99-20246. Refugee Resettlement Program: Final Notice of Allocations to States of FY 1999 Funds for Refugee Social Services  

  • [Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
    [Notices]
    [Pages 43398-43404]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-20246]
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Office of Refuge Resettlement
    
    
    Refugee Resettlement Program: Final Notice of Allocations to 
    States of FY 1999 Funds for Refugee Social Services
    
    AGENCY: Office of Refugee Resettlement (ORR), ACF, HHS.
    
    ACTION: Final notice of allocations to States of FY 1999 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.
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    SUMMARY: This notice establishes the allocations to States of FY 1999 
    funds for social services under the Refugee Resettlement Program (RRP).
        This notice includes a $15.5 million set-aside to: (1) Provide 
    outreach and referral to ensure that eligible refugees access the 
    Children's Health Insurance Program (CHIP) and other programs for low 
    income working populations; and (2) provide specialized interpreter 
    training and the hiring of interpreters to enable refugees to have 
    equal access to medical and legal services.
    
    EFFECTIVE DATE: August 10, 1999.
    
    FOR FURTHER INFORMATION CONTACT: Barbara R. Chesnik, Division of 
    Refugee Self-Sufficiency, (202) 401-4558.
    
    SUPPLEMENTARY INFORMATION: A notice of proposed allocations to States 
    of FY 1999 funds for refugee social services was published in the 
    Federal Register on April 27, 1999 (64 FR 22626).
    
    I. Amounts for Allocation
    
        The Office of Refugee Resettlement (ORR) has available $139,990,000 
    in FY 1999 refugee social service funds as part of the FY 1999 
    appropriation for the Department of Health and Human Services (Pub.L. 
    105-277).
        The FY 1999 House Appropriations Committee Report (H.R. Rept. No. 
    105-635) reads as follows with respect to social services funds:
    
        The bill provides $134,990,000 for social services, an increase 
    of $5,000,000 over the comparable fiscal year 1998 appropriation and 
    the budget request. Funds are distributed by formula as well as 
    through the discretionary grant making process for special projects. 
    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 $16,000,000 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. Finally, 
    the Committee has set aside $14,000,000 to address the needs of 
    refugees and communities impacted by recent changes in Federal 
    assistance programs relating to welfare reform. The Committee urges 
    ORR to assist refugees at risk of losing, or who have lost, benefits 
    including SSI, TANF and Medicaid, in obtaining citizenship. In 
    addition, ORR may initiate planning grants to create alternative 
    cash and medical assistance programs for refugees. The Committee has 
    included funding for health screening of new arrivals.
        The Committee encourages ORR to award grants for mental health 
    and other health services for victims of torture if such activities 
    are authorized in law.
        The Committee encourages ORR to consider supporting education 
    and outreach activities related to female genital mutilation if such 
    activities are authorized in law.
    
        The FY 1999 Senate Appropriations Committee Report (S. Rept. No. 
    105-300) adds the following:
    
        The Committee provides $19,000,000 to serve communities affected 
    by the Cuban and Haitian entrants and refugees, the same as the 
    amount contained in last year's appropriation. In addition, the 
    Committee recommends $14,000,000 to address the needs of refugees 
    and communities affected by recent changes in Federal assistance 
    programs, and $16,000,000 to assist communities with large 
    concentrations of refugees whose cultural differences make 
    assimilation difficult. These funds are included in the social 
    services line item.
    
        The FY 1999 Conference Report on Appropriations (H.R. Conf. No. 
    105-825) reads as follows concerning social services:
    
        The conference agreement provides $139,990,000 for social 
    services, an increase of $5,000,000 over the House and $10,000,000 
    over the Senate. The conference agreement includes $26,000,000 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, and $14,000,000 to address the needs of refugees 
    and communities impacted by the recent changes in Federal assistance 
    programs relating to welfare reform. The agreement includes 
    $19,000,000 for assistance to communities impacted by Cuban and 
    Haitian entrants and refugees whose arrivals in recent years have 
    increased.
    
        The Director of the Office of Refugee Resettlement (ORR) will use 
    the $139,990,000 appropriated for FY 1999 social services as follows:
         $68,841,500 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.
    
