[Federal Register Volume 59, Number 155 (Friday, August 12, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10710]
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[Federal Register: August 12, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Refugee Resettlement
45 CFR Part 400
Refugee Resettlement Program: Requirements for Employability
Services, Job Search, and Employment; Refugee Medical Assistance;
Refugee Social Services; Targeted Assistance Services; and Federal
Funding for Administrative Costs
AGENCY: Administration for Children and Families (ACF), HHS, Office of
Refugee Resettlement.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This proposed rule would amend or clarify current requirements
governing employability services, job search, employment, refugee
medical assistance, social services, and Federal funding for State
administrative costs and would establish requirements for the targeted
assistance program.
DATES: Comments must be received by September 26, 1994.
ADDRESSES: Comments should be addressed to Toyo A. Biddle, Office of
Refugee Resettlement, Administration for Children and Families,
Department of Health and Human Services, 370 L'Enfant Promenade SW.,
6th Floor, Washington, DC 20447.
Agencies and organizations are requested to submit comments in
duplicate.
Comments will be available for public inspection, beginning
approximately one month after publication, at the above address on
Monday through Friday of each week from 9:30 a.m. to 4 p.m., except
Federal holidays. Although we will not be able to acknowledge or
respond to comments individually, in preparing the final rule, we will
respond to comments in the preamble to the final rule.
FOR FURTHER INFORMATION CONTACT:
Toyo A. Biddle, (202) 401-9253.
SUPPLEMENTARY INFORMATION:
Background
The Refugee Act of 1980 amended the Immigration and Nationality Act
(INA) to create a domestic refugee resettlement program to provide
assistance and services to refugees resettling in the United States.
With the enactment of this legislation, the Office of Refugee
Resettlement (ORR) issued a series of regulations, at 45 CFR part 400,
to establish comprehensive requirements for a State-administered
Refugee Resettlement Program (RRP), beginning with the publication on
September 9, 1980 (45 FR 59318) of a regulation governing State plan
and reporting requirements. Subsequent regulations covered cash and
medical assistance and Federal funding, published March 12, 1982 (47 FR
10841); grants to States, child welfare services (including services to
unaccompanied minors), and Federal funding for State expenditures,
published January 30, 1986 (51 FR 3904); and cash and medical
assistance, requirements for employability services, job search, and
employment, and refugee social services published February 3, 1989 (54
FR 5463).
Description of the Regulation
This proposed regulation clarifies some current policies, amends
others, and sets forth regulatory requirements for the targeted
assistance program (TAP).
In recent years, annual refugee admissions have been high,
resulting in an expanding pool of refugees in need of services. As of
September 30, 1993, 1.6 million refugees have been resettled in the
U.S. since 1975. All of these refugees, with the exception of those who
have become U.S. citizens, are eligible to receive refugee program
services. At the same time, the level of funds appropriated for
services has remained essentially unchanged, making it difficult to
serve all refugees in need of services with available resources. It is
not uncommon, for example, for English language training classes,
funded by the refugee program, to have waiting lists so that refugees
who arrive in the country are not able to access English language
training without a delay. Nine major States have indicated that there
are currently waiting lists for refugee services, especially for
English language training, in their States.
We believe the increased demand for services makes it necessary to
sharpen the program's priorities. Resources in the refugee program are
no longer sufficient to provide the level of services needed to assist
refugees for an open-ended period of time to become self-sufficient. We
have learned from experience in the refugee program that the greatest
impact that services can have on a refugee's social adjustment and
economic well-being occurs during a refugee's initial years in the
United States. These initial services often define a refugee's future
experience.
Findings from several studies indicate that comprehensive services,
provided soon after a refugee's arrival in the U.S., increase the
likelihood of early employment. Under commission from ORR in 1992, Dr.
Robert L. Bach, in an examination of data from the Oregon Refugee Early
Employment Project (REEP), found that refugees who received job
services or pre-employment training in the first 90 days reduced the
time to their initial job by almost two months. Dr. Bach's analysis
indicated that each job service provided in the first 90 days increased
the probability of employment by three percent. A study of the Oregon
REEP, conducted by the Refugee Policy Group (RPG) and published in
1989, found that REEP set up client/caseworker ratios that permitted a
staff-intensive approach early in the resettlement experience, an
element which in large part, according to RPG, was crucial to REEP's
achievement of earlier employment. Similarly, performance reported for
the first year of the United States Catholic Conference (USCC) Wilson/
Fish project in San Diego indicated that the project was able to reduce
the average length of time on cash assistance by over two months
through the provision of early comprehensive services aimed at
employment.
After the initial years, we believe the effect of services on the
achievement of economic self-support diminishes significantly. A
report, entitled ``Progress Toward Economic Self-Sufficiency Among
Southeast Asian Refugees'', prepared for ORR in July 1989 by Dr. Robert
L. Bach and Rita Argiros, presented findings, based on an analysis of
data from the ORR Annual Survey of Southeast Asian Refugees, which
underlined the importance of service interventions in the first few
years. Bach and Argiros found that the longer a refugee remains out of
the labor force, the less likely he or she is to begin to search for a
job or find a job in a subsequent year. The most significant move into
the labor force occurs in the first and second years, followed by a
steady decline in the probability of entering the labor force for those
who delayed their initial job search.
We believe it is important, therefore, to target refugee program
resources on the provision of comprehensive refugee-specific services
to refugees during their first few years of resettlement in order to
provide new refugees with the best foundation for economic independence
in the future. We believe that after this initial period of special
assistance, refugees should be treated like other U.S. residents and
have access to the same assistance and service programs that are
available to other eligible populations. Thus we propose to limit
service eligibility for refugee social services to refugees who have
been in the U.S. 36 months (3 years) or less, effective October 1,
1995.
Similarly, we propose to limit service eligibility for the targeted
assistance program to refugees who have been in the U.S. 60 months (5
years) or less, effective on the same date. The relatively longer
eligibility period for targeted assistance clients would provide States
more time to assist longer-term cash assistance recipients towards
economic self-support and would help to mitigate the impact of large
numbers of refugees on localities, while placing a time-limitation on
refugee program participation that is consistent with the 5-year U.S.
residency requirement for U.S. citizenship. Once refugees become U.S.
citizens, they are no longer eligible for services under the refugee
program.
