's grant is reduced by the amount received by that district for
education under the Indochina Migration and Refugee Assistant Act.
These funds are to be used by the State and by local school districts
for reimbursing their costs in providing a regular education for these
children. Local school districts are also to provide secular, neutral, and
nonideological services for children in private schools to the extent
consistent with the number of Indochina refugee children enrolled in
such schools.
Section 7
Each State is also authorized to receive a grant for the adminis-
trative purposes involved in operating these programs. No State's
11
grant for this purpose, however, may exceed 1 percent of the regular
entitlements under the act.
Section 8
The Commissioner is authorized to withhold payments if the terms
of the act are not being complied with after giving notice and an
opportunity for a hearing.
Section 9
For the purpose of making grants under section 3 and for the
purpose of making State administrative grants, there are authorized
to be appropriated for fiscal 1976, for the transition period, and for
fiscal 1977 such sums as may be necessary.
Title
The title of the bill is amended to reflect the committee's amendment
in the nature of a substitute.
DISSENTING VIEWS ON H.R. 7897-THE INDOCHINA
REFUGEE CHILDREN ASSISTANCE ACT OF 1975
The legislation reported by the Committee is the worst example of
a rip-off in education at the Federal government's expense that we
have ever seen. To date there has been a sound rationale for the pas-
sage of virtually every educational program since impact aid. The bill
before us now defies rational explanation.
The bill reported by the Subcommittee on Elementary, Secondary
and Vocational Education was SO outlandish, and the majority of the
'Committee was so embarrassed at its size and the lavishness of the
grants that it would have provided to local school districts, that the
Committee sponsors of the legislation offered their own amendments
to modestly pare down the size of the bill.
Prior to that action, the bill would have enabled a school district
located in a state which has an expenditure level of $1,255 per student,
which is the national average, to receive some $1,555 for every refugee
child enrolled. The amendment offered in the Committee struck the
section of the bill which provided for supplemental grants of $300
per child and redefined current expenditure to remove a small portion
of the costs which the school district would not incur in any event with
respect to the presence of these children.
As the bill before the House now stands, a school district located
in a state with the average national cost would receive $1,066 per child.
This is equivalent to 85 percent of the per-pupil cost. The 15 percent
which is not taken into account is attributable to some administrative
costs and fixed charges relating to bond indebtedness and school con-
struction. The bill, however, is still a colossal rip-off. No district would
have to prove it had expended a single dollar on the education of Indo-
china refugee children. We have no objection to actually reimbursing
districts for the extra costs they incur, up to a reasonable maximum.
What we strongly object to is that a district can enroll these students,
receive a sizable sum under the Committee-reported bill and then
not have to use one cent of that money for the extra expenses which
might be required by the presence of these refugee children.
In many school districts, it is our belief that there would not be
any significant additional costs. A number of these students either
came to this country with some English language facility or received
English instruction in the resettlement centers located in California,
Arkansas, Pennsylvania, and Florida. Since the refugees are SO widely
dispersed, it is clear that no district will have to build additional build-
ings. We know of no instances where districts will have to purchase
new buses, or hire new maintenance staff, or contract for more heating
fuel. There are certainly instances where some additional assistance
may be offered in terms of providing classes in English as a second
language or in purchasing some materials which would be of particu-
lar assistance to these students. These are legitimate costs, and districts
should receive assistance in meeting those costs during this school year.
(13)
14
Under provisions of the Indochina Migration and Refugee Assist-
ance Act, passed by the Congress last May, the Congress has made
available $405 million to assist in, among other things, the resettle-
ment of the refugees who came to this country last spring. HEW,
under general authority of that act, has begun to provide $300 for
every Indochina refugee child enrolled in any school district in the
country. School districts enrolling a number of refugee children equiv-
alent to 1 percent of their enrollment or one hundred or more stu-
dents are receiving $600 for every child in excess of the one hundred or
1 percent.
