[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Notices]
[Pages 20268-20272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11146]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Refugee Resettlement
Refugee Resettlement Program: Proposed Allocations to States of
FY 1996 Funds for Refugee Social Services
AGENCY: Office of Refugee Resettlement (ORR), ACF, HHS.
ACTION: Notice of proposed allocations to States of FY 1996 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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[[Page 20269]]
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SUMMARY: This notice announces the proposed allocations to States of FY
1996 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 1995 arrivals in some States.
This notice reflects the new social service provisions in the final
rule published in the Federal Register on June 28, 1995, (60 FR 33584)
which became effective October 1, 1995. This notice discontinues the
special discretionary funds set-aside for services to former political
prisoners from Vietnam.
EFFECTIVE DATE: Comments on the proposed allocations contained in this
notice must be received by June 5, 1996.
ADDRESSES: Address written comments, in duplicate, to: Toyo A. Biddle,
Office of Refugee Resettlement, Administration for Children and
Families, 370 L'Enfant Promenade, SW., Washington, DC 20447.
FOR FURTHER INFORMATION CONTACT: Toyo Biddle (202) 401-9250.
SUPPLEMENTARY INFORMATION:
I. Amounts Proposed For Allocation
The Office of Refugee Resettlement (ORR) has available $80,802,000
in FY 1996 refugee social service funds as part of the FY 1996
appropriation for the Department of Health and Human Services (Pub. L.
104-134).
Of the total of $80,802,000, the Director of ORR proposes to make
available to States $68,681,700 (85%) under the allocation formula set
out in this notice. These funds would be made available for the purpose
of providing social services to refugees. We are discontinuing in FY
1996 the special $2,000,000 discretionary funds set-aside for services
to former political prisoners from Vietnam. However, ORR expects States
to address the special needs of former political prisoners from Vietnam
through their regular refugee social service funds as part of the
States' 5-year eligible service population.
Refugee Social Service Funds
The population figures for the social service 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 $68,681,700 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, 1995
(including a floor amount for 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.
The $12,120,300 in remaining social service funds (15% of the total
funds available) is expected to be used by ORR on a discretionary basis
to provide funds for individual projects intended to contribute to the
effectiveness and efficiency of the refugee resettlement program. Grant
announcements on discretionary initiatives will be issued separately.
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, effective October 1, 1995, under new regulations
published in the Federal Register on June 28, 1995, (60 FR 33584),
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). States may, however,
continue to provide employability services through September 30, 1996,
or until the services are completed, whichever occurs first, to
refugees who have been in the U.S. for more than 60 months, who were
receiving employability services, as defined in Sec. 400.154, as of
September 30, 1995, as part of an employability plan.
In accordance with Sec. 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
[[Page 20270]]
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. 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
Secs. 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
Sec. 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 Sec. 400.146 in the new regulations, 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 Sec. 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 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
[[Page 20271]]
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 Formula
Of the funds available for FY 1996 for social services, $68,681,700
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, 1995, adjusted for estimated secondary migration.
The calculation above yields the formula allocation for each State.
Minimum allocations for small States are taken into account.
IV. Basis of Population Estimates
The population estimates for the proposed allocation of funds in FY
1996 are based on data on refugee arrivals from the ORR Refugee Data
System, adjusted as of October 1, 1995, for estimated secondary
migration. The data base includes refugees of all nationalities,
Amerasians from Vietnam, and Cuban and Haitian entrants.
For fiscal year 1996, 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: 1993, 1994,
and 1995, 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, 1992, and September
30, 1995, who are thought to be living in each State as of October 1,
1995. Refugees admitted under the Federal Government's private-sector
initiative are not included, since their assistance and services are to
be provided by the private sponsoring organizations under an agreement
with the Department of State.
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,
1995. The total migration 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.
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 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, 1995, of refugees (col. 1), entrants (col. 2), and total
refugees and entrants (col. 3); the formula amounts which the
population estimates yield (col. 4); and the proposed allocation
amounts after allowing for the minimum amounts (col. 5).
