[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)]
[Notices]
[Pages 15721-15725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8190]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Refugee Resettlement Program: Proposed Allocations to States of
FY 1997 Funds for Refugee Social Services
AGENCY: Office of Refugee Resettlement (ORR), ACF, DHHS.
ACTION: Notice of proposed allocations to States of FY 1997 funds for
refugee\1\ social services.
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\1\ In addition to persons who meet all requirements of 45 CFR
400.43, ``Requirements for documentation of refugee status,''
eligibility for refugee social services also includes: (1) Cuban and
Haitian entrants, under section 501 of the Refugee Education
Assistance Act of 1980 (Pub. L. 96-422); (2) certain Amerasians from
Vietnam who are admitted to the U.S. as immigrants under section 584
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988, as included in the FY 1988 Continuing
Resolution (Pub. L. 100-202); and (3) certain Amerasians from
Vietnam, including U.S. citizens, under title II of the Foreign
Operations, Export Financing, and Related Programs Appropriations
Acts, 1989 (Pub. L. 100-461), 1990 (Pub. L. 101-167), and 1991 (Pub.
L. 101-513). For convenience, the term ``refugee'' is used in this
notice to encompass all such eligible persons unless the specific
context indicates otherwise.
Refugees admitted to the U.S. under admissions numbers set aside
for private-sector-initiative admissions are not eligible to be
served under the social service program (or under other programs
supported by Federal refugee funds) during their period of coverage
under their sponsoring agency's agreement with the Department of
State--usually two years from their date of arrival or until they
obtain permanent resident alien status, whichever comes first.
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SUMMARY: This notice establishes the proposed allocations to States of
FY 1997 funds for social services under the Refugee Resettlement
Program (RRP). In the final notice, allocation amounts could be
adjusted slightly based on final adjustments in FY 1996 arrivals in
some States. This notice reflects the decision by Congress to move the
$19,000,000 Cuban and Haitian entrant set-aside from targeted
assistance to social services. In addition, Congress provided for
$11,079,000 under social services for increased support to communities
with large concentrations of refugees whose cultural differences make
assimilation especially difficult.
EFFECTIVE DATE: Comments on the proposed allocations contained in this
notice must be received by May 2, 1997.
ADDRESSES: Address written comments, in duplicate, to:
Toyo Biddle, Office of Refugee Resettlement, Administration for
Children and Families, 370 L'Enfant Promenade, S.W., Washington, D.C.
20447.
FOR FURTHER INFORMATION CONTACT: Toyo Biddle, Director, Division of
Refugee Self-Sufficiency, (202) 401-9250.
SUPPLEMENTARY INFORMATION:
I. Amounts For Allocation
The Office of Refugee Resettlement (ORR) has available $110,882,000
in FY 1997 refugee social service funds as part of the FY 1997
appropriation for the Department of Health and Human Services (Pub. L.
104-208).
The FY 1997 House Appropriations Committee Report (H.R. Rept. No.
104-659) reads as follows with respect to social services funds:
Funds are distributed by formula as well as through the
discretionary grant making process for special projects. In
addition, the Committee has transferred activities previously funded
through the Targeted Assistance program to the Social Services
program. The Committee agrees that $19,000,000 is available for
assistance to serve communities affected by the Cuban and Haitian
entrants and refugees whose arrivals in recent years have increased.
The Committee has set-aside $11,079,000 for increased support to
communities with large concentrations of refugees whose cultural
differences make assimilation especially difficult justifying a more
intense level and longer duration of Federal assistance.
The Committee recommends that ORR give special consideration in
allocating grant funding to applicants providing rehabilitation
services for victims of physical and mental torture. The Committee
requests that ORR be prepared to testify regarding its activities in
support of victims of torture during the fiscal year 1998 budget
hearings.
The FY 1997 Senate Appropriations Committee Report (S. Rept. No.
104-368) further clarifies Congress' intent regarding funding for
services for victims of torture as follows:
The Committee notes the recent request for proposals to provide
mental health services to victims of torture, and recommends that
the Office of Refugee Resettlement, to the extent possible, devote
increased resources to that program in fiscal year 1997.