If a district does not meet the 1 percent or one hundred refugee
student criteria, that district would receive $9,000 for thirty refugee
children. If the district exceeds the one hundred or 1 percent, it would
receive additional funds, perhaps as much as $13-14,000, for those
thirty refugee children. Under the Committee-passed bill, a district
with that same group of thirty refugee children would receive $37,650
if it were located in a state with the average national cost of $1,255 per
child. High-cost states such as New York or Alaska would receive sig-
nificantly more in reimbursement, and lower-cost states would be pro-
portionately reduced.
If we assume that a teacher in our average state receives $12,000 and
a teacher aid $6,000, and that a generous $2,000 is spent for extra mate-
rials and supplies, then we find that district would spend perhaps
$20,000 for the extra instructional programs associated with those
thirty refugee children. This district would have no additional costs
of any consequence besides those listed since the building is there, the
supportive staff is there, and none of the overhead costs would be in-
creased. We now find that in this average district the school district
would be overpaid by about $17,650. In other words, it would receive
46 percent more from the Federal government than the actual added
costs attributable to those children. Using the example of thirty chil-
dren in a school district, it should be borne in mind that not all of them
will be in one classroom, SO that additional regular teachers will, in
practically every case, not be required. The information available
shows that that average school building has fewer than eleven such
students.
In November, the U.S. Commissioner of Education was asked to
survey school districts with respect to the actual costs they were in-
curring through the presence of these refugee children. The Commis-
sioner contacted sixteen districts around the country representing
schools in California, Kentucky, Louisiana, Michigan, Minnesota, Ne-
braska, and Pennsylvania. The Commissioner found that these dis-
tricts were actually spending $485 per refugee child for instruction
and an additional $48 for materials. These costs total $533 per child.
Under the Committee-passed bill, a school in a state with the average
national per-pupil expenditure of $1,255 would receive exactly double
that, or $1,066 for every child.
The Commissioner's survey also demonstrates vividly the fact that
few districts and few schools have been heavily impacted through the
presence of these children. Approximately 80 percent of the school dis-
tricts enroll fewer than twenty-one children per district. Within those
districts six out of seven school buildings have fewer than eleven chil-
dren. The chart below illustrates the dispersion of the refugee children
in the sixteen surveyed districts:
ENROLLMENTS OF INDOCHINESE REFUGEE CHILDREN IN 16 SELECTED SCHOOL DISTRICTS
Number of
Number of
Numner of Number of schools enrolling refugee children by enrollment category, category by number
Total
refugees
schools in
schools
of children enrolled
school
enrolled
district
enrolling
State and name of district
enrollment
refugees
0-10
11-20
21-30
31-40
41-50
51-60
61-70
71-80
81-90
91-100
California:
Los Angeles Unified
608,998
1,134
629
224
200
16
6
1
1
Grossmont Union
21, 848
49
11
5
4
1
Kentucky: McLean County
2,100
5
5
1
1
Louisiana:
Jefferson Parish
70, 000
223
82
20
16
1
1
1
1
New Orleans
94, 808
276
135
20
14
2
3
1
Lafayette
59, 340
28
33
12
22
Michigan:
Grand Rapids t
32,000
164
65
7
2
2
3
15
Holland
5, 000
3
13
1
1
Minnesota:
St. Paul ISD No. 625 ²
42, 857
100
69
1
1
Goodhue County ISD No. 252
17,000
11
4
1
1
Wanamingo ISD No. 258
472
9
1
1
1
Nebraska:
Gibbin Public Schools
630
10
1
1
1
Snyder Public Schools
153
1
1
1
1
Pennsylvania:
City of York
8, 501
11
11
3
Lewisburg Area School District
2, 400
15
6
4
4
Central York School District
4, 200
7
10
3
3
Total
969, 587
2,087
1, 076
305
264
20
9
7
0
1
0
2
1
1
1 Grand Rapids has set up bilingual centers in 5 schools.
2 All refugee children are bused to 1 TESOL center.
16
When considering this legislation, Members should keep in mind
some additional facts:
1. Data from the Center for Applied Linguistics indicates that
about 20 percent of all refugees have either good or very good English
skills.
2. A survey done by the State Department Refugee Task Force in
November shows that 60 percent of all refugee adults are employed.