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 1995 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 Sec. 400.11(b)(2) in the ORR
regulations. The following amounts are proposed for allocation for
refugee social services in FY 1996:
Table 1.--Estimated 3-Year Refugee/Entrant Populations of States Participating in the Refugee Program and
Proposed Social Service Formula Amounts and Allocations for FY 1996
Total Formula Proposed
State Refugees Entrants population amount allocation
(1) (2) (3) (4) (5)
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Alabama................................... 618 62 680 $125,354 $125,354
Alaska a.................................. 0 0 0 0 0
[[Page 20272]]
Arizona................................... 3,575 416 3,991 735,715 735,715
Arkansas.................................. 317 5 322 59,359 100,000
California b.............................. 78,045 947 78,992 14,561,671 14,561,671
Colorado.................................. 3,808 12 3,820 704,193 704,193
Connecticut............................... 2,903 206 3,109 573,124 573,124
Delaware.................................. 89 5 94 17,328 75,000
Dist. of Columbia......................... 1,753 10 1,763 324,998 324,998
Florida................................... 13,823 32,158 45,961 8,476,304 8,476,304
Georgia................................... 9,811 192 10,003 1,843,989 1,843,989
Hawaii.................................... 758 0 758 139,732 139,732
Idaho..................................... 1,086 4 1,090 200,935 200,935
Illinois.................................. 12,644 267 12,911 2,380,060 2,380,060
Indiana................................... 1,140 12 1,152 212,364 212,364
Iowa...................................... 3,461 4 3,465 638,751 638,751
Kansas.................................... 2,112 11 2,123 391,362 391,362
Kentucky c................................ 2,301 164 2,465 454,407 454,407
Louisiana................................. 2,030 217 2,247 414,220 414,220
Maine..................................... 724 1 725 133,649 133,649
Maryland.................................. 6,311 140 6,451 1,189,201 1,189,201
Massachusetts............................. 10,009 164 10,173 1,875,328 1,875,328
Michigan.................................. 7,724 187 7,911 1,458,342 1,458,342
Minnesota................................. 9,846 20 9,866 1,818,734 1,818,734
Mississippi............................... 111 32 143 26,361 75,000
Missouri.................................. 4,998 22 5,020 925,405 925,405
Montana................................... 182 0 182 33,551 75,000
Nebraska.................................. 1,847 6 1,853 341,589 341,589
Nevada c.................................. 769 732 1,501 276,700 276,700
New Hampshire............................. 686 1 687 126,644 126,644
New Jersey................................ 6,369 1,150 7,519 1,386,080 1,386,080
New Mexico................................ 948 889 1,837 338,639 338,639
New York.................................. 60,186 1,116 61,302 11,300,632 11,300,632
North Carolina............................ 3,221 20 3,241 597,458 597,458
North Dakota.............................. 1,044 3 1,047 193,008 193,008
Ohio...................................... 5,094 20 5,114 942,733 942,733
Oklahoma.................................. 1,351 12 1,363 251,260 251,260
Oregon.................................... 5,149 273 5,422 999,511 999,511
Pennsylvania.............................. 9,762 132 9,894 1,823,896 1,823,896
Rhode Island.............................. 656 3 659 121,482 121,482
South Carolina............................ 503 2 505 93,094 100,000
South Dakota.............................. 658 0 658 121,298 121,298
Tennessee................................. 3,408 64 3,472 640,041 640,041
Texas..................................... 15,885 920 16,805 3,097,895 3,097,895
Utah...................................... 1,774 0 1,774 327,026 327,026
Vermont................................... 720 0 720 132,727 132,727
Virginia.................................. 5,922 172 6,094 1,123,390 1,123,390
Washington................................ 19,075 20 19,095 3,520,041 3,520,041
West Virginia............................. 27 1 128 5,162 75,000
Wisconsin................................. 5,096 13 5,109 941,812 941,812
Wyoming a................................. 0 0 0 0 0
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Total............................... 330,329 40,807 371,136 68,416,555 68,681,700
a Alaska and Wyoming no longer participate in the Refugee Program.
b A portion of the California allocation is expected to be awarded to continue a Wilson/Fish project in San
Diego.
c 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: April 29, 1996.
Lavinia Limon,
Director, Office of Refugee Resettlement.
[FR Doc. 96-11146 Filed 5-3-96; 8:45 am]
BILLING CODE 4184-01-P