In regard to the provision of refugee social services and targeted
assistance, we believe that States and local entities should be given
greater flexibility to design appropriate service to fit local refugee
needs. The program's emphasis on the provision of employment services
to achieve economic self-support, however, will remain. We are
proposing, however, to eliminate the job search requirements currently
contained in Sec. 400.80 and the requirement contained in Sec. 400.146
that requires a State to use at least 85 percent of its social service
grants to provide employability services if the State's welfare
dependency rate is 55 percent or more.
To ensure that refugees receive maximum benefit and maximum results
from services provided during the proposed time-limited period, it is
essential that services be provided in the most efficacious and
appropriate manner possible. To accomplish this, program experience
dictates that certain principles require greater emphasis in the
provision of services to refugees: (1) Services should be provided in a
manner that is linguistically and culturally compatible with a
refugee's background; (2) refugee-specific services should be provided
through a separate service system during the initial years of
resettlement, rather than through a mainstream system in which refugees
are only one of many client groups served; (3) English language
instruction should be provided in a concurrent, rather than sequential,
time period with employment or with other employment-related services;
and (4) as required by the Refugee Act, refugee women should have the
same opportunities as men to participate in training and instruction.
Under current policy, if a refugee who is receiving refugee medical
assistance becomes ineligible solely because of increased earnings from
employment, the refugee's medical assistance is extended for a period
of 4 months or until the refugee reaches the end of the RMA time-
eligibility period (currently the first 8 months after a refugee's
arrival in the U.S.), whichever occurs first. The distinction between
RMA and extended RMA has caused confusion in some States, with the
effect of extended RMA being inappropriately denied to some eligible
refugees. In addition, current policy generates administrative costs
because eligibility workers need to make separate determinations of
refugee eligibility for extended RMA once a refugee becomes ineligible
due to increased earnings from employment.
In order to alleviate this confusion and to reduce State
administrative burden, we propose to drop the distinction between RMA
and extended RMA by eliminating the extended RMA provision and by
making RMA available to eligible refugees for the full period of time-
eligibility determined by the Director in accordance with Sec. 400.204
beginning with the first month the refugee entered the U.S., regardless
of whether a refugee received increased earnings from employment,
unless the refugee obtains private medical coverage during the RMA
eligibility period.
Thus, under the 8-month eligibility period currently in effect,
once a refugee a refugee is determined to be eligible for RMA at time
of application, the refugee would be able to continue to receive RMA
for a refugee's first 8 months in the U.S. regardless of whether a
refugee receives increased earnings from employment during that period
of time, unless the refugee obtains private medical coverage through
his/her employer or any other source. This provision would replace the
current 4-month extended RMA coverage for employed refugees. We believe
this change will make the administration of RMA less confusing to
States and, therefore, less subject to error than the current extended
RMA provision. At the same time, the proposed change will better ensure
continued medical coverage to refugees for a clearly specified period
of time.
To summarize, the proposed policy changes are intended to: (1)
Ensure that comprehensive refugee-specific services are provided to
both refugee men and women within the first few years after arrival in
the United States for the purpose of accelerating family economic
independence and acculturation; (2) establish a time-eligibility
limitation for the receipt of refugee social services and targeted
assistance services so that funds will be concentrated on recently
arrived refugees to help ensure that employable refugees are placed in
jobs as soon as possible after their arrival in the U.S.; (3) increase
State and local flexibility in the provision of services; and (4)
replace the current 4-month extended RMA provision for employed
refugees with a provision that would make RMA available for the full
period (currently 8 months) of time-eligibility to RMA recipients,
regardless of whether a refugee becomes employed.
In addition, the proposed regulation limits the administrative
costs a State may claim to those costs that are determined to be
reasonable and allowable as defined by the Administration for Children
and Families. This rule also establishes procedures to be used when a
State withdraws from the refugee program. Finally, this rule proposes
to set forth basic requirements for the administration of the targeted
assistance program which has been in operation since FY 1983.
Consistent with the preceding actions, 45 CFR 400.1, 400.2, 400.4,
400.5, 400.9, 400.11, 400.13, 400.62, 400.70, 400.71, 400.75, 400.76,
400.79, 400.80, 400.82, 400.83, 400.94, 400.100, 400.104, 400.106,
400.107, 400.140, 400.141, 400.145, 400.146, 400.147, 400.152, 400.153,
400.154, 400.155, 400.156, 400.203, 400.204, 400.206, 400.207, 400.210,
and subpart K are being amended or removed and a new 400.212 and
subpart L are being added.
Subpart A--Introduction
Section 400.1(a) is amended to provide that 45 CFR Part 400
prescribes requirements concerning grants to States and other public
and private non-profit agencies, wherever applicable, under title IV of
the Immigration and Nationality Act.
Section 400.2 is amended by limiting the definition of case
management services for purposes of 45 CFR part 400 to the referral to
and tracking of refugee participation in employability services.
Subpart B--Grants to States for Refugee Resettlement
Section 400.4(b) is amended to require that a State must certify no
later than 30 days after the beginning of each fiscal year that the
approved State plan is current and continues in effect. If a State
wishes to change its plan, a State is required to submit a proposed
amendment to the plan for ORR review and approval in accordance with
Sec. 400.8.
Section 400.5(h) is revised to expand the types of agencies that a
State must meet with on a quarterly basis to plan and coordinate the
placement of refugees in advance of their arrival. This revision
requires the inclusion of local community service agencies and other
agencies that serve refugees in these quarterly meetings. Section
400.5(h), as revised, also advises States that currently have an
approved exemption to this requirement that existing exemptions will
expire 90 days after the effective date of this rule. Any State wishing
an exemption may apply to ORR. An approved exemption will remain in
effect for three years, at which time a State may reapply. A number of
States were granted exemptions to this requirement in the early years
of the program on the basis of the absence of problems associated with
the planning and coordination of refugee placement or the small number
of refugees in those States. We believe it is time to review these
exemptions, given the passage of time, changing refugee flows, and
changing circumstances in the States. A State wishing to request an
exemption to the provisions regarding the holding or frequency of
meetings under Sec. 400.5(h) must set forth the reasons why the State
considers these meetings unnecessary because of the absence of problems
associated with the planning and coordination of refugee placement.
These requests should be submitted in writing to the Director of ORR.
Section 400.11(b) is amended to clarify that States would be
required to submit yearly estimates for reimbursable costs for cash and
medical assistance, costs for unaccompanied minors, and related
administrative costs for the fiscal year in accordance with guidelines
prescribed by the Director of ORR.