Considering the fact that these people have been in this country for
only about six months, that is a remarkable record. Each of these em-
ployed adults is, of course, paying income taxes, sales taxes, and other
taxes which contribute to the support of government. In addition, all
of the refugees are living in homes or apartments where either they
or someone else is paying a property tax which assists in the support of
the local schools.
3. Supporters of this legislation claim that the Administration
promised that they would assume all costs. In point of fact, the only
reference to this issue in the House Judiciary Committee hearings
is a May statement by Mr. Julia V. Taft, director of the HEW task
force, who said, "If there are only a couple or ten children in one
school system, we do not feel that that would require a special per-pupil
impact aid provision." That same statement is repeated in the judiciary
Committee's report on the Indochina Migration and Refugee Assist-
ance Act. That is the only mention of the issue made in that report.
4. Of the funds which might be available if the bill becomes law and
an appropriation follows, it should be noted that California will re-
ceive approximately 25 percent of the dollars available. With few
exceptions no other state will receive more than 5 percent. This nation
has absorbed approximately 400,000 legal immigrants and countless
illegal aliens each year without specific recompense to school districts
for providing for the needs of the children involved. The total number
of Indochina refugees is about 130,000, about one-third of our average
national in-migration.
The Federal government has already recognized its unique role with
respect to Indochina refugee children by providing districts with a fair
sum in return for their extra costs. We will support an amendment
which will provide for any additional extra costs which districts can
prove thev have undertaken. We do not believe that fairness nor the
policies of good government require anything further.
JOHN M. ASHBROOK.
WILLIAM "BILL" CLAY.
EDWIN D. ESHLEMAN.
JAMES M. JEFFORDS.
ALBERT H. QUIE.
SHIRLEY CHISHOLM.
JOHN N. ERLENBORN.
BILL GOODLING.
RONALD M. MOTTL.
RON SARASIN.
C
LIBRARY
S. 2145
Ainety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
To provide Federal financial assistance to States in order to assist local educa-
tional agencies to provide education to Vietnamese and Cambodian refugee
children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Indochina Refugee Children Assistance Act of 1976".
TITLE I-PROGRAM FOR THE 1976 FISCAL YEAR
APPLICABILITY; DEFINITIONS
SEC. 101. (a) The provisions of this title shall be applicable for
fiscal year 1976.
(b) As used in this title-
(1) The term "Commissioner" means the Commissioner of
Education.
(2) The term "elementary school" means a day or residential school
which provides elementary education, as determined under State law.
(3) The term "free public education" means education which is
provided at public expense under public supervision and direction,
and without tuition charge, and which is provided as elementary or
secondary school education in the applicable State.
(4) The term "Indochinese refugee children" means children who
are refugees within the meaning of that term as defined in section 3
of the Indochina Migration and Refugee Assistance Act of 1975.
(5) The term "average per pupil expenditure" for a State means
the aggregate current expenditures during the second fiscal year pre-
ceding the fiscal year for which the determination is made (or if
satisfactory data for that year are not available at the time of com-
putation, then during the most recent preceding fiscal year for which
satisfactory data are available) of all local educational agencies in
the State, plus any direct current expenditures by the State for the
operation of such agencies (without regard to the source of funds
from which either of such expenditures is made), divided by the
aggregate number of children in average daily attendance to whom
such agencies provided free public education during such preceding
year.
(6) The term "current expenditures" means all expenditures for
free public education, except for (A) expenditures attributable to
fixed charges, including payments of principal and interest on short-
term and long-term debt, and payments for retirement benefits, for
insurance and judgments, for rental of land and buildings, and for
construction costs, (B) expenditures attributable to administration,
and (C) expenditures attributable to transportation or building
maintenance.
(7) The term "local educational agency" means a public board of
education or other public authority legally constituted within a State
for either administrative control or direction of, or to perform a
service function for, public elementary or secondary schools in a city,
S. 2145-2
county, township, school district, or other political subdivision of a
State, or such combination of school districts or counties as are recog-
nized in a State as an administrative agency for its public elementary
or secondary schools. Such term also includes any other public institu-
tion or agency having administrative control and direction of a public
elementary or secondary school.
(8) The term "secondary school" means a day or residential school
which provides secondary education, as determined under State law.