The Conference Report on Appropriations (H. Rept. No. 104-863)
agrees with the House and Senate Reports regarding the allocation of
social services.
The Director of the Office of Refugee Resettlement (ORR) proposes
to use the $110,882,000 appropriated for FY 1997 social services as
follows:
$68,682,550 will be allocated under the 3-year population
formula, as set forth in this notice for the purpose of providing
employment services and other needed services to refugees.
$12,120,450 will be used to fund continuation grants and
new grants through various discretionary grant announcements.
$19,000,000 will be awarded to serve communities most
heavily affected by recent Cuban and Haitian entrant and refugee
arrivals. These funds would be awarded under a discretionary grant
announcement that will be issued separately setting forth application
requirements and evaluation criteria.
$11,079,000 will be awarded through discretionary grants
for communities with large concentrations of refugees whose cultural
differences make assimilation especially difficult justifying a more
intense level and longer duration of Federal assistance. A grant
announcement will be issued separately which sets forth application
requirements and evaluation criteria.
Refugee Social Service Funds
The population figures for the social services allocation include
refugees, Cuban/Haitian entrants, and Amerasians from Vietnam since
these populations may be served through funds addressed in this notice.
(A State must, however, have an approved State plan for the Cuban/
Haitian Entrant Program or indicate in its refugee program State plan
that Cuban/Haitian entrants will be served in order to use funds on
behalf of entrants as well as refugees.)
The Director proposes to allocate $68,682,550 to States on the
basis of each State's proportion of the national population of refugees
who had been in the U.S. 3 years or less as of October 1, 1996
(including a floor amount for
[[Page 15722]]
States which have small refugee populations).
The use of the 3-year population base in the allocation formula is
required by section 412(c)(1)(B) of the Immigration and Nationality Act
(INA) which states that the ``funds available for a fiscal year for
grants and contracts (for social services) * * * shall be allocated
among the States based on the total number of refugees (including
children and adults) who arrived in the United States not more than 36
months before the beginning of such fiscal year and who are actually
residing in each State (taking into account secondary migration) as of
the beginning of the fiscal year.''
As established in the FY 1991 social services notice published in
the Federal Register of August 29, 1991, section I, ``Allocation
Amounts'' (56 FR 42745), a variable floor amount for States which have
small refugee populations is calculated as follows: If the application
of the regular allocation formula yields less than $100,000, then --
(1) a base amount of $75,000 is provided for a State with a
population of 50 or fewer refugees who have been in the U.S. 3 years or
less; and
(2) for a State with more than 50 refugees who have been in the
U.S. 3 years or less: (a) A floor has been calculated consisting of
$50,000 plus the regular per capita allocation for refugees above 50 up
to a total of $100,000 (in other words, the maximum under the floor
formula is $100,000); (b) if this calculation has yielded less than
$75,000, a base amount of $75,000 is provided for the State.
ORR has consistently supported floors for small States in order to
provide sufficient funds to carry out a minimum service program. Given
the range in numbers of refugees in the small States, we have concluded
that a variable floor, as established in the FY 1991 notice, will be
more reflective of needs than previous across-the-board floors.
Next year ORR plans to re-examine the floor formula to determine
whether it should be modified or eliminated in FY 1998.
Population To Be Served
Although the allocation formula is based on the 3-year refugee
population, in accordance with the current requirements of 45 CFR Part
400 Subpart I--Refugee Social Services, States are not required to
limit social service programs to refugees who have been in the U.S.
only 3 years. However, under 45 CFR 400.152, States may not provide
services funded by this notice, except for referral and interpreter
services, to refugees who have been in the United States for more than
60 months (5 years).
In accordance with 45 CFR 400.147, States are required to provide
services to refugees in the following order of priority, except in
certain individual extreme circumstances: (a) all newly arriving
refugees during their first year in the U.S., who apply for services;
(b) refugees who are receiving cash assistance; (c) unemployed refugees
who are not receiving cash assistance; and (d) employed refugees in
need of services to retain employment or to attain economic
independence.