Section 400.11(b)(2) is amended by requiring that the annual social
services plan that a State must submit to ORR must be developed on the
basis of a local consultative process. Section 400.11(b)(2) is also
amended by changing the submission date for the plan from a date that
is no later than 45 days prior to the beginning of the State's planning
cycle for social services to a date that is to be prescribed by the
Director of ORR.
Section 400.11(c) is amended by requiring that final financial
reports must be submitted in accordance with the requirements specified
under Sec. 400.210. The language regarding the submission of quarterly
financial reports remains unchanged; quarterly reports will continue to
be due 30 days after the end of each quarter. Thus States must submit
fourth-quarter reports by October 30 of each year, instead of the
current deadline of December 30 of each year. ORR needs to receive end-
of-year financial data from States soon after the end of the fiscal
year to enable more timely forecasting for the next fiscal year.
Adjustment may continue to be made, under Sec. 400.210, until one year
after the end of the fiscal year in the case of grants for cash
assistance, medical assistance, and related administrative costs, and 2
years in the case of grants for social services and targeted
assistance.
Section 400.13(d) is revised to prohibit the charging of case
management costs against the cash assistance, medical assistance, and
administrative costs (CMA) grant. This revision conforms to priorities
established by ORR in FY 1991.
Subparts E--Refugee Cash Assistance
Section 400.62 is amended to require that refugee cash assistance
(RCA) begin on the same date, in relation to the date of application,
as assistance under the program of aid to families with dependent
children (AFDC) would begin under the State's plan for AFDC. For
example, if a State has opted under its AFDC plan to provide assistance
no later than the date of authorization or 30 days after the receipt of
an application, whichever is earlier, then that same rule will apply
regarding RCA. This provision prohibits a State from adopting this rule
for AFDC but paying assistance retroactive to the date of application
for RCA. This provision thus assures that RCA and AFDC applications and
assistance in a given State are treated equitably.
Subpart F--Requirements for Employability Services, Job Search, and
Employment
Section 400.70 is revised by removing references to refugees who
are applicants or recipients of AFDC or GA.
Section 400.71 is amended by adding a definition of the term
``Family self-sufficiency plan''.
Section 400.75(a)(1) is amended by requiring, as a condition for
receipt of refugee cash assistance, that a refugee who is not exempt
under Sec. 400.76 must participate in employment services within 30
days of receipt of aid.
Section 400.76(a)(7) is amended by exempting from participation in
employment services and acceptance of appropriate employment, a parent
or other caretaker relative of child under age 3, rather than age 6,
who provides full-time care of the child.
Section 400.76(a)(9) is amended by exempting a pregnant woman from
registration and participation in employment services if the child is
expected to be born within the next 6 months, instead of the next 3
months.
The proposed changes in Secs. 400.76 (a)(7) and (a)(9) would make
ORR policy consistent with the requirements of the Job Opportunities
and Basic Skills Training (JOBS) program contained in the Family
Support Act of 1988, Public Law 100-485 (42 U.S.C. 602(a)(19)).
Section 400.79(a) is amended to emphasize that an employability
plan must be developed as part of a family self-sufficiency plan where
applicable for each non-exempted recipient of refugee cash assistance
in a filing unit.
Section 400.80, which contains job search requirements, is removed.
Other references in the regulation to job search at Secs. 400.75(a)(2),
400.76(b), 400.79(c)(3), 400.82, and 400.156(a) are also removed.
Section 400.82(b)(3) is amended by removing the paragraph on
conciliation.
Section 400.83 is amended by inserting the paragraph on
conciliation from Sec. 400.82 and changing the heading to
``Conciliation and fair hearings''.
Subpart G--Refugee Medical Assistance
Section 400.94(a) is amended by clarifying that a State must
determine Medicaid eligibility under its Medicaid State plan for each
individual member of a family unit that applies for medical assistance.
This is to clarify that if any individual in a family unit is eligible
for medical assistance under a State's title XIX plan, then the State
must provide that assistance under Medicaid and not RMA. For example,
under section 1902(a)(10) and 1902(1) of the Social Security Act,
certain children under age 19 who were born after September 30, 1983,
may be eligible for Medicaid even though their parents are eligible for
refugee medical assistance. Assistance may not be provided to such
children under RMA if they are eligible under Medicaid.
Section 400.100(d) is amended to clarify that only those recipients
of refugee cash assistance who are not eligible for Medicaid are
eligible for refugee medical assistance.
Section 400.104 is revised by removing the existing provision for
extended RMA for recipients who receive increased earnings from
employment and replacing it with a provision that would enable RMA
recipients who receive earnings from employment to continue to receive
RMA until they reach the end of their time-eligibility period, in
accordance with Sec. 400.100(b), or until the refugee obtains private
medical coverage, whichever occurs first.
Section 400.106 is amended to clarify that a State may provide
additional medical services to refugees who are determined eligible
under Sec. 400.94 only to the extent that sufficient appropriated funds
are available to enable ORR to reimburse costs for refugee Medicaid
recipients. Beginning in FY 1991, ORR had to cease reimbursements to
States for the costs of assistance to refugee recipients of AFDC, SSI,
and Medicaid due to insufficient appropriated funds. We want to make
clear that additional services under Sec. 400.106 may not be provided
to refugee Medicaid recipients with refugee funding as long as
appropriated funds continue to be insufficient to enable ORR
reimbursements to States for these costs.
Section 400.107 is amended by replacing the words ``health
assessments'' with the words ``medical screening'', the term used in
the INA.
Subpart I--Refugee Social Services
Section 400.140 is amended to clarify that the requirements in
subpart I apply only to formula allocation grants to States.
Section 400.141 is amended by removing references to title XX
social services. We have removed references to title XX services in
this section and in Secs. 400.152, 400.153, and 400.155 in order to
limit the scope of services allowable under refugee social services to
those services that are most in keeping with the goals and priorities
of the refugee program.
Section 400.145 is amended by adding the requirement that a State
must insure that women have the same opportunities as men to
participate in training and instruction.
Section 400.146 is revised by removing the current requirement that
a State must use at least 85 percent of its social service grants to
provide employability services if a State's dependency rate is 55
percent or more and by replacing it with a general requirement that a
State must use its social service grants primarily for employability
services designed to enable refugees to obtain jobs with less than one
year's participation in services in order to achieve economic self-
sufficiency as soon as possible. The proposed revision is intended to
provide States greater flexibility in determining how to best allocate
refugee resources to keeping with refugee service needs. 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.