(9) The term "State" includes, in addition to the several States
of the Union, the Commonwealth of Puerto Rico, the District of
Columbia, Guam, American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands.
(10) The term "State educational agency" means the State board
of education or other agency or officer primarily responsible for the
State supervision of public elementary and secondary schools, or if
there is no such officer or agency, an officer or agency designated by
the Governor or by State law.
(11) The term "elementary or secondary nonpublic schools" means
schools which comply with the compulsory education laws of the State
and which are exempt from taxation under section 501 (c) (3) of the
Internal Revenue Code.
STATE ENTITLEMENTS
SEC. 102. (a) The Commissioner shall, in accordance with the pro-
visions of this title, make payments to State educational agencies for
the fiscal year 1976 for the purposes set forth in section 103.
(b) (1) Subject to the provisions of paragraphs (2) and (3), each
State educational agency shall be entitled to receive, for the fiscal
year ending June 30, 1976, an amount which, in addition to any
amounts received by such agency and the local educational agencies
of such State in that fiscal year under the Indochina Migration and
Refugee Assistance Act of 1975, equals the additional expenditures,
as determined under section 103, incurred by such State and local
education agencies in that fiscal year in providing additional basic
educational services and necessary supplementary educational serv-
ices for Indochinese refugee children.
(2) For the fiscal year ending June 30, 1976, no State educational
agency shall be entitled to receive an amount under this title, which,
when combined with any funds received by such agency and the
local educational agencies of such State in such fiscal year under the
Indochina Migration and Refugee Assistance Act of 1975, exceeds
an amount equal to the average per pupil expenditure in such State
for such fiscal year multiplied by the number of Indochinese refugee
children in such State receiving public educational services.
(3) For the purpose of this subsection, the term "State" does not
include American Samoa, the Virgin Islands, and the Trust Territory
of the Pacific Islands.
(c) (1) The jurisdictions to which this subsection applies are Ameri-
can Samoa, the Virgin Islands, and the Trust Territory of the Pacific
Islands.
(2) Each jurisdiction to which this subsection applies shall be
entitled to a grant for the purposes set forth in section 103 in an
amount equal to an amount determined by the Commissioner in accord-
ance with criteria established by him, except that the aggregate of the
amount to which such jurisdictions are SO entitled for any fiscal year
shall not exceed an amount equal to 1 per centum of the aggregate of
S. 2145-3
the amounts to which all States are entitled under subsection (b) of
this section for that fiscal year. If the aggregate of the amounts, deter-
mined by the Commissioner pursuant to the preceding sentence, to be
SO needed for any fiscal year exceeds an amount equal to such 1 per
centum limitation, the entitlement of each such jurisdiction shall be
reduced proportionately until such aggregate does not exceed such 1
per centum limitation.
(d) Determinations with respect to the number of Indochinese
refugee children by the Commissioner under this section for any
fiscal year shall be made, whenever actual satisfactory data are not
available, on the basis of estimates. No such determination shall oper-
ate, because of an underestimate, to deprive any State educational
agency of its entitlement to any payment (or the amount thereof),
under this section to which such agency would be entitled had such
determination been made on the basis of accurate data.
USES OF FUNDS
SEC. 103. (a) Financial assistance to State and local educational
agencies under this title shall be available only to meet the cost of
providing Indochinese refugee children-
(1) supplementary educational services necessary to enable
those children to achieve a satisfactory level of performance
including, but not limited to-
(A) English language instruction,
(B) other bilingual educational services, and
(C) special materials and supplies;
(2) additional basic instructional services which are directly
attributable to the presence in the school district of Indochinese
refugee children, including the cost of providing additional class-
room teachers and additional teaching materials and supplies,
but not including overhead costs, costs of construction, acquisition
or rental of space, or costs of transportation; and
(3) special inservice training for personnel who will be pro-
viding instruction described in either paragraph (1) or (2).
(b) The Commissioner shall by regulation prescribe standards for
the determination of the actual additional expenditures incurred by
State and local educational agencies in providing educational services
for Indochinese refugee children. Such standards may include-
(1) maximum incremental costs for providing basic educa-
tional services in relation to the number of additional children;
(2) maximum allowable costs for particular types of supple-
mentary educational services; and
(3) to the extent consistent with this section, categories of pro-
grams, services, and expenditures for which funds provided under
this title may be used.