ORR funds may not be used to provide services to United States
citizens, since they are not covered under the authorizing legislation,
with the following exceptions: (1) Under current regulations at 45 CFR
400.208, services may be provided to a U.S.-born minor child in a
family in which both parents are refugees or, if only one parent is
present, in which that parent is a refugee; and (2) under the FY 1989
Foreign Operations, Export Financing, and Related Programs
Appropriations Act (Pub. L. No. 100-461), services may be provided to
an Amerasian from Vietnam who is a U.S. citizen and who enters the U.S.
after October 1, 1988.
Service Priorities
Refugee social service funding should be used to assist refugee
families to achieve economic independence. To this end, States are
required to ensure that a coherent family self-sufficiency plan is
developed for each eligible family that addresses the family's needs
from time of arrival until attainment of economic independence. (See 45
CFR 400.79 and 400.156(g).) Each family self-sufficiency plan should
address a family's needs for both employment-related services and other
needed social services. The family self-sufficiency plan must include:
(1) A determination of the income level a family would have to earn to
exceed its cash grant and move into self-support without suffering a
monetary penalty; (2) a strategy and timetable for obtaining that level
of family income through the placement in employment of sufficient
numbers of employable family members at sufficient wage levels; and (3)
employability plans for every employable member of the family.
Reflecting section 412(a)(1)(A)(iv) of the INA, and in keeping with
45 CFR 400.145, States must ensure that women have the same
opportunities as men to participate in all services funded under this
notice, including job placement services. In addition, services must be
provided to the maximum extent feasible in a manner that includes the
use of bilingual/bicultural women on service agency staffs to ensure
adequate service access by refugee women. The Director also strongly
encourages the inclusion of refugee women in management and board
positions in agencies that serve refugees. In order to facilitate
refugee self-support, the Director also expects States to implement
strategies which address simultaneously the employment potential of
both male and female wage earners in a family unit, particularly in the
case of large families. States are expected to make every effort to
assure the availability of day care services for children in order to
allow women with children the opportunity to participate in employment
services or to accept or retain employment. To accomplish this, day
care may be treated as a priority employment-related service under the
refugee social services program. Refugees who are participating in
employment services or have accepted employment are eligible for day
care services for children. For an employed refugee, day care funded by
refugee social service dollars should be limited to one year after the
refugee becomes employed. States are expected to use day care funding
from other publicly funded mainstream programs as a prior resource and
are expected to work with service providers to assure maximum access to
other publicly funded resources for day care.
In accordance with 45 CFR 400.146, social service funds must be
used primarily for employability services designed to enable refugees
to obtain jobs within one year of becoming enrolled in services in
order to achieve economic self-sufficiency as soon as possible. Social
services may continue to be provided after a refugee has entered a job
to help the refugee retain employment or move to a better job. Social
service funds may not be used for long-term training programs such as
vocational training that last for more than a year or educational
programs that are not intended to lead to employment within a year.
In accordance with 45 CFR 400.156, refugee social services must be
provided, to the maximum extent feasible, in a manner that is
culturally and linguistically compatible with a refugee's language and
cultural background. In light of the increasingly diverse population of
refugees who are resettling in this country, refugee service agencies
will need to develop practical ways of providing culturally and
linguistically appropriate services to a changing ethnic population.
Services funded under this notice must be refugee-specific services
which
[[Page 15723]]
are designed specifically to meet refugee needs and are in keeping with
the rules and objectives of the refugee program. Vocational or job
skills training, on-the-job training, or English language training,
however, need not be refugee-specific.
English language training must be provided in a concurrent, rather
than sequential, time period with employment or with other employment-
related activities.
When planning State refugee services, States must take into account
the reception and placement (R & P) services provided by local
resettlement agencies in order to utilize these resources in the
overall program design and to ensure the provision of seamless,
coordinated services to refugees that are not duplicative.