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         $12,148,500 will be awarded as social service 
    discretionary grants through competitive grant announcements that will 
    be issued separately from this notice.
         $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 through a discretionary grant 
    announcement that will be issued separately from this notice.
         $26,000,000 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 from this notice.
         $14,000,000 will be awarded to address the needs of 
    refugees and communities impacted by recent changes in Federal 
    assistance programs relating to welfare reform. Awards will be made 
    through announcements issued separately from this notice.
        In addition, we have added $15,500,000 in unexpended FY 1997 CMA 
    funds to the FY 1999 formula social services allocation as a set-aside 
    for referral and interpreter services, and $20,000,000 in unexpended FY 
    1997 CMA funds to the FY 1999 formula social services allocation as 
    part of the standard formula allocation, increasing the total amount 
    available for the formula social services program in FY 1999 to 
    $104,341,500.
        Congress provided ORR with broad carry-over authority in the FY 
    1999 HHS appropriations law to use FY 1997 CMA carry-over funds for 
    assistance and other activities in the refugee program in fiscal years 
    1998 and 1999. The appropriations law states: ``* * * That funds 
    appropriated pursuant to section 414(a) of the Immigration and 
    Nationality Act under Pub.L. 104-208 for fiscal year 1997 shall be 
    available for the costs of assistance provided and other activities 
    conducted in such year and in fiscal years 1998 and 1999.''
    
    Refugee Social Service Funds
    
        The population figures for the social services allocation include 
    refugees, Cuban/Haitian entrants, Amerasians from Vietnam, and Kurdish 
    asylees 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 is allocating $88,841,500, which includes $20,000,000 
    in unexpended FY 1997 cash and medical assistance (CMA) funds, 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, 1998 (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.
        The Director is also allocating an additional $15.5 million from FY 
    1997 carry-over funds as a set-aside to: (1) provide referral services, 
    including outreach, to ensure that refugees are able to access the 
    Children's Health Insurance Program (CHIP) and other programs for low 
    income populations; and (2) provide for the hiring of interpreters and 
    special interpreter training to enable refugees to have equal access to 
    medical and certain legal services. Depending upon the existing 
    capacity and need in the community, we encourage States to use the 
    funds equally for both activities. Both types of services are not 
    subject to the 5-year limitation and may be provided to refugees 
    regardless of their length of time in the U.S. See 45 CFR 400.152(b).
        Eligible refugee families often are not aware of, or do not know 
    how to access, other Federal support programs available to low income 
    working families in the community. We believe that these programs, 
    including CHIP, Food Stamps, Low Income Home Energy Assistance Program 
    (LIHEAP), Medicaid, Head Start, low-income housing, the Special 
    Supplemental Nutrition Program for Women, Infants, and Children (WIC), 
    child care assistance, adult day care for aged dependents, and other 
    support programs for low-income families, are important for the well-
    being of working refugees, particularly refugee families, and are 
    necessary to help these refugees maintain employment and move toward 
    full self-sufficiency.
        The organizations funded by the set-aside amount are expected to 
    conduct outreach into the community to identify low-income refugees and 
    to help these refugees enroll in and to be familiar with the services 
    available and the participation requirements of these programs. We 
    expect States to fund community-based organizations, to the maximum 
    extent possible, to provide hands-on assistance, which means having the 
    application forms available and helping refugees to fill out the 
    application, accompanying the refugee to the eligibility office, 
    assisting in the communication between the family and the eligibility 
    worker, closely following the application process until the family has 
    been found eligible, and then helping the family effectively use the 
    service or support program in which they have been enrolled. For 
    example, there may be different levels of medical coverage available to 
    a family, depending on the ages of the children and the income level of 
    the family, each with different requirements. It is important for the 
    caseworkers/advocates funded through this initiative to understand the 
    program requirements (such as a co-payment structure) in order to help 
    the family make decisions and fully participate.
        The organizations funded under this set-aside should develop 
    effective ways to provide an on-going link between these services, the 
    population they serve, and the targeted low income programs. Methods 
    might include: partnering with schools to identify refugee children who 
    may be eligible for CHIP by virtue of their eligibility for the school 
    lunch program; connecting with local Head Start programs to help 
    identify refugee children who are
    