Section 400.147 is revised by establishing client priorities for
services in the following order of priority: (1) All newly arriving
refugees during their first year in the U.S., who apply for services;
(2) refugees who are receiving cash assistance; (3) unemployed refugees
who are not receiving cash assistance; and (4) employed refugees in
need of services to retain employment or to attain economic
independence.
Section 400.152 is amended by removing references to title XX
services and by revising paragraph (b) to limit the provision of social
services to refugees who have been in the U.S. for 36 months or less,
except that refugees who are receiving employability services, as
defined in Sec. 400.154(a), as of September 30, 1995, as part of an
employability plan, may continue to receive those services through
September 30, 1996, or until the services are completed, whichever
occurs first, regardless of their length of residence in the U.S. As of
the effective date of this requirement, the time-limitation on services
will apply regardless of which fiscal year of funding is used to
provide the services.
Section 400.153 regarding the provision of title XX social services
is removed and reserved.
Section 400.154 is amended to clarify under Sec. 400.154(g) that
day care as an allowable service means day care for children. Section
400.154 is further amended by removing the note after paragraph (j)
which allows case management costs to be charged against the CMA grant;
because of funding limitations, such costs may not currently be charged
against the CMA grant.
Section 400.155(b) is amended to clarify that outreach services may
include activities designed to explain the purpose of available
services and to facilitate access to these services.
Section 400.155(c)(1) is amended to clarify that assessment and
short-term counseling may be provided to families as well as individual
persons.
Section 400.155(d) is amended to clarify that day care as an
allowable service means day care for children.
Section 400.155(f) is amended by stipulating that translation and
interpreter services are allowable when necessary for participation in
a service and when such translation and interpreter services are not
available from any other source.
Section 400.155(g) which permitted the provision of case management
services as an allowable nonemployment-related service is removed. We
believe that the use of refugee program funds should be limited only to
the provision of case management services that are related to the
obtainment of employment.
Section 400.155(h) is redesignated as Sec. 400.155(g) and revised
by removing title XX social services from the list of allowable
services under refugee social services and by adding, as an allowable
service subject to the approval of the Director of ORR, any additional
service aimed at strengthening the ability of refugee individuals,
families, and refugee communities to achieve and maintain economic
self-sufficiency, family stability, and community integration. An
example of an allowable service under this provision would be the
provision of technical assistance and organizational development
training to strengthen the capability of refugee mutual assistance
associations to provide employment-related and other services to
refugees.
Section 400.156 is amended by revising the heading to read
``Service requirements'' and by amending Sec. 400.156(b) to clarify
that, in planning services, States must take into account the reception
and placement (R & P) services provided by resettlement agencies in
order to ensure the provision of seamless, coordinated services to
refugees that are not duplicative. Section 400.156 is also amended by
adding new requirements that States must implement to the maximum
extent feasible: (1) English language instruction must be provided in a
concurrent, rather than sequential, time period with employment or with
other employment-related services; (2) services must be provided
through a separate refugee-specific service system rather than a system
in which refugees are only one of many client groups served; (3)
services must be provided in a manner that is culturally and
linguistically compatible with a refugee's language and cultural
background; and (4) services must be provided in a manner that includes
the use of bilingual/bicultural women on service agency staffs to
ensure adequate service access by refugee women. Providing services in
a manner that is culturally and linguistically compatible means that an
agency providing services funded under this part must employ or
contract with staff who: (1) Speak the native language of and (2) are
either from the same ethnic background as, or are culturally
knowledgeable of, the refugee populations the agency serves.
Subpart J--Federal Funding
Sections 400.203 and 400.204 are amended by clarifying that Federal
funding is available for the cash and medical assistance programs
described in these sections only to the extent that sufficient funds
are appropriated. We have added this clarification in light of the
steady decline in Federal refugee funding for the State share of aid to
families with dependent children (AFDC), supplemental security income
(SSI), Medicaid, and general assistance (GA) which began in FY 1986 and
has resulted since FY 1991 in no ORR reimbursement to States for the
State share of these programs due to insufficient appropriated funds.
Section 400.206 is amended by changing the heading to ``Federal
funding for social services and targeted assistance services'' and by
adding a paragraph on Federal funding for targeted assistance services.
Section 400.207 is revised to clarify that Federal funding is
available for reasonable and identifiable administrative costs of
providing only those assistance and service programs for which Federal
funding is currently made available under the refugee program. Thus
Federal funding under 45 CFR part 400 is not available at this time for
administrative costs related to the provision of AFDC, Medicaid, GA, or
SSI to refugees. This section is further revised to limit the
administrative costs that a State may claim to those costs that are
determined to be reasonable and allowable as defined by the
Administration for Children and Families.
Section 400.210 is revised to clarify time limits for obligating
and expending funds as well as for submitting final financial reports
on expenditures of CMA grants and social service and targeted
assistance grants.
Subpart J is amended to prohibit the use of funds under this part
for travel outside the United States, without the written approval of
the Director.
Subpart K--Waivers
Subpart K is amended by revising the heading to read ``Waivers and
Withdrawals'' and by revising Sec. 400.300 to allow for a more flexible
waiver policy in keeping with Executive Order No. 12875, issued on
October 26, 1993, which calls for increased flexibility for State and
local waivers. In addition, a new Sec. 400.301 is added which requires
that if a State decides to cease participation in the refugee program,
the State must provide 120 days advance notice to the Director before
withdrawing from the program. Section 400.301 clarifies that in order
to participate in the refugee program, a State is expected to operate
all components of the refugee program. In the event that a State wishes
to retain responsibility for only part of the refugee program, it must
obtain prior approval from the Director of ORR. Such approval will be
granted only under extraordinary circumstances and if it is in the best
interest of the Government. Section 400.301 also provides that when a
State withdraws from all or part of the refugee program, the Director
may authorize a replacement designee or designees to administer the
provision of assistance and/or services, as appropriate, to refugees in
that State. Pursuant to the statutory authority in 412(c)(1)(A) and
412(e)(1) of the INA to provide grants to, and contracts with, public
or private nonprofit agencies for services, cash assistance, and
medical assistance to refugees, the Director may authorize a designee
to administer the refugee program in place of a State when the State
chooses not to participate in the refugee program. This authority is
different from the statutory authority in 412(e)(7) of the INA which
permits the Director to authorize the development and implementation of
alternative projects under the Fish/Wilson program.
Subpart L--Targeted Assistance
Section 400.310 establishes that the basis and scope of this
subpart is to set forth requirements concerning grants to States under
12(c)(2) of the INA for targeted assistance.