ALLOCATION OF APPROPRIATIONS
SEC. 104. (a) If the sums appropriated for the fiscal year 1976 for
making the payments provided for in this title are not sufficient to pay
in full the total amounts which State educational agencies are entitled
to receive under this title for such year, the allocations to such State
educational agencies shall be ratably reduced to the extent necessary
to bring the aggregate of such allocations within the limits of the
amount SO appropriated.
S. 2145-4
(b) In the event that funds become available for making payments
under this title for such fiscal year after allocations have been made
under subsection (a) for that year, the amounts reduced under subsec-
tion (a) shall be increased on the same basis as they were reduced.
APPLICATIONS
SEC. 105. (a) No State educational agency shall be entitled to any
payment under this title for any fiscal year unless that agency submits
an application to the Commissioner at such time, in such manner,
and containing or accompanied by such information, as the Com-
missioner may reasonably require. Each such application shall-
(1) provide that the educational programs, services, and
activities for which payments under this title are made will be
administered by or under the supervision of the agency;
(2) provide that payments under this title will be used for
purposes set forth in section 103;
(3) provide such data and assurances as the Commissioner may
prescribe-
(A) to demonstrate that the costs of the additional instruc-
tional services for which the payment will be made are the
direct result of the presence of Indochinese refugee children
and that those additional instructional services will actually
be provided to those children for the duration of the period
for which assistance is made available under this title; and
(B) to demonstrate that such payments are distributed
between the State educational agency and the local educa-
tional agencies within the State in proportion to the con-
tribution to such costs by each such agency;
(4) provide assurances that the State educational agency will
not finally disapprove in whole or in part any application for
funds received under this title without first affording the local
educational agency submitting an application for such funds
reasonable notice and opportunity for a hearing;
(5) provide for making such reports as the Commissioner may
reasonably require to perform his functions under this title; and
(6) provide assurances-
(i) that to the extent consistent with the number of Indo-
chinese refugee children enrolled in the elementary or second-
ary nonpublic schools within the district served by a local
educational agency, such agency, after consultation with
appropriate officials of such schools, shall provide for the
benefit of these children secular, neutral, and nonideological
services, materials, and equipment necessary for the education
of such children;
(ii) that the control of funds provided under this para-
graph and title to materials, equipment, and property
repaired, remodeled, or constructed therewith shall be in a
public agency for the uses and purposes provided in this title,
and a public agency shall administer such funds and prop-
erty; and
(iii) that the provision of services pursuant to this para-
graph shall be provided by employees of a public agency or
through contract by such public agency with a person,
association, agency, or corporation who or which, in the pro-
vision of such services, is independent of such elementary or
secondary nonpublic school and of any religious organization;
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and such employment or contract shall be under the control
and supervision of such public agency, and the funds pro-
vided under this paragraph shall not be commingled with
State or local funds.
(b) The Commissioner shall approve an application which meets
the requirements of subsection (a). The Commissioner shall not finally
disapprove an application of a State educational agency except after
reasonable notice and opportunity for a hearing on the record to such
agency.
PAYMENT
SEC. 106. (a) The Commissioner shall pay to each State educa-
tional agency having an application approved under section 105 the
amount which that State is entitled to receive under section 102.
(b) The Commissioner is authorized to pay to each State educa-
tional agency amounts equal to the amounts expended by it for the
proper and efficient administration of its functions under this title,
except that the total of such payments for any fiscal year shall not
exceed 1 per centum of the amounts to which that State educational
agency is entitled to receive for that year under this title.
(c) If a State is prohibited by law from providing public educa-
tional services for children enrolled in elementary and secondary non-
public schools, as required by section 105 (a) (6), the Commissioner
may waive such requirement and shall arrange for the provision of
services to such children through arrangements which shall be subject
to the requirements of this title.
