[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Notices]
[Pages 20268-20272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11146]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Refugee Resettlement


Refugee Resettlement Program: Proposed Allocations to States of 
FY 1996 Funds for Refugee Social Services

AGENCY: Office of Refugee Resettlement (ORR), ACF, HHS.

ACTION: Notice of proposed allocations to States of FY 1996 funds for 
refugee \1\ social services.
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    \1\ In addition to persons who meet all requirements of 45 CFR 
400.43, ``Requirements for documentation of refugee status,'' 
eligibility for refugee social services also includes: (1) Cuban and 
Haitian entrants, under section 501 of the Refugee Education 
Assistance Act of 1980 (Pub. L. 96-422); (2) certain Amerasians from 
Vietnam who are admitted to the U.S. as immigrants under section 584 
of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1988, as included in the FY 1988 Continuing 
Resolution (Pub. L. 100-202); and (3) certain Amerasians from 
Vietnam, including U.S. citizens, under title II of the Foreign 
Operations, Export Financing, and Related Programs Appropriations 
Acts, 1989 (Pub. L. 100-461), 1990 (Pub. L. 101-167), and 1991 (Pub. 
L. 101-513). For convenience, the term ``refugee'' is used in this 
notice to encompass all such eligible persons unless the specific 
context indicates otherwise.
    Refugees admitted to the U.S. under admissions numbers set aside 
for private-sector-initiative admissions are not eligible to be 
served under the social service program (or under other programs 
supported by Federal refugee funds) during their period of coverage 
under their sponsoring agency's agreement with the Department of 
State--usually two years from their date of arrival or until they 
obtain permanent resident alien status, whichever comes first.

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[[Page 20269]]

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SUMMARY: This notice announces the proposed allocations to States of FY 
1996 funds for social services under the Refugee Resettlement Program 
(RRP). In the final notice, allocation amounts could be adjusted 
slightly based on final adjustments in FY 1995 arrivals in some States. 
This notice reflects the new social service provisions in the final 
rule published in the Federal Register on June 28, 1995, (60 FR 33584) 
which became effective October 1, 1995. This notice discontinues the 
special discretionary funds set-aside for services to former political 
prisoners from Vietnam.

EFFECTIVE DATE: Comments on the proposed allocations contained in this 
notice must be received by June 5, 1996.

ADDRESSES: Address written comments, in duplicate, to: Toyo A. Biddle, 
Office of Refugee Resettlement, Administration for Children and 
Families, 370 L'Enfant Promenade, SW., Washington, DC 20447.

FOR FURTHER INFORMATION CONTACT: Toyo Biddle (202) 401-9250.

SUPPLEMENTARY INFORMATION:

I. Amounts Proposed For Allocation

    The Office of Refugee Resettlement (ORR) has available $80,802,000 
in FY 1996 refugee social service funds as part of the FY 1996 
appropriation for the Department of Health and Human Services (Pub. L. 
104-134).
    Of the total of $80,802,000, the Director of ORR proposes to make 
available to States $68,681,700 (85%) under the allocation formula set 
out in this notice. These funds would be made available for the purpose 
of providing social services to refugees. We are discontinuing in FY 
1996 the special $2,000,000 discretionary funds set-aside for services 
to former political prisoners from Vietnam. However, ORR expects States 
to address the special needs of former political prisoners from Vietnam 
through their regular refugee social service funds as part of the 
States' 5-year eligible service population.

