8 U.S.C. § 401

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(a) The Secretary shall, in accordance with the provisions of this title, make payments to State educational agencies for fiscal year 1982, and for each subsequent fiscal year for the purposes of providing for the operation of adult education programs as described under section 402 for eligible participants aged 16 or older. Payments made under this title to any State shall be used in accordance with applications approved under section 403.“(b)(1) Except as provided in subsection (c) of this section, the amount of the grant to which a State educational agency is entitled under this Act, for any fiscal year described in subsection (a), shall be equal to the product of—“(A) the number of eligible participants aged 16 or older who are enrolled, during the period for which the determination is made, in programs of instruction referred to in section 402 which are offered within that State, other than any such refugees who are enrolled in elementary or secondary public schools under the jurisdiction of local educational agencies;multiplied by—“(B) $300.“(2) The amount of the grant to which a State educational agency is otherwise entitled for any fiscal year, as determined under paragraph (1), shall be reduced by the amounts made available for such fiscal year under any other Federal law for expenditure within the State for the same purposes as those for which funds are made available under this title, except that the reduction shall be made only to the extent that (A) such amounts are made available for such purposes specifically because of the refugee, parolee, or asylee status of the individuals to be served by such funds, and (B) such amounts are made available to provide assistance to individuals eligible for services under this title. The amount of the reduction required under this paragraph shall be determined by the Secretary in a manner consistent with subsection (c).“(3) For the purpose of this subsection, the term ‘State’ does not include Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. The entitlements of such jurisdictions shall be determined in the manner specified in section 103, but for purposes of this title and section 105 any payments made under section 103 for the purposes set forth in section 402 shall be considered to be payments under this title.“(c) Determinations by the Secretary under this title for any period with respect to the number of eligible participants and the amount of the reduction under subsection (b)(2) shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate because of an underestimate or overestimate to deprive any State educational agency of its entitlement to any payment (or the amount thereof) under this title to which such agency would be entitled had such determination been made on the basis of accurate data.

Notes of Decisions

Cited in 3 cases, 1966–1987 · leading case: Beys Afroyim v. Dean Rusk, as Sec'y of State, 361 F.2d 102 (2d Cir. 1966).

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Beys Afroyim v. Dean Rusk, as Sec'y of State, 361 F.2d 102 (2d Cir. 1966). · cites it 2× “In Trop , on the facts there, the Court held that 8 U.S.C. § 401 (g), now 8 U.S.C. § 1481 (a) (8), again a different provision from 8 U.”

In re Anonymous No. 29 D.B. 77, 7 Pa. D. & C.3d 510 (Pa. 1978). “District Court for the [ ] District of Pennsylvania, which charged respondent with violations ofl8U.S.C.A.§401(l) and *516 (2), to which he pleaded guilty in October of 1976, and was fined the sum of $2,000.”

In re Anonymous No. 76 D.B. 83, 47 Pa. D. & C.3d 138 (Pa. 1987). “We concur with respondent in that his factual circumstances can be differentiated from the above two cases in that in the former case the attorney in question was found in violation ofl8U.S.C. §401 (contempt) based on his conduct in making misrepresentations to a client’s…”

— 8 U.S.C. § 401(l) — 1 case

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