In order to provide culturally and linguistically compatible
services in as cost-efficient a manner as possible in a time of limited
resources, ORR encourages States and counties to promote and give
special consideration to the provision of refugee social services
through coalitions of refugee service organizations, such as coalitions
of mutual assistance associations (MAAs), voluntary resettlement
agencies, or a variety of service providers. ORR believes it is
essential for refugee-serving organizations to form close partnerships
in the provision of services to refugees in order to be able to respond
adequately to a changing refugee picture. Coalition-building and
consolidation of providers is particularly important in communities
with multiple service providers in order to ensure better coordination
of services and maximum use of funding for services by minimizing the
funds used for multiple administrative overhead costs.
States should also expect to use funds available under this notice
to pay for social services which are provided to refugees who
participate in alternative projects. Section 412(e)(7)(A) of the INA
provides that:
The Secretary [of HHS] shall develop and implement alternative
projects for refugees who have been in the United States less than
thirty-six months, under which refugees are provided interim
support, medical services, support [social] services, and case
management, as needed, in a manner that encourages self-sufficiency,
reduces welfare dependency, and fosters greater coordination among
the resettlement agencies and service providers.
This provision is generally known as the Wilson/Fish Amendment. The
Department has already issued a separate notice in the Federal Register
with respect to applications for such projects (60 FR 15766, March 27,
1995). The notice on alternative projects does not contain provisions
for the allocation of additional social service funds beyond the
amounts established in this notice. Therefore a State which may wish to
consider carrying out such a project should take note of this in
planning its use of social service funds being allocated under the
present notice.
Funding to MAAs
ORR no longer provides set-aside funds to refugee mutual assistance
associations as a separate component under the social service notice;
instead we have folded these funds into the social service formula
allocation to States. Elimination of the MAA set-aside, however, does
not represent any reduction in ORR's commitment to MAAs as important
participants in refugee resettlement. ORR believes that the continued
and/or increased utilization of qualified refugee mutual assistance
associations in the delivery of social services helps to ensure the
provision of culturally and linguistically appropriate services as well
as increasing the effectiveness of the overall service system.
Therefore, ORR expects States to use MAAs as service providers to the
maximum extent possible. ORR strongly encourages States when
contracting for services, including employment services, to give
consideration to the special strengths of MAAs, whenever contract
bidders are otherwise equally qualified, provided that the MAA has the
capability to deliver services in a manner that is culturally and
linguistically compatible with the background of the target population
to be served. ORR also strongly encourages MAAs to ensure that their
management and board composition reflect the major target populations
to be served. ORR expects States to continue to assist MAAs in seeking
other public and/or private funds for the provision of services to
refugee clients.
States may use a portion of their social service grant, either
through contracts or through the use of State/county staff, to provide
technical assistance and organizational training to strengthen the
capability of MAAs to provide employment services, particularly in
States where MAA capability is weak or undeveloped.
ORR defines MAAs as organizations with the following
qualifications:
a. The organization is legally incorporated as a nonprofit
organization; and
b. Not less than 51% of the composition of the Board of Directors
or governing board of the mutual assistance association is comprised of
refugees or former refugees, including both refugee men and women.
II. [Reserved for Discussion of Comments in Final Notice]
III. Allocation Formulas
A. Allocation Formula
Of the funds available for FY 1997 for social services, $68,682,550
is proposed to be allocated to States in accordance with the formula
specified below. A State's allowable allocation is calculated as
follows:
1. The total amount of funds determined by the Director to be
available for this purpose; divided by--
2. The total number of refugees and Cuban/Haitian entrants who
arrived in the United States not more than 3 years prior to the
beginning of the fiscal year for which the funds are appropriated and
the number of Amerasians from Vietnam eligible for refugee social
services, as shown by the ORR Refugee Data System. The resulting per
capita amount will be multiplied by--
3. The number of persons in item 2, above, in the State as of
October 1, 1996, adjusted for estimated secondary migration.
The calculation above yields the formula allocation for each State.
Minimum allocations for small States are taken into account.
V. Basis of Population Estimates
The population estimates for the proposed allocation of funds in FY
1997 are based on data on refugee arrivals from the ORR Refugee Data
System, adjusted as of October 1, 1996, for estimated secondary
migration. The data base includes refugees of all nationalities,
Amerasians from Vietnam, and Cuban and Haitian entrants.