Section 400.311 establishes a definition for ``targeted assistance
grants''.
Section 400.312 requires that a State must provide any individual
wishing to do so an opportunity to apply for targeted assistance
services and determine the eligibility of each applicant.
Section 400.313 requires that a State must use its targeted
assistance grant primarily for employability services designed to
enable refugees to obtain jobs with less than one year's participation
in the targeted assistance program in order to achieve economic self-
sufficiency as soon as possible. Targeted assistance 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. Targeted assistance
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.
Section 400.314 establishes client priorities for targeted
assistance services in the following order of priority: (1) Cash
assistance recipients, particularly long-term recipients; (2)
unemployed refugees who are not receiving cash assistance; and (3)
employed refugees in need of services to retain employment or to attain
economic independence.
Section 400.315 establishes that the same standards and criteria
that are applied in the determination of eligibility for refugee social
services under Secs. 400.150 and 400.152(a) shall be applied in the
determination of eligibility for targeted assistance services. Section
400.315 limits the provision of targeted assistance services to
refugees who have been in the U.S. for 60 months or less, except that
refugees who are receiving employability services, as defined in
Sec. 400.316, as of September 30, 1995, as part of an employability
plan, may continue to receive those services through September 30,
1996, or until the services are completed, whichever occurs first,
regardless of their length of residence in the U.S. As of the effective
date of this requirement, the time-limitation on services will apply
regardless of which fiscal year of funding is used to provide the
services.
Section 400.316 establishes that a State may provide the same scope
of services under targeted assistance as may be provided under refugee
social services under Secs. 400.154 and 400.155, with the exception of
Sec. 40Sec. .155(g). Since the purpose of the targeted assistance
program is to direct resources to localities that have large refugee
populations and high use of public assistance by refugees, our intent
is to focus the use of targeted assistance funds on employability
services aimed at economic self-sufficiency, while providing States and
counties some flexibility to use the funds for nonemployment-related
services. Thus, we have included the nonemployment-related services
that are allowable under Sec. 400.155, but have not included the new
category of services that has been added under Sec. 400.155(g), which
includes services to strengthen family and community.
Section 400.317 establishes that a State must adhere to the same
limitations and restrictions in the provision of targeted assistance
services as are applied to the provision of refugee social services
under Sec. 400.156.
Section 400.318 establishes that eligible grantees under the
targeted assistance program are those agencies of State governments
which are responsible for the refugee program under Sec. 400.5 in
States containing counties which qualify for targeted assistance
awards. Section 400.318 also establishes that the use of targeted
assistance funds for services to Cuban and Haitian entrants is limited
to States which have an approved State plan under the Cuban/Haitian
Entrant Program (CHEP).
Section 400.319 establishes that a State with more than one
qualifying targeted assistance county may allocate its targeted
assistance funds differently from the formula allocations for counties
presented in the ORR targeted assistance notice in a fiscal year, only
on the basis of its population of refugees who arrived in the U.S.
during the most recent 5-year period. Section 400.319 also establishes
that a State must assure that not less than 95 percent of the total
award to the State is made available to the qualified county or
counties, except in those cases where the qualified county or counties
have agreed to let the State administer the targeted assistance program
in the county's stead.
Proposed Effective Dates
The anticipated effective date for Secs. 400.152(b), 400.315(b),
and 400.319(a) is October 1, 1995, while the anticipated effective date
for all other sections is October 1, 1994.
Regulatory Procedures
Executive Order 12866
Executive Order 12866 requires that regulations be reviewed to
ensure that they are consistent with the priorities and principles set
forth in the Executive Order. The Department has determined that this
rule is consistent with these priorities and principles. An assessment
of the costs and benefits of available regulatory alternatives
(including not regulating) demonstrated that the approach taken in the
regulation is the most cost-effective and least burdensome while still
achieving the regulatory objectives.
Paperwork Reduction Act
This rule does not contain collection-of-information requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act (Pub. L. No. 96-354) requires the
Federal government to anticipate and reduce the impact of regulations
and paperwork requirements on small entities. The primary impact of
these rules is on State governments and individuals. Therefore, we
certify that these rules will not have a significant impact on a
substantial number of small entities because they affect benefits to
individuals and payments to States. Thus, a regulatory flexibility
analysis is not required.
Statutory Authority
Section 412(a)(9) of the Immigration and Nationality Act, 8 U.S.C.
1522(a)(9), authorizes the Secretary of HHS to issue regulations needed
to carry out the program.
(Catalogue of Federal Domestic Programs: 93.566, Refugee and Entrant
Assistance--State-Administered Programs)
List of Subjects in 45 CFR Part 400
Grant programs--social programs, Health care, Public assistance
programs, Refugees, Reporting and record keeping requirements.
Dated: May 17, 1994.
Mary Jo Bane,
Assistant Secretary for Children and Families.
Approved: July 15, 1994.
Donna E. Shalala,
Secretary, Department of Health and Human Services.
For reasons set forth in the preamble, 45 CFR part 400 is proposed
to be amended as follows:
PART 400--REFUGEE RESETTLEMENT PROGRAM
1. The authority citation for part 400 continues to read as
follows:
Authority: Section 412(a)(9), Immigration and Nationality Act (8
U.S.C. 1522(a)(9)).
Sec. 400.1 [Amended]
2. Section 400.1(a) is amended by adding the words ``and other
public and private non-profit agencies, wherever applicable'' after the
word ``States''.
Sec. 400.2 [Amended]
3. Section 400.2 is amended by amending the definition of ``Case
management services'' by adding the word employability'' after the word
``which'' and before the word ``service(s)'' and by removing the word
``to'' after the word ``refer''.
4. Section 400.4(b) is revised to read as follows:
Sec. 400.4 Purpose of the plan.
* * * * *
(b) A State must certify no later than 30 days after the beginning
of each Federal fiscal year that the approved State plan is current and
continues in effect. If a State wishes to change its plan, a State must
submit a proposed amendment to the plan. The proposed amendment will be
reviewed and approved or disapproved in accordance with Sec. 400.8.
5. Section 400.5(h) is revised to read as follows:
Sec. 400.5 Content of the plan.