WITHHOLDING
SEC. 107. Whenever the Commissioner, after reasonable notice and
opportunity for a hearing to any State educational agency, finds that
there is a failure to meet the requirements of this title, the Commis-
sioner shall notify that agency that further payments will not be made
to the agency under this title, or in his discretion, that the State edu-
cational agency shall not make further payments under this title to
specified local educational agencies (whose actions cause or are
involved in such failure) until he is satisfied that there is no longer any
such failure to comply. Until he is SO satisfied, no further payments
shall be made to the State educational agency under this title or pay-
ments by the State educational agency under this title shall be limited
to local educational agencies whose actions did not cause or were not
involved in the failure, as the case may be.
AUTHORIZATION OF APPROPRIATIONS
SEC. 108. There are authorized to be appropriated for fiscal year
1976 such sums as may be necessary to make payments to which State
educational agencies are entitled under this title and payments for
administration under section 106 (b).
TITLE II-PROGRAM FOR THE TRANSITION PERIOD
AND THE 1977 FISCAL YEAR
APPLICABILITY; DEFINITIONS
SEC. 201. (a) The provisions of this title shall be applicable for
the period beginning July 1, 1976, and ending September 30, 1977.
S. 2145-6
(b) As used in this title-
(1) The term "Commissioner" means the Commissioner of
Education.
(2) The term "elementary school" means a day or residential school
which provides elementary education, as determined under State law.
(3) The term "Indochinese refugee children" means children who
are refugees within the meaning of that term as defined in section 3 of
the Indochina Migration and Refugee Assistance Act of 1975.
(4) The term "local educational agency" means a public board of
education or other public authority legally constituted within a State
for either administrative control or direction of, or to perform a
service function for, public elementary or secondary schools in a city,
county, township, school district, or other political subdivision of a
State, or such combination of school districts or counties as are recog-
nized in a State as an administrative agency for its public elementary
or secondary schools. Such term also includes any other public insti-
tution or agency having administrative control and direction of a
public elementary or secondary school.
(5) The term "secondary school" means a day or residential school
which provides secondary education, as determined under State law.
(6) The term "State" includes, in addition to the several States of
the Union, the Commonwealth of Puerto Rico, the District of Colum-
bia, Guam, American Samoa, the Virgin Islands, and the Trust Terri-
tory of the Pacific Islands.
(7) The term "State educational agency" means the State board
of education or other agency or officer primarily responsible for the
State supervision of public elementary and secondary schools, or if
there is no such officer or agency, an officer or agency designated by
the Governor or by State law.
(8) The term "elementary or secondary nonpublic schools" means
schools which comply with the compulsory education laws of the State
and which are exempt from taxation under section 501 (c) (3) of the
Internal Revenue Code.
STATE ENTITLEMENTS
SEC. 202. (a) The Commissioner shall, in accordance with the pro-
visions of this title, make payments to State educational agencies for
the period July 1, 1976, through September 30, 1977, for the purposes
set forth in section 203.
(b) (1) Except as provided in subsection (d) of this section, the
maximum amount of the grant to which a State educational agency is
entitled under this title, for the period beginning July 1, 1976, and
ending September 30, 1977, shall be equal to the sum of-
(A) the number of Indochinese refugee children aged 5 to 17,
inclusive, receiving public educational services under the super-
vision of each local educational agency within that State during
the period for which the determination is made;
multiplied by-
(B) the lesser of-
(i) $300 for each of the first one hundred such children
who are furnished such services under the supervision of each
local educational agency within such State, or
(ii) if the number of such children equals or exceeds 1 per
centum of the total number of children enrolled in the schools
of that agency, $300 for each such child in such 1 per centum
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who is furnished such services under the supervision of each
local educational agency within such State; and
(C) $600 for each additional such child in excess of one hun-
dred such children, or in excess of such 1 per centum, as the case
may be, being furnished such services under the supervision of
that agency.
(2) For the purpose of this subsection, the term "State" does not
include American Samoa, the Virgin Islands, and the Trust Territory
of the Pacific Islands.
(c) (1) The jurisdictions to which this subsection applies are Ameri-
can Samoa, the Virgin Islands, and the Trust Territory of the Pacific
Islands.