Refugee Social Service Funds

    The population figures for the social service allocation include 
refugees, Cuban/Haitian entrants, and Amerasians from Vietnam since 
these populations may be served through funds addressed in this notice. 
(A State must, however, have an approved State plan for the Cuban/
Haitian Entrant Program or indicate in its refugee program State plan 
that Cuban/Haitian entrants will be served in order to use funds on 
behalf of entrants as well as refugees.)
    The Director proposes to allocate $68,681,700 to States on the 
basis of each State's proportion of the national population of refugees 
who had been in the U.S. 3 years or less as of October 1, 1995 
(including a floor amount for States which have small refugee 
populations).
    The use of the 3-year population base in the allocation formula is 
required by section 412(c)(1)(B) of the Immigration and Nationality Act 
(INA) which states that the ``funds available for a fiscal year for 
grants and contracts [for social services] * * * shall be allocated 
among the States based on the total number of refugees (including 
children and adults) who arrived in the United States not more than 36 
months before the beginning of such fiscal year and who are actually 
residing in each State (taking into account secondary migration) as of 
the beginning of the fiscal year.''
    As established in the FY 1991 social services notice published in 
the Federal Register of August 29, 1991, section I, ``Allocation 
Amounts'' (56 FR 42745), a variable floor amount for States which have 
small refugee populations is calculated as follows: If the application 
of the regular allocation formula yields less than $100,000, then--
    (1) a base amount of $75,000 is provided for a State with a 
population of 50 or fewer refugees who have been in the U.S. 3 years or 
less; and
    (2) for a State with more than 50 refugees who have been in the 
U.S. 3 years or less: (a) A floor has been calculated consisting of 
$50,000 plus the regular per capita allocation for refugees above 50 up 
to a total of $100,000 (in other words, the maximum under the floor 
formula is $100,000); (b) if this calculation has yielded less than 
$75,000, a base amount of $75,000 is provided for the State.
    ORR has consistently supported floors for small States in order to 
provide sufficient funds to carry out a minimum service program. Given 
the range in numbers of refugees in the small States, we have concluded 
that a variable floor, as established in the FY 1991 notice, will be 
more reflective of needs than previous across-the-board floors.
    The $12,120,300 in remaining social service funds (15% of the total 
funds available) is expected to be used by ORR on a discretionary basis 
to provide funds for individual projects intended to contribute to the 
effectiveness and efficiency of the refugee resettlement program. Grant 
announcements on discretionary initiatives will be issued separately.

Population to be Served

    Although the allocation formula is based on the 3-year refugee 
population, in accordance with the current requirements of 45 CFR Part 
400 Subpart I--Refugee Social Services, States are not required to 
limit social service programs to refugees who have been in the U.S. 
only 3 years. However, effective October 1, 1995, under new regulations 
published in the Federal Register on June 28, 1995, (60 FR 33584), 
States may not provide services funded by this notice, except for 
referral and interpreter services, to refugees who have been in the 
United States for more than 60 months (5 years). States may, however, 
continue to provide employability services through September 30, 1996, 
or until the services are completed, whichever occurs first, to 
refugees who have been in the U.S. for more than 60 months, who were 
receiving employability services, as defined in Sec. 400.154, as of 
September 30, 1995, as part of an employability plan.
    In accordance with Sec. 400.147, States are required to provide 
services to refugees in the following order of priority, except in 
certain individual extreme circumstances: (a) All newly arriving 
refugees during their first year in the U.S., who apply for services; 
(b) refugees who are receiving cash assistance; (c) unemployed refugees 
who are not receiving cash assistance; and (d) employed refugees in 
need of services to retain employment or to attain economic 
independence.
    ORR funds may not be used to provide services to United States 
citizens, since they are not covered under the authorizing legislation, 
with the following exceptions: (1) Under current regulations at 45 CFR 
400.208, services may be provided to a U.S.-born minor child in a 
family in which both parents are refugees or, if only one

[[Page 20270]]

parent is present, in which that parent is a refugee; and (2) under the 
FY 1989 Foreign Operations, Export Financing, and Related Programs 
Appropriations Act (Pub. L. 100-461), services may be provided to an 
Amerasian from Vietnam who is a U.S. citizen and who enters the U.S. 
after October 1, 1988.