* * * * *
(h) Provide that the State will, unless exempted from this
requirement by the Director, assure that meetings are convened, not
less often than quarterly, whereby representatives of local affiliates
of voluntary resettlement agencies, local community service agencies,
and other agencies that serve refugees meet with representatives of
State and local governments to plan and coordinate the appropriate
placement of refugees in advance of the refugees' arrival. All existing
exemptions to this requirement will expire 90 days after the effective
date of this rule. Any State that wishes to be exempt from the
provisions regarding the holding and frequency of meetings may apply by
submitting a written request to the Director. The request must set
forth the reasons why the State considers these meetings unnecessary
because of the absence of problems associated with the planning and
coordination of refugee placement. An approved exemption will remain in
effect for three years, at which time is a State may reapply.
* * * * *
Sec. 400.9 [Amended]
6. Section 400.9(g) is amended to correct the spelling of the word
``initiable'' to ``initial''.
Sec. 400.11 [Amended]
7. Section 400.11(b)(1) is amended by removing the words ``on a
form'' after the word ``year'' at the and of the paragraph and adding
in their place the words ``in accordance with guidelines''.
8. Section 400.11(b)(2) is amended by adding the words ``developed
on the basis of a local consultative process'' after the work ``plan''
and by removing the words ``no later than 45 days prior to the
beginning of the State's annual planning cycle for social services' and
inserting the words ``and at a time'' after the word ``form.''
9. Section 400.11(c) is amended by adding a period ``.'' after the
word quarter, removing the remainder of the sentence, beginning with
the word ``except'' and ending with the word ``year'', and replacing it
with a new sentence that reads as follows: ``Final financial reports
must be submitted in accordance with the requirements descried in
Sec. 400.210.''
Sec. 400.13 [Amended]
10. Section 400.13(a) is amended by adding the words ``Refugee
Resettlement Program'' before the word ``RRP'' and placing the word
``RRP'' in parentheses.
11. Section 400.13(d) is revised to read as follows:
Sec. 400.13 Cost allocation.
* * * * *
(d) Cost of case management services, as defined in Sec. 400.2, may
not be charged to the CMA grant.
12. Section 400.62 is amended by adding a new paragraph (c) to read
as follows:
Sec. 400.62 Need standards and payment levels.
* * * * *
(c) The date refugee cash assistance begins must be the same date,
in relation to the date of application, as assistance would begin under
a State's plan for AFDC under Sec. 206.10(a)(6) of this title.
13. The heading of subpart F is revised to read as follows:
Subpart F--Requirements for Employability Services and Employment
14. Section 400.70 is revised to read as follows:
Sec. 400.70 Basis and scope.
This subpart sets forth requirements for applicants for and
recipients of refugee cash assistance concerning registration for
employment services, participation in social services or targeted
assistance, and acceptance of appropriate employment under section
412(e)(2)(A) of the Act. A refugee who is an applicant for or recipient
of refugee cash assistance must comply with the requirements in this
subpart.
Sec. 400.71 [Amended]
15. Section 400.71 is amended by alphabetically adding the
definition for the term ``family self-sufficiency plan'' to read as
follows:
* * * * *
Family self-sufficiency plan means a plan that addresses the
employment-related service needs of the employable members in a family
for the purpose of enabling the family to become self-supporting
through the employment of one or more family members.
* * * * *
Sec. 400.75 [Amended]
16. Section 400.75(a)(1) is amended by adding the words ``,within
30 days of receipt of aid,'' after the word ``and''. Section
400.75(a)(2) is removed and paragraphs (a)(3), (a)(4), (a)(5), (a)(6),
and (a)(7) are redesignated as paragraphs (a)(2), (a)(3), (a)(4),
(a)(5), and (a)(6), respectively.
17. Section 400.76 is amended by revising paragraph (a)(7) to read
as follows:
Sec. 400.76 Criteria for exemption from registration for employment
services, participation in employability service programs, and
acceptance of appropriate offers of employment.
(a) * * *
(7) A parent or other caretaker relative of a child under age 3 who
personally provides full-time care of the child with only very brief
and infrequent absences from the child. Only one parent or other
relative in a case may be exempt under this paragraph.
* * * * *
18. Section 400.76(a)(9) is amended by removing the number ``3''
and adding in its place the number ``6''.
19. Section 400.76(b) is amended by removing the words ``carrying
out job search,'' after the word ``programs,''.
Sec. 400.79 [Amended]
20. Section 400.79(a) is amended by adding the words ``as part of
the family self-sufficiency plan where applicable'' after the words
``must be developed'' and by adding the words ``in a filing unit''
after the words ``refugee cash assistance''.
21. Section 400.78(c)(3) is removed.
Sec. 400.80 [Amended]
22. Section 400.80 and the undesignated centerhead immediately
preceding it are removed.
Sec. 400.82 [Amended]
23. The heading in Sec. 400.82 and the undesignated centerhead
immediately preceding it are amended by removing the words ``to carry
out job search or'' after the word ``refusal''.
24. Section 400.82(a) is amended by removing the words ``to carry
out job search,'' after the word ``services,''.
25. Section 400.82 is amended by removing paragraph (b)(3)(iii).
Sec. 400.83 [Amended]
26. Section 400.83 is amended by adding the words ``Conciliation
and fair'' before the word ``hearings'' in the heading.
27. Section 400.83 is amended by redesignating the current text as
paragraph (b) and by adding a new paragraph (a) to read as follows:
Sec. 400.83 Conciliation and fair hearings.
(a) A conciliation period prior to the imposition of sanctions must
be provided for in accordance with the following time-limitations: The
conciliation effort shall begin as soon as possible, but no later than
10 days following the date of failure or refusal to participate, and
may continue for a period not to exceed 30 days. Either the State or
the recipient may terminate this period sooner when either believes
that the dispute cannot be resolved by conciliation.
* * * * *
Sec. 400.94 [Amended]
28. Section 400.94(a) is amended by removing the words ``refugees
who apply'' and adding in their place the words ``each individual
member of a family unit that applies'' before the words ``for medical
assistance''.
Sec. 400.100 [Amended]
29. Section 400.100(d) is amended by adding the words ``who are not
eligible for Medicaid'' after the words ``cash assistance''.
30. Section 400.104 is revised to read as follows:
Sec. 400.104 Continued coverage of recipients who receive increased
earnings from employment.
If a refugee who is receiving refugee medical assistance receives
increased earnings from employment, the increased earnings shall not
affect the refugee's continued medical assistance eligibility. The
refugee shall continue to receive refugee medical assistance until he/
she reaches the end of his or her time-eligibility period for refugee
medical assistance, in accordance with Sec. 400.100(b), or until the
refugee obtains private medical coverage, whichever occurs first.