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    eligible for CHIP and other health care programs; arranging to have 
    Medicaid eligibility workers visit the Mutual Assistance Association 
    (MAA) or other participating organization on a scheduled basis; and 
    working with other groups serving low income families, such as 
    hospitals, WIC programs, low-income housing programs, and food 
    assistance programs to make these services widely known to the refugee 
    community being served.
        It is also important that States provide as high a standard as 
    possible in interpretation to non-English speaking and to Limited-
    English-Proficient (LEN) refugees, particularly in regard to medical 
    and legal issues. As mentioned earlier, we are therefore including 
    funding in the set-aside for States to improve the availability and 
    quality of interpreter services for refugees in their communities. The 
    set-aside funds are to be used by States: (1) to fund specialized 
    interpreter training for medical and legal services; and (2) to pay for 
    the hiring and employment of these trained interpreters by MAAs, 
    voluntary agencies, and other community-based organizations serving 
    refugees, to the maximum extent possible, in order to increase the 
    number of skilled interpreters in the community.
        Interpretation requires a great deal of skill--interpreters need to 
    be fluent in English and the language spoken by the refugee. They must 
    have the ability to quickly understand the message and terminology, if 
    technical, in one language and to express it as quickly and correctly 
    in another language. In addition to fluency in two languages, 
    interpreters must have the skills to handle confidential client 
    information and to deal with a variety of professionals in the medical, 
    legal, law enforcement, social services, and other fields.
        States should use qualified training programs or trainers to 
    provide the interpreter training. Several strategies may be employed, 
    e.g., the direct training of interpreters in a group setting, paying 
    the course tuition and associated expenses for individuals at a 
    community college or university, and the training of trainers in order 
    to establish and maintain an efficient training capacity in the 
    community. To the extent possible, we would expect States to use an 
    established curriculum rather than incurring costs to develop a new 
    one. Funding of interpreter services should be directed to areas of 
    greatest need and to the most linguistically isolated communities.
        States must determine a community's capacity to ensure refugee 
    access to medical and other services, and then examine how best to fund 
    and maintain interpreter services for refugees based upon the need and 
    size of the refugee population. For example, an interpreter bank with 
    dedicated interpreters may be a preferred option if the needs of the 
    community can justify full-time interpreters. However, because the 
    provision of interpreter services may not fully occupy funded staff in 
    some locations or in certain languages, States may choose to train 
    bilingual caseworkers at voluntary resettlement agencies, MAAs and 
    refugee service providers. States may also consider cross-training of 
    interpreters so that they may also assist, for example, in enrolling 
    clients in CHIP, Medicaid, or other services for low-income clients, 
    and/or serve as case managers or in other staff positions. Staff with 
    both bilingual interpreter skills and knowledge of the family services 
    network, such as child protective services and the domestic violence 
    system, are also highly desirable.
        We also encourage States to set up creative ways to maintain and 
    expand the availability of interpreter services in the community, such 
    as seeking reimbursement for services from the courts, hospitals, and 
    agencies which may be able to pay for interpreter services but have 
    been otherwise hindered in providing these services by the lack of 
    available and appropriately trained individuals. Fees from low-income 
    refugee clients, however, may not be sought.
        In light of the unique position that refugee MAAs have in the 
    communities where refugees reside, we are asking that States give 
    special consideration to MAAs in using the set-aside amount, where 
    possible, to provide these services to refugee families. However, 
    qualified community based organizations with refugee experience, 
    voluntary resettlement agencies, or refugee service providers may be 
    funded as well.
    
    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. 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
    
        In the past, a number of States have focused primarily on serving 
    refugee cash assistance (RCA) recipients because of the need to help 
    these refugees become employed and self-sufficient within the 8-month 
    RCA eligibility period. Now, with the passage of welfare reform, 
    refugee recipients of Temporary Assistance for Needy Families (TANF) 
    also face a time limit for cash assistance and need appropriate 
    services as quickly as possible to become employed and self-sufficient. 
    In order for refugees to move quickly off TANF, we believe it is 
    crucial for these refugees to receive refugee-specific services that 
    are designed to address the employment barriers that refugees typically 
    face. We are pleased with the efforts that State Refugee Coordinators 
    have made to date to develop agreements with their State TANF program 
    to utilize the existing refugee service system in a State for refugee 
    TANF participants. We encourage States to continue their efforts in 
    this regard.
        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
    
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    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.
        Some States are doing remarkably well in achieving refugee self-
    sufficiencies. For this reason, this may be a good time for these 
    States to re-examine the range of services they currently offer to 
    refugees and expand the range of services beyond employment services to 
    address the broader needs that refugees have in order to successfully 
    integrate into the community.
        Reflecting section 412(a)(1)(A)(iv) of the INA, and in keeping with 
    45 CFR 400.145(c), 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 to the maximum extent 
    possible 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(e), 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 (45 CFR 
    400.156(d)).
        English language training must be provided in a concurrent, rather 
    than sequential, time period with employment or with other employment-
    related activities (45 CFR 400.156(c)).
        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 (45 CFR 
    400.156(b)).
        In order to provide culturally and linguistically compatible 
    services in as cost-efficient a manner as possible, 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 Wilson/Fish 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 (64 FR 19793, April 22, 
    1999).
    