Service Priorities

    Refugee social service funding should be used to assist refugee 
families to achieve economic independence. To this end, States are 
required to ensure that a coherent family self-sufficiency plan is 
developed for each eligible family that addresses the family's needs 
from time of arrival until attainment of economic independence. (See 
Secs. 400.79 and 400.156(g).) Each family self-sufficiency plan should 
address a family's needs for both employment-related services and other 
needed social services. The family self-sufficiency plan must include: 
(1) A determination of the income level a family would have to earn to 
exceed its cash grant and move into self-support without suffering a 
monetary penalty; (2) a strategy and timetable for obtaining that level 
of family income through the placement in employment of sufficient 
numbers of employable family members at sufficient wage levels; and (3) 
employability plans for every employable member of the family.
    Reflecting section 412(a)(1)(A)(iv) of the INA, and in keeping with 
Sec. 400.145, States must ensure that women have the same opportunities 
as men to participate in all services funded under this notice, 
including job placement services. In addition, services must be 
provided to the maximum extent feasible in a manner that includes the 
use of bilingual/bicultural women on service agency staffs to ensure 
adequate service access by refugee women. The Director also strongly 
encourages the inclusion of refugee women in management and board 
positions in agencies that serve refugees. In order to facilitate 
refugee self-support, the Director also expects States to implement 
strategies which address simultaneously the employment potential of 
both male and female wage earners in a family unit, particularly in the 
case of large families. States are expected to make every effort to 
assure the availability of day care services for children in order to 
allow women with children the opportunity to participate in employment 
services or to accept or retain employment. To accomplish this, day 
care may be treated as a priority employment-related service under the 
refugee social services program. Refugees who are participating in 
employment services or have accepted employment are eligible for day 
care services for children. For an employed refugee, day care funded by 
refugee social service dollars should be limited to one year after the 
refugee becomes employed. States are expected to use day care funding 
from other publicly funded mainstream programs as a prior resource and 
are expected to work with service providers to assure maximum access to 
other publicly funded resources for day care.
    In accordance with Sec. 400.146 in the new regulations, social 
service funds must be used primarily for employability services 
designed to enable refugees to obtain jobs within one year of becoming 
enrolled in services in order to achieve economic self-sufficiency as 
soon as possible. Social services may continue to be provided after a 
refugee has entered a job to help the refugee retain employment or move 
to a better job. Social service funds may not be used for long-term 
training programs such as vocational training that last for more than a 
year or educational programs that are not intended to lead to 
employment within a year.
    In accordance with Sec. 400.156, refugee social services must be 
provided, to the maximum extent feasible, in a manner that is 
culturally and linguistically compatible with a refugee's language and 
cultural background. In light of the increasingly diverse population of 
refugees who are resettling in this country, refugee service agencies 
will need to develop practical ways of providing culturally and 
linguistically appropriate services to a changing ethnic population.
    Services funded under this notice must be refugee-specific services 
which are designed specifically to meet refugee needs and are in 
keeping with the rules and objectives of the refugee program. 
Vocational or job skills training, on-the-job training, or English 
language training, however, need not be refugee-specific.
    English language training must be provided in a concurrent, rather 
than sequential, time period with employment or with other employment-
related activities.
    When planning State refugee services, States must take into account 
the reception and placement (R & P) services provided by local 
resettlement agencies in order to utilize these resources in the 
overall program design and to ensure the provision of seamless, 
coordinated services to refugees that are not duplicative.
    In order to provide culturally and linguistically compatible 
services in as cost-efficient a manner as possible in a time of limited 
resources, ORR encourages States and counties to promote and give 
special consideration to the provision of refugee social services 
through coalitions of refugee service organizations, such as coalitions 
of mutual assistance associations (MAAs), voluntary resettlement 
agencies, or a variety of service providers. ORR believes it is 
essential for refugee-serving organizations to form close partnerships 
in the provision of services to refugees in order to be able to respond 
adequately to a changing refugee picture. Coalition-building and 
consolidation of providers is particularly important in communities 
with multiple service providers in order to ensure better coordination 
of services and maximum use of funding for services by minimizing the 
funds used for multiple administrative overhead costs.
    States should also expect to use funds available under this notice 
to pay for social services which are provided to refugees who 
participate in alternative projects. Section 412(e)(7)(A) of the INA 
provides that:

    The Secretary [of HHS] shall develop and implement alternative 
projects for refugees who have been in the United States less than 
thirty-six months, under which refugees are provided interim 
support, medical services, support [social] services, and case 
management, as needed, in a manner that encourages self-sufficiency, 
reduces welfare dependency, and fosters greater coordination among 
the resettlement agencies and service providers.

    This provision is generally known as the Wilson/Fish Amendment. The 
Department has already issued a separate notice in the Federal Register 
with respect to applications for such projects (60 FR 15766, March 27, 
1995). The notice on alternative projects does not contain provisions 
for the allocation of additional social service funds beyond the 
amounts established in this notice. Therefore a State which may wish to 
consider carrying out such a project should take note of this in 
planning its use of social service funds being allocated under the 
present notice.