(2) Each jurisdiction to which this subsection applies shall be enti-
tled to a grant for the purposes set forth in section 203 in an amount
equal to an amount determined by the Commissioner in accordance
with criteria established by him, except that the aggregate of the
amount to which such jurisdictions are SO entitled for any period shall
not exceed an amount equal to 1 per centum of the aggregate of the
amounts to which all States are entitled under subsection (b) of this
section for that period. If the aggregate of the amounts, determined
by the Commissioner pursuant to the preceding sentence, to be SO
needed for any period exceeds an amount equal to such 1 per centum
limitation, the entitlement of each such jurisdiction shall be reduced
proportionately until such aggregate does not exceed such 1 per
centum limitation.
(d) Notwithstanding any other provision of this section, no State
educational agency shall be entitled to receive a grant for any period
in excess of the amount equal to the amount to which such agency
would otherwise be entitled under this section for that period minus
the sum of the amounts received by the local educational agencies of
that State and by that State educational agency for that period under
the Indochina Migration and Refugee Assistance Act of 1975.
(e) Determinations with respect to the number of Indochinese
refugee children by the Commissioner under this section for any period
shall be made, whenever actual satisfactory data are not available, on
the basis of estimates. No such determination shall operate, because of
an underestimate, to deprive any State educational agency of its enti-
tlement to any payment (or the amount thereof), under this section to
which such agency would be entitled had such determination been
made on the basis of accurate data.
USES OF FUNDS
SEC. 203. Payments made under this title to any State may be used
in accordance with applications approved under section 205 for public
educational services for Indochinese refugee children in the schools
of the local educational agencies of that State and in elementary and
secondary nonpublic schools of that State.
ALLOCATION OF APPROPRIATIONS
SEC. 204. (a) If the sums appropriated for the period from July 1,
1976, to September 30, 1977, for making the payments provided for
in this title are not sufficient to pay in full the total amounts which
State educational agencies are entitled to receive under this title for
such period, the allocations to such State educational agencies shall
S. 2145-8
be ratably reduced to the extent necessary to bring the aggregate of
such allocations within the limits of the amount SO appropriated.
(b) In the event that funds become available for making payments
under this title for such period after allocations have been made under
subsection (a) for that period, the amounts reduced under subsection
(a) shall be increased on the same basis as they were reduced.
APPLICATIONS
SEC. 205. (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 Commissioner at such time, in such manner, and
containing or accompanied by such information, as the Commissioner
may reasonably require. Each such application shall-
(1) provide that the educational programs, services, and activi-
ties for which payments under this title are made will be admin-
istered by or under the supervision of the agency;
(2) provide that payments under this title will be used for
purposes set forth in section 203;
(3) provide assurances that such payments will be distributed
among local educational agencies within that State in accordance
with sections 202 (b) (1) and 202(d)
(4) provide assurances that the State educational agency will
not finally disapprove in whole or in part any application for
funds received under this title without first affording the local
educational agency submitting an application for such funds
reasonable notice and opportunity for a hearing;
(5) provide for making periodic reports to the Commissioner
evaluating the effectiveness of the payments made under this title,
and such other reports as the Commissioner may reasonably
require to perform his functions under this title; and
(6) provide assurances-
(i) that to the extent consistent with the number of Indo-
chinese refugee children enrolled in the elementary or sec-
ondary nonpublic schools within the district served by a local
educational agency, such agency, after consultation with ap-
propriate officials of such schools, shall provide for the benefit
of these children secular, neutral, and nonideological services,
materials, and equipment necessary for the education of such
children;
(ii) that the control of funds provided under this para-
graph and title to materials, equipment, and property
repaired, remodeled, or constructed therewith shall be in a
public agency for the uses and purposes provided in this title,
and a public agency shall administer such funds and prop-
erty; and
(iii) that the provision of services pursuant to this para-
graph shall be provided by employees of a public agency or
through contract by such public agency with a person, asso-
ciation, agency, or corporation who or which, in the provision
of such services, is independent of such elementary or sec-
ondary nonpublic school and of any religious organization;
and such employment or contract shall be under the control
and supervision of such public agency, and the funds pro-
vided under this paragraph shall not be commingled with
State or local funds.