    The Use of MAAs
    
        ORR believes that the use 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, we expect States to use MAAs as service providers to the 
    maximum extent possible. We strongly encourage 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
    
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    assistance and organizational training to strengthen the capability of 
    MAAs to provide employment services and other social 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. Discussion of Comments Received
    
        We received one letter of comment in response to the notice of 
    proposed FY l999 allocations to States for refugee social services. 
    This comment is summarized below and followed by the Department's 
    response.
        Comment: The commenter expressed concern about the proposal to 
    allocate $15.5 million as a set-aside to provide referral services to 
    ensure that refugees are able to access the Children's Health Insurance 
    Program (CHIP) and other programs for low income populations; and (2) 
    provide for the hiring of interpreters and special interpreter training 
    to enable refugees to have equal access to medical services and certain 
    legal services. The commenter believes that refugees are able to 
    adequately access public assistance and medical assistance programs. 
    Instead, the commenter recommended that the set-aside funds be 
    allocated to States based upon the estimated number of refugees who 
    have been in the country for over seven years who are losing 
    eligibility for Federal Food Stamps. The commenter recommended that 
    States should be given the discretion on how to use the funds in 
    providing food assistance, employment services, or naturalization 
    services in order to mitigate the loss of Federal Food Stamp 
    eligibility. The commenter also recommended that the funds should be 
    used by states to translate notices and information relating to 
    programs and services which refugees need because translation is more 
    cost-effective and efficient than interpreter services. And lastly, the 
    commenter indicated that the President's budget for Federal Fiscal Year 
    (FFY) 2000 includes $40 million to increase and expand the use of TANF 
    funds for the current Medicaid outreach program to include children 
    newly eligible for CHIP and therefore the ORR set-aside would be 
    duplicative of this initiative.
        Response: With the continuing increase in diversity among newly 
    arriving refugee groups, and the increased ability of these groups to 
    become employed soon after arrival, we believe that there is a strong 
    need for refugees to receive specially directed assistance to help them 
    access medical and other assistance programs for low-economic 
    populations. We believe this assistance is critical to helping refugees 
    make the transition from the entry and low level jobs which are 
    obtained soon after arrival, when families are struggling to adjust to 
    their new lives, jobs, and communities, to becoming self-sufficient 
    members of the community.
        We also believe that it is vital to have appropriate interpreter 
    services available so that the diverse newly arriving populations 
    receive the services necessary for their well-being and integration 
    into their new communities. While both interpreter and translation 
    services are currently allowable social services for States to fund 
    under ORR regulations, it is our understanding that newly arriving 
    refugees would particularly benefit from having additional interpreter 
    services available in the community. In many communities, it is no 
    longer possible for each local resettlement provider to have on staff a 
    bilingual worker for each arriving refugee group. New strategies and 
    means of addressing the diverse population must be found. It is our 
    intent that the set-aside funds will support that need. And finally, 
    while funding to augment access to CHIP may be provided under the FFY 
    2000 budget, and we would certainly encourage States to do whatever 
    possible to ensure that refugee populations are served if these funds 
    are included in the final appropriations legislation, we do not believe 
    this to be a duplication because refugee program funds would have been 
    available to serve refugees before next year's appropriation is made 
    available to States.
    
    III. Allocation Formulas
    
        Of the funds available for FY 1999 for social services, $88,841,815 
    is allocated to States in accordance with the formula specified below. 
    In addition, $15.5 million in set-aside funds are allocated 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, Cuban/Haitian entrants, Amerasians 
    from Vietnam, and Kurdish asylees 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, as shown by the ORR Refugee Data System. 
    The resulting per capita amount is multiplied by--
        3. The number of persons in item 2, above, in the State as of 
    October 1, 1998, 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 allocation of funds in FY 1999 are 
    based on data on refugee arrivals from the ORR Refugee Data System, 
    adjusted as of October 1, 1998, for estimated secondary migration. The 
    data base includes refugees of all nationalities, Amerasians from 
    Vietnam, Cuban and Haitian entrants, and Kurdish asylees.
        For fiscal year 1999, ORR's formula allocations for the States for 
    social services are based on the numbers of refugees, Amerasians, 
    Kurdish asylees, and entrants who arrived during the preceding three 
    fiscal years: 1996, 1997, and 1998, based on arrival data by State. 
    Therefore, estimates have been developed of the numbers of refugees and 
    entrants with arrival or resettlement dates between October 1, 1995, 
    and September 30, 1998, who are thought to be living in each State as 
    of October 1, 1998.
        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, 
    1998. 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 and Kurdish asylees are included in 
    the refugee figures.
        With regard to Havana parolees, in the absence of reliable data on 
    the State-by-State resettlement of this population, we are crediting 
    each State that received entrant arrivals during the 3-year period from 
    FY 1996 through FY 1998 with a prorated share of the 13,442 parolees 
    reported by the Immigration and Naturalization Service (INS) to have 
    come to the U.S. directly from Havana in FY 1998. In addition, we have 
    credited each State with the same share
    