For fiscal year 1997, ORR's proposed formula allocations for the
States for social services are based on the numbers of refugees and
Amerasians who arrived, and on the numbers of entrants who arrived or
were resettled, during the preceding three fiscal years: 1994, 1995,
and 1996, based on final arrival data by State. Therefore, estimates
have been developed of the numbers of refugees and entrants with
arrival or resettlement dates between October 1, 1993, and September
30, 1996, who are thought to be living in each State as of October 1,
1996.
The estimates of secondary migration were based on data submitted
by all participating States on Form ORR-11 on secondary migrants who
have resided in the U.S. for 36 months or less, as of September 30,
1996. The total migration
[[Page 15724]]
reported by each State was summed, yielding in-and out-migration
figures and a net migration figure for each State. The net migration
figure was applied to the State's total arrival figure, resulting in a
revised population estimate.
Estimates were developed separately for refugees and entrants and
then combined into a total estimated 3-year refugee/entrant population
for each State. Eligible Amerasians are included in the refugee
figures.
With regard to Havana parolees, in the absence of reliable data on
this population, we are crediting each State that received entrant
arrivals during the 3-year period from FY 1994-FY 1996 with a prorated
share of the 9,494 parolees reported by the INS to have come to the
U.S. directly from Havana in FY 1996. In addition, we have credited
each State with the same share of FY 1995 Havana parolees that they
were credited with in the final FY 1995 social service notice. The
proposed allocations in this notice reflect these additional parolee
numbers.
If a State does not agree with ORR's population estimate and wishes
ORR to reconsider its population estimate, it should submit written
evidence to ORR, including a list of refugees identified by name, alien
number, date of birth, and date of arrival. Listings of refugees who
are not identified by their alien numbers will not be considered. Such
evidence should be submitted separately from comments on the proposed
allocation formula no later than 30 days from the date of publication
of this notice and should be addressed to: Loren Bussert, Office of
Refugee Resettlement, 370 L'Enfant Promenade, S.W., Washington, DC
20447, Telephone: (202) 401-4732.
Table 1, below, shows the estimated 3-year populations, as of
October 1, 1996, of refugees (col. 1), entrants (col. 2), Havana
parolees (col. 3); total refugee/entrant population, (col. 4); the
proposed formula amounts which the population estimates yield (col. 5);
and the proposed allocation amounts after allowing for the minimum
amounts (col. 6).
These population estimates and proposed allocation amounts are
intended to be as close to the final figures as was possible at the
time they were developed. However, revisions may need to be made to
reflect final adjustments in FY 1996 arrival data in some States.
V. Proposed Allocation Amounts
Funding will be contingent upon the submittal and approval of a
State annual services plan that is developed on the basis of a local
consultative process, as required by 45 CFR 400.11(b)(2) in the ORR
regulations. The following amounts are proposed for allocation for
refugee social services in FY 1997:
Table 1--Estimated 3-Year Refugee/Entrant Populations (FY 1994-1996) of States Participating in the Refugees
Program and Proposed Social Service Formula Amounts and Allocations for FY 1997
Proposed
State Refugees Entrants Havana Total formula Proposed
parolees \1\ population amount allocation
(1) (2) (3) (4) (5) (6)
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Alabama..................... 497 117 40 654 $128,901 $128,901
Alaska \2\.................. 0 0 0 0 0 0
Arizona..................... 4,243 569 221 5,033 979,298 979,298
Arkansas.................... 259 14 4 277 354,030 94,382
California \3\.............. 62,225 1,209 487 63,924 12,348,802 12,348,802