Sec. 400.106 [Amended]
31. Section 400.106 is amended by adding the words ``only to the
extent that sufficient funds are appropriated,'' after the words
``Secs. 400.94.''.
Sec. 400.107 [Amended]
32. The heading in Sec. 400.107 is amended by removing the words
``Health assessments'' and adding in their place the words ``Medical
screening''.
33. Section 400.107(a) is amended by removing the words ``a health
assessment'' and adding in their place the words ``medical screening''
and by replacing the word ``assessment'' with the word ``screening''
each time the word ``assessment'' is used.
Sec. 400.140 [Amended]
34. Section 400.140 is amended by adding the words ``formula
allocation'' before the word ``grants''.
Sec. 400.141 [Amended]
35. Section 400.141 is amended by removing the words ``any title XX
social service as defined below or'' from the definition of Refugee
Social Services and by removing the definition of title XX social
services.
36. Section 400.145 is amended by adding a new paragraph (c) that
reads as follows:
Sec. 400.145 Opportunity to apply for services.
* * * * *
(c) A State must insure that women have the same opportunities as
men to participate in training and instruction.
37. Section 400.146 is revised to read as follows:
Sec. 400.146 Use of funds.
The State must use its social service grants primarily for
employability services designed to enable refugees to obtain jobs with
less than one year's participation 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.
38. Section 400.147 is revised to read as follows:
Sec. 400.147 Priority in provision of services.
A State must plan its social service program and allocate its
social service funds in such a manner that services are provided to
refugees in the following order of priority:
(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.
Sec. 400.152 [Amended]
39. Section 400.152 is amended by removing the word ``specific'' in
the heading.
40. Section 400.152(b) is revised to read as follows:
Sec. 400.152 Limitations on eligibility for services.
* * * * *
(b) A State may not provide services under this subpart to refugees
who have been in the United States for more than 36 months, except that
refugees who are receiving employability services, as defined in
Sec. 400.154, as of September 30, 1995, as part of an employability
plan, may continue to receive those services through September 30,
1996, or until the services are completed, whichever occurs first,
regardless of their length of residence in the U.S.
Sec. 400.153 [Removed and reserved]
41. Section 400.153 is removed and reserved.
Sec. 400.154 [Amended]
42. Section 400.154(g) is amended by adding the words ``for
children'' after the words ``Day care''.
43. Section 400.154 is amended by removing the note after paragraph
(j).
Sec. 400.155 [Amended]
44. Section 400.155(b) is amended by adding the words ``, to
explain the purpose of these services, and facilitate access to these
services'' after the words ``available services'' at the end of the
paragraph.
45. Section 400.155(c)(1) is amended by adding the words ``or
families'' after the word ``persons'' and before the word ``in''.
46. Section 400.155(d) is amended by adding the words ``for
children'' after the words ``Day care''.
47. Section 400.155(d) is revised to read as follows:
* * * * *
(f) Translation and interpreter services, when necessary for
participation in a service and when translation and interpreter
services are not available from any other source.
48. Section 400.155(g) is removed.
49. Section 400.15(h) is redesignated as paragraph (g) and is
revised to read as follows:
* * * * *
(g) Any additional service, upon submission to and approval by the
Director of ORR, aimed at strengthening and supporting the ability of a
refugee individual, family, or refugee community to achieve and
maintain economic self-sufficiency, family stability, or community
integration which has been demonstrated as effective and is not
available from any other funding source.
Sec. 400.156 [Amended]
50. Section 400.156 is amended by revising the heading to read as
follows:
Sec. 400.156 Service requirements.
51. Section 400.156(a) is amended by removing the words ``job
search and'' after the word ``refugee''.
52. Section 400.156(b) is amended by removing the words ``and not
duplicate the provision of such services to such refugee'' after the
word ``sponsors'' and adding in their place the words ``in order to
ensure the provision of seamless, coordinated services to refugees that
are not duplicative''.
53. Section 400.156 is amended by adding new paragraphs (c), (d),
(e), and (f) that read as follows:
Sec. 400.156 Service requirements.
* * * * *
(c) English language instruction funded under this part must be
provided in a concurrent, rather than sequential, time period, with
employment or with other employment-related services, to the maximum
extent feasible.
(d) In keeping with paragraph (e) of this section, services funded
under this part must be provided, to the maximum extent feasible,
through a separate refugee-specific service system rather than a system
in which refugees are only one of many client groups served.
(e) Services funded under this part 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.
(f) Services funded under this part 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.
Sec. 400.203 [Amended]
54. Section 400.203 is amended by adding the words ``To the extent
that sufficient funds are appropriated,'' before the words ``Federal
funding'' at the beginning of paragraphs (a) and (c).
Sec. 400.204 [Amended]
55. Section 400.204 is amended by adding the words ``To the extent
that sufficient funds are appropriated,'' before the words ``Federal
funding'' at the beginning of paragraphs (a) and (c).
56. Section 400.206 is amended by adding the words ``and targeted
assistance services'' at the end of the heading, by designating the
existing paragraph as paragraph (a), and by adding a new paragraph (b)
to read as follows:
Sec. 400.206 Federal funding for social services and targeted
assistance services.
(a) * * *
(b) Federal funding is available for targeted assistance services
as set forth in subpart L of this part, including reasonable and
necessary identifiable State administrative costs of providing such
services, not to exceed 5 percent of the total targeted assistance
award to the State.
57. Section 400.207 is revised to read as follows:
Sec. 400.207 Federal funding for administrative costs.
Federal funding is available for reasonable and necessary
identifiable administrative costs of providing assistance and services
under this part only for those assistance and service programs set
forth in Secs. 400.203 through 400.205 for which Federal funding is
currently made available under the refugee program. A State may claim
only those costs that are determined to be reasonable and allowable as
defined by the Administration for Children and Families. Such costs may
be included in a State's claims against its quarterly grants for the
purposes set forth in Secs. 400.203 through 400.205 of this part.
58. Section 400.210 is revised to read as follows:
Sec. 400.210 Time limits for obligating and expending funds and for
filing State claims.
Federal funding is available for a State's expenditures for
assistance and services to eligible refugees for which the following
time limits are met:
(a) CMA grants, as described at Sec. 400.11(a)(1) of this part:
(1) Except for services for unaccompanied minors, a State must use
its CMA grants for costs attributable to the Federal fiscal year (FFY)
in which the Department awards the grants. With respect to CMA funds
used for services for unaccompanied minors, the State may contract for
such services to be provided during a period extending up to 9 months
after the FFY in which the Department awards the funds.