    [[Page 43403]]
    
    of FY 1996 and FY 1997 Havana parolees that they were credited with in 
    the final FY 1997 and FY 1998 social service notices. The allocations 
    in this notice reflect these additional parolee numbers.
        Table 1, below, shows the estimated 3-year populations, as of 
    October 1, 1998, of refugees (col. 1), entrants (col. 2), Havana 
    parolees (col. 3); total refugee/entrant population, (col. 4); the 
    formula amounts which the population estimates yield (col. 5); the 
    allocation amounts after allowing for the minimum amounts (col. 6); the 
    set-aside amount (col. 7); and the total final allocation (col. 8).
    
    V. Allocation Amounts
    
        Funding subsequent to the publication of this notice 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 for allocation for refugee social services in FY 1999:
    
        Table 1.--Estimated 3-Year Refugee/Entrant Populations of States Participating in the Refugee Program and Final Social Service Formula Amount and
                                                                     Allocation for FY 1999.
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Havana       Total       Proposed     Proposed
                         State                         Refugees     Entrants     parolees    population    formula     allocation   Set-aside       Final
                                                       \1\ (1)        (2)        \2\ (3)        (4)       amount (5)      (6)                    allocation
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Alabama........................................          484           55           75          614     $198,965     $198,965      $34,829      $233,794
    Alaska \3\.....................................            0            0            0            0  ...........  ...........  ...........  ............
    Arizona........................................        6,105          387          421        6,913    2,240,139    2,240,139      392,139     2,632,278
    Arkansas.......................................          141            9            9          159       51,524       85,321        9,019        94,340
    California.....................................       34,833          342          575       35,750   11,584,691   11,584,691    2,027,912    13,612,603
    Colorado.......................................        3,284            2            6        3,292    1,066,764    1,066,764      186,738     1,253,502
    Connecticut....................................        2,362          150          201        2,713      879,140      879,140      153,894     1,033,034
    Delaware.......................................           58            2            3           63       20,415       75,000        3,574        78,574
    Dist. of Columbia..............................        1,498            4            9        1,511      489,635      489,635       85,711       575,346
    Florida........................................       12,594        8,201       21,455       42,250   13,690,998   13,690,998    2,396,624    16,087,622
    Georgia........................................        8,307           98          155        8,560    2,773,845    2,773,845      485,564     3,259,409
    Hawaii.........................................          120            1            0          121       39,210       75,000        6,864        81,864
    Idaho \4\......................................        1,622            0            0        1,622      525,605      525,605       92,008       617,613
    Illinois.......................................       11,262          231          304       11,797    3,822,786    3,822,786      669,183     4,491,969
    Indiana........................................        1,451            5            7        1,463      474,081      474,081       82,988       557,069
    Iowa...........................................        5,288            2            3        5,293    1,715,182    1,715,182      300,244     2,015,426
    Kansas.........................................        1,025            9           11        1,045      338,629      338,629       59,277       397,906
    Kentucky \5\...................................        3,375          802          638        4,815    1,560,288    1,560,288      273,130     1,833,418
    Louisiana......................................        1,296           79          141        1,516      491,256      491,256       85,995       577,251
    Maine..........................................          607            0            0          607      196,697      196,697       34,432       231,129
    Maryland.......................................        3,000           46           95        3,141    1,017,833    1,017,833      178,173     1,196,006
    Massachusetts..................................        6,727           85          105        6,917    2,241,435    2,241,435      392,366     2,633,801
    Michigan.......................................        7,078          347          340        7,765    2,516,227    2,516,227      440,468     2,956,695
    Minnesota......................................        8,245            7           15        8,267    2,678,899    2,678,899      468,944     3,147,843
    Mississippi....................................           71           10           19          100       32,405       75,000        5,672        80,672
    Missouri.......................................        6,514            8           13        6,535    2,117,649    2,117,649      370,697     2,488,346
    Montana........................................          126            0            0          126       40,830       75,000        7,147        82,147