S. 2145-9
(b) The Commissioner shall approve an application which meets
the requirements of subsection (a). The Commissioner shall not finally
disapprove an application of a State educational agency except after
reasonable notice and opportunity for a hearing on the record to such
agency.
PAYMENTS
SEC. 206. (a) The Commissioner shall pay to each State educational
agency having an application approved under section 205 the amount
which that State is entitled to receive under this title.
(b) The Commissioner is authorized to pay to each State educa-
tional agency amounts equal to the amounts expended by it for the
proper and efficient administration of its functions under this title,
except that the total of such payments for any period shall not exceed
1 per centum of the amounts which that State educational agency is
entitled to receive for that period under this title.
(c) If a State is prohibited by law from providing public educa-
tional services for children enrolled in elementary and secondary
nonpublic schools, as required by section 205 (a) (6), the Commissioner
may waive such requirement and shall arrange for the provision of
services to such children through arrangements which shall be subject
to the requirements of this title.
WITHHOLDING
SEC. 207. Whenever the Commissioner, after reasonable notice and
opportunity for a hearing to any State educational agency, finds that
there is a failure to meet the requirements of this title, the Commis-
sioner shall notify that agency that further payments will not be made
to the agency under this title, or in his discretion, that the State edu-
cational agency shall not make further payments under this title
to specified local educational agencies (whose actions cause or are
involved in such failure) until he is satisfied that there is no longer any
such failure to comply. Until he is so satisfied, no further payments
shall be made to the State educational agency under this title or pay-
ments by the State educational agency under this title shall be limited
to local educational agencies whose actions did not cause or were not
involved in the failure, as the case may be.
AUTHORIZATION OF APPROPRIATIONS
SEC. 208. There are authorized to be appropriated for the period
beginning July 1, 1976, and ending September 30, 1977, such sums as
may be necessary to make payments to which State educational agen-
cies are entitled under this title and payments for administration
under section 206 (b).
TITLE III-ADULT EDUCATION PROVISION
AMENDMENT TO THE ADULT EDUCATION ACT
SEC. 301. The Adult Education Act (Public Law 91-230) is
amended by adding the following new section at the end thereof:
"EMERGENCY ADULT EDUCATION PROGRAM FOR INDOCHINA REFUGEES
"SEC. 315. (a) From the appropriations authorized for the period
beginning July 1, 1976, and ending September 30, 1977, but not appro-
priated for other programs under this title, the Commissioner shall
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carry out a program of making grants to State and local education
agencies for such years for the purpose of operating special adult
education programs for Indochina refugees, as defined in section 3 of
the Indochina Migration and Refugee Assistance Act of 1975. Such
grants may be used for-
"(1) programs of instruction of adult refugees in basic reading,
mathematics, development and enhancement of necessary skills,
and promotion of literacy among refugee adults, for the purpose
of enabling them to become productive members of American
society;
(2) administrative costs of planning and operating such pro-
grams of instruction;
(3) educational support services which meet the needs of adult
refugees, including but not limited to guidance and counseling
with regard to educational, career, and employment opportuni-
ties and
(4) special projects designed to operate in conjunction with
existing Federal and non-Federal programs and activities to
develop occupational and related skills for individuals, particu-
larly programs authorized under the Comprehensive Employment
and Training Act of 1973 or under the Vocational Education Act
of 1963.
(b) The Commissioner shall not approve an application for a grant
under this section unless (1) in the case of an application by a local
education agency, it has been reviewed by the respective State educa-
tion agency which shall provide assurance to the Commissioner that, if
approved by the Commissioner, the grant will not duplicate existing
and available programs of adult education which meet the special
needs of Indochina refugees, and (2) the application includes a plan
acceptable to the Commissioner which provides reasonable assurances
that adult refugees who are in need of a program are located in an
area near that State or local education agency, and would participate
in the program if available.
'(c) Applications for a grant under this section shall be submitted
at such time, in such manner, and contain such information as the
Commissioner may reasonably require.
(d) Notwithstanding the provisions of sections 305 and 307 (a), the
Commissioner shall pay all the costs of applications approved by him
under this section.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.