(2) A State's final financial report on expenditures of CMA grants
must be received no later than one year after the end of the FFY in
which the Department awarded the grant. At that time, the Department
will deobligate any unexpended funds, including any unliquidated
obligations.
(b) Social service grants and targeted assistance grants, as
described, respectively, at Secs. 400.11(a)(2) and 400.311 of this
part:
(1) A State must obligate its social service and targeted
assistance grants no later than one year after the end of the FFY in
which the Department awards the grant.
(2) A State's final financial report on expenditures of social
service and targeted assistance grants must be received no later than
two years after the end of the FFY in which the Department awarded the
grant. At that time, the Department will deobligate any unexpended
funds, including any unliquidated obligations.
Subpart J--[Amended]
59. Subpart J is amended by adding a new Sec. 400.212 that reads as
follows:
Sec. 400.212 Restrictions in the use of funds.
Federal funding under this part is not available for travel outside
the United States without the written approval of the Director.
60. The heading of Subpart K is revised to read as follows:
Subpart K--Waivers and Withdrawals
61. Subpart K is amended by revising Sec. 400.300 and adding a new
Sec. 400.301, that read as follows:
Sec. 400.300 Waivers.
If a State wishes to apply for a waiver of a requirement of this
part, the Director may waive such requirement with respect to such
State, unless required by statute, if the Director determines that such
waiver will advance the purposes of this part and is appropriate and
consistent with Federal refugee policy objectives. To the fullest
extent practicable, the Director will approve or disapprove an
application for a waiver within 130 days of receipt of such
application. The Director shall provide timely written notice of the
reasons for denial to States whose applications are disapproved.
Sec. 400.301 Withdrawal from the refugee program.
(a) In the event that a State decides to cease participation in the
refugee program, the State must provide 120 days advance notice to the
Director before withdrawing from the program.
(b) To participate in the refugee program, a State is expected to
operate all components of the refugee program, including refugee cash
and medical assistance, social services, preventive health, and an
unaccompanied minors program if appropriate. A State is also expected
to play a coordinating role in the provision of assistance and services
in accordance with Sec. 400.5(b). In the event that a State wishes to
retain responsibility for only part of the refugee program, it must
obtain prior approval from the Director of ORR. Such approval will be
granted only under extraordinary circumstances and if it is in the best
interest of the Government.
(c) When a State withdraws from all or part of the refugee program,
the Director may authorize a replacement designee or designees to
administer the provision of assistance and services, as appropriate, to
refugees in that State.
62. Part 400 is amended by adding a new subpart L, that reads as
follows:
Subpart L--Targeted Assistance
Sec.
400.310 Basis and scope.
400.311 Definitions.
400.312 Opportunity to apply for services.
Funding and Service Priorities
400.313 Use of funds.
400.314 Priority in provision of services.
400.315 General eligibility requirements.
400.316 Scope of targeted assistance services.
400.317 Service requirements.
400.318 Eligible Grantees.
400.319 Allocation of funds.
Subpart L--Targeted Assistance
Sec. 400.310 Basis and scope.
This subpart sets forth requirements concerning grants to States
under section 412(c)(2) of the Act for targeted assistance.
Sec. 400.311 Definitions.
For purposes of this subpart--
Targeted assistance grants means formula allocation funding to
States for assistance to counties and similar areas in the States
where, because of factors such as unusually large refugee populations
(including secondary migration), high refugee concentrations, and high
use of public assistance by refugees, there exists and can be
demonstrated a specific need for supplementation of available resources
for services to refugees.
Sec. 400.312 Opportunity to apply for services.
A State must provide any individual wishing to do so an opportunity
to apply for targeted assistance services and determine the eligibility
of each applicant.
Funding and Service Priorities
Sec. 400.313 Use of funds.
A State must use its targeted assistance funds primarily for
employability services designed to enable refugees to obtain jobs with
less than one year's participation in the targeted assistance program
in order to achieve economic self-sufficiency as soon as possible.
Targeted assistance 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. Targeted assistance 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.
Sec. 400.314 Priority in provision of services.
A State must plan its targeted assistance program and allocate its
targeted assistance funds in such a manner that services are provided
to refugees in the following order of priority:
(a) Cash assistance recipients, particularly long-term recipients;
(b) Unemployed refugees who are not receiving cash assistance; and
(c) Employed refugees in need of services to retain employment or
to attain economic independence.
Sec. 400.315 General eligibility requirements.
(a) For purposes of determining eligibility of refugees for
services under this subpart, the same standards and criteria shall be
applied as are applied in the determination of eligibility for refugee
social services under Secs. 400.150 400.152(a).
(b) A State may not provide services under this subpart to refugees
who have been in the United States for more than 60 months, except that
refugees who are receiving employability services, as defined in
Sec. 400.316, as of September 30, 1995, as part of an employability
plan, may continue to receive those services through September 30,
1996, or until the services are completed, whichever occurs first,
regardless of their length of residence in the U.S.
Sec. 400.316 Scope of targeted assistance services.
A State may provide the same scope of services under this subpart
as may be provided to refugees under Secs. 400.154 and 400.155, with
the exception of Sec. 400.155(g).
Sec. 400.317 Service requirements.
In providing targeted assistance services to refugees, a State must
adhere to the same requirements as are applied to the provision of
refugee social services under Sec. 400.156.
Sec. 400.318 Eligible grantees.
Eligible grantees are those agencies of State governments which are
responsible for the refugee program under 45 CFR 400.5 in States
containing counties which qualify for targeted assistance awards. The
use of targeted assistance funds for services to Cuban and Haitian
entrants is limited to States which have an approved State plan under
the Cuban/Haitian Entrant Program (CHEP).
Sec. 400.319 Allocation of funds.
(a) A State with more than one qualifying targeted assistance
county may allocate its targeted assistance funds differently from the
formula allocations for counties presented in the ORR targeted
assistance notice in a fiscal year only on the basis of its population
of refugees who arrived in the U.S. during the most recent 5-year
period.
(b) a State must assure that not less than 95 percent of the total
award to the State is made available to the qualified county or
counties, except in those cases where the qualified county or counties
have agreed to let the State administer the targeted assistance program
in the county's stead.
[FR Doc. 94-10710 Filed 8-11-94; 8:45 am]
BILLING CODE 4184-01-M