    Nebraska.......................................        2,064           36           36        2,136      692,165      692,165      121,164       813,329
    Nevada \5\.....................................        1,233          609          640        2,482      804,285      804,285      140,791       945,076
    New Hampshire..................................        1,095            0            0        1,095      354,832      354,832       62,114       416,946
    New Jersey.....................................        3,371          365          654        4,390    1,422,568    1,422,568      249,022     1,671,590
    New Mexico.....................................          346          467          565        1,378      446,537      446,537       78,167       524,704
    New York.......................................       29,693          756          876       31,325   10,150,782   10,150,782    1,776,905    11,927,687
    North Carolina.................................        3,639           29           32        3,700    1,198,975    1,198,975      209,882     1,408,857
    North Dakota...................................        1,304            0            2        1,306      423,206      423,206       74,083       497,289
    Ohio...........................................        4,134           44           44        4,222    1,368,128    1,368,128      239,492     1,607,620
    Oklahoma.......................................          471            7           10          488      158,135      158,135       27,682       185,817
    Oregon.........................................        4,616          344          388        5,348    1,733,005    1,733,005      303,364     2,036,369
    Pennsylvania...................................        6,893          245          261        7,399    2,397,626    2,397,626      419,707     2,817,333
    Rhode Island...................................          331            5            5          341      110,500      110,500       19,343       129,843
    South Carolina.................................          226            6            7          239       77,447      100,000       13,557       113,557
    South Dakota \4\...............................          750            0            0          750      243,035      243,035       42,544       285,579
    Tennessee......................................        3,636          171          179        3,986    1,291,653    1,291,653      226,105     1,517,758
    Texas..........................................       11,165          778          837       12,780    4,141,325    4,141,325      724,943     4,866,268
    Utah...........................................        3,163            1            0        3,164    1,025,286    1,025,286      179,477     1,204,763
    Vermont........................................          885            0            0          885      286,782      286,782       50,201       336,983
    Virginia.......................................        4,484          114          163        4,761    1,542,789    1,542,789      270,067     1,812,856
    Washington.....................................       16,391           45           49       16,485    5,341,920    5,341,920      935,109     6,277,029
    West Virginia..................................            8            0            0            8        2,592       75,000          454        75,454
    Wisconsin......................................        1,606            9           11        1,626      526,901      526,901       92,235       619,136
    Wyoming \3\....................................            0            0            0            0  ...........  ...........  ...........  ............
                                                    --------------------------------------------------------------------------------------------------------
        Total......................................      228,977       14,913       29,359      273,249   88,545,602   88,841,500   15,500,000  104,341,500
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    \1\ Includes: refugees, Kurdish asylees, and Amerasian immigrants from Vietnam adjusted for secondary migration.
    \2\ For FY 1998, Florida's Havana Parolees (10,183) were based on actual data, while HP's in other States (3,258) were prorated according to their
      proportions of the three-year (FY 1996-1998) entrant population. For FY 1997, Florida's HP's (3,957) were based on actual data, while HP's in other
      States (2,035) were prorated according to their proportions of the three-year population. For FY 1996, Florida's HP's (7,315) were based on actual
      data, while HP's in other States (2,611) were prorated according to their proportions of the three-year entrant population.
    \3\ Alaska and Wyoming no longer participate in the Refugee Program.
    \4\ The allocations for Idaho and South Dakota are expected to be awarded to the State designee.
    \5\ The allocations for Kentucky and Nevada are expected to be awarded to Wilson/Fish projects.
    
    
    [[Page 43404]]
    
    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: August 2, 1999.
    Lavinia Limon,
    Director, Office of Refugee Resettlement.
    [FR Doc. 99-20246 Filed 8-9-99; 8:45 am]
    BILLING CODE 4184-01-P
    
    
    

Document Information

Effective Date:
8/10/1999
Published:
08/10/1999
Department:
Health and Human Services Department
Entry Type:
Notice
Action:
Final notice of allocations to States of FY 1999 funds for refugee \1\ social services.
Document Number:
99-20246
Dates:
August 10, 1999.
Pages:
43398-43404 (7 pages)
PDF File:
99-20246.pdf