Colorado.................... 3,633 12 5 3,650 204,323 204,323
Connecticut................. 2,523 354 126 3,003 586,614 586,614
Delaware.................... 84 4 2 90 17,367 75,000
Dist. of Columbia........... 1,758 14 5 1,777 343,285 343,285
Florida..................... 13,914 33,334 15,135 62,383 12,084,440 12,084,440
Georgia..................... 9,169 282 106 9,557 1,848,799 1,848,799
Hawaii...................... 518 1 0 519 100,149 100,149
Idaho....................... 1,225 1 1 1,227 236,575 236,575
Illinois.................... 11,797 480 166 12,443 2,411,678 2,411,678
Indiana..................... 1,016 17 7 1,040 200,877 200,877
Iowa........................ 3,578 6 2 3,586 692,166 692,166
Kansas...................... 1,848 18 7 1,873 361,617 361,617
Kentucky \4\................ 2,692 465 137 3,294 650,485 650,485
Louisiana................... 1,718 294 118 2,130 414,489 414,489
Maine....................... 648 1 0 648 125,234 125,234
Maryland.................... 4,802 180 72 5,054 977,368 977,368
Massachusetts............... 8,356 212 85 8,653 1,672,236 1,672,236
Michigan.................... 7,655 336 117 8,108 1,571,894 1,571,894
Minnesota................... 9,645 26 10 9,681 1,868,481 1,868,481
Mississippi................. 102 41 16 159 31,260 75,000
Missouri.................... 5,154 32 13 5,199 1,003,612 1,003,612
Montana..................... 188 0 0 188 36,277 76,629
Nebraska.................... 1,707 38 9 1,754 340,005 340,005
Nevada \4\.................. 888 1,025 398 2,311 460,415 460,415
New Hampshire............... 731 1 0 732 141,250 141,250
New Jersey.................. 5,023 1,426 589 7,038 1,371,596 1,371,596
New Mexico.................. 629 1,124 463 2,216 438,417 438,417
New York.................... 49,240 1,399 569 51,208 9,896,023 9,896,023
North Carolina.............. 3,024 49 15 3,088 597,227 597,227
North Dakota................ 1,033 4 2 1,039 200,491 200,491
Ohio........................ 4,286 62 18 4,366 844,608 844,608
Oklahoma.................... 1,009 19 7 1,035 200,105 200,105
Oregon...................... 4,827 522 176 5,525 1,078,675 1,078,675
Pennsylvania................ 8,490 332 104 8,926 1,731,862 1,731,862
Rhode Island................ 524 7 2 533 103,043 103,043
South Carolina.............. 469 8 2 479 92,816 100,000
[[Page 15725]]
South Dakota................ 817 0 0 817 157,652 157,652
Tennessee................... 3,188 225 63 3,476 678,658 678,658
Texas....................... 13,685 1,302 501 15,488 3,007,940 3,007,940
Utah........................ 1,903 1 0 1,904 367,406 367,406
Vermont..................... 709 0 0 709 136,812 136,812
Virginia.................... 5,202 253 96 5,551 1,075,009 1,075,009
Washington.................. 17,006 62 18 17,086 3,299,124 3,299,124
West Virginia............... 24 1 0 25 4,824 75,000
Wisconsin................... 3,849 22 8 3,879 748,989 748,898
Wyoming \2\................. 0 0 0 0 0 0
Total................... 287,513 45,901 19,922 353,336 68,423,113 68,682,550
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\1\ Includes Havana Parolees (HP's) for FY 1995 and FY 1996. For FY 1995, Florida' HP's (8240) were based on
actual data while HP's in other States (2188) were prorated based on the States' proportion of the three year
entrant population. For FY 1996, 9494 HP's were prorated to all States based on the States' proportion of the
three year entrant population in the U.S.
\2\ Alaska and Wyoming no longer participate in the Refugee Program.
\3\ A portion of the California allocation is expected to be awarded to continue a Wilson/Fish project in San
Diego.
\4\ The allocation for Kentucky and Nevada is expected to be awarded to continue a Wilson/Fish project.
VI. Paperwork Reduction Act
This notice does not create any reporting or recordkeeping
requirements requiring OMB clearance.
(Catalog of Federal Domestic Assistance No. 93.566 Refugee
Assistance--State Administered Programs)
Dated: March 26, 1997.
Lavinia Limon,
Director, Office of Refugee Resettlement.
[FR Doc. 97-8190 Filed 4-1-97; 8:45 am]
BILLING CODE 4184-01-P