Funding to MAAs

    ORR no longer provides set-aside funds to refugee mutual assistance 
associations as a separate component under the social service notice; 
instead we have folded these funds into the social service formula 
allocation to States. Elimination of the MAA set-aside, however, does 
not represent any reduction in ORR's commitment to MAAs as important 
participants in

[[Page 20271]]

refugee resettlement. ORR believes that the continued and/or increased 
utilization of qualified refugee mutual assistance associations in the 
delivery of social services helps to ensure the provision of culturally 
and linguistically appropriate services as well as increasing the 
effectiveness of the overall service system. Therefore, ORR expects 
States to use MAAs as service providers to the maximum extent possible. 
ORR strongly encourages States when contracting for services, including 
employment services, to give consideration to the special strengths of 
MAAs, whenever contract bidders are otherwise equally qualified, 
provided that the MAA has the capability to deliver services in a 
manner that is culturally and linguistically compatible with the 
background of the target population to be served. ORR also strongly 
encourages MAAs to ensure that their management and board composition 
reflect the major target populations to be served. ORR expects States 
to continue to assist MAAs in seeking other public and/or private funds 
for the provision of services to refugee clients.
    States may use a portion of their social service grant, either 
through contracts or through the use of State/county staff, to provide 
technical assistance and organizational training to strengthen the 
capability of MAAs to provide employment services, particularly in 
States where MAA capability is weak or undeveloped.
    ORR defines MAAs as organizations with the following 
qualifications:
    a. The organization is legally incorporated as a nonprofit 
organization; and
    b. Not less than 51% of the composition of the Board of Directors 
or governing board of the mutual assistance association is comprised of 
refugees or former refugees, including both refugee men and women.

II. [Reserved for Discussion of Comments In Final Notice]

III. Allocation Formula

    Of the funds available for FY 1996 for social services, $68,681,700 
is proposed to be allocated to States in accordance with the formula 
specified below. A State's allowable allocation is calculated as 
follows:
    1. The total amount of funds determined by the Director to be 
available for this purpose; divided by--
    2. The total number of refugees and Cuban/Haitian entrants who 
arrived in the United States not more than 3 years prior to the 
beginning of the fiscal year for which the funds are appropriated and 
the number of Amerasians from Vietnam eligible for refugee social 
services, as shown by the ORR Refugee Data System. The resulting per 
capita amount will be multiplied by--
    3. The number of persons in item 2, above, in the State as of 
October 1, 1995, adjusted for estimated secondary migration.
    The calculation above yields the formula allocation for each State. 
Minimum allocations for small States are taken into account.

IV. Basis of Population Estimates

    The population estimates for the proposed allocation of funds in FY 
1996 are based on data on refugee arrivals from the ORR Refugee Data 
System, adjusted as of October 1, 1995, for estimated secondary 
migration. The data base includes refugees of all nationalities, 
Amerasians from Vietnam, and Cuban and Haitian entrants.
    For fiscal year 1996, ORR's proposed formula allocations for the 
States for social services are based on the numbers of refugees and 
Amerasians who arrived, and on the numbers of entrants who arrived or 
were resettled, during the preceding three fiscal years: 1993, 1994, 
and 1995, based on final arrival data by State. Therefore, estimates 
have been developed of the numbers of refugees and entrants with 
arrival or resettlement dates between October 1, 1992, and September 
30, 1995, who are thought to be living in each State as of October 1, 
1995. Refugees admitted under the Federal Government's private-sector 
initiative are not included, since their assistance and services are to 
be provided by the private sponsoring organizations under an agreement 
with the Department of State.
    The estimates of secondary migration were based on data submitted 
by all participating States on Form ORR-11 on secondary migrants who 
have resided in the U.S. for 36 months or less, as of September 30, 
1995. The total migration reported by each State was summed, yielding 
in- and out-migration figures and a net migration figure for each 
State. The net migration figure was applied to the State's total 
arrival figure, resulting in a revised population estimate.
    Estimates were developed separately for refugees and entrants and 
then combined into a total estimated 3-year refugee/entrant population 
for each State. Eligible Amerasians are included in the refugee 
figures.
    If a State does not agree with ORR's population estimate and wishes 
ORR to reconsider its population estimate, it should submit written 
evidence to ORR, including a list of refugees identified by name, alien 
number, date of birth, and date of arrival. Listings of refugees who 
are not identified by their alien numbers will not be considered. Such 
evidence should be submitted separately from comments on the proposed 
allocation formula no later than 30 days from date of publication of 
this notice and should be addressed to: Loren Bussert, Office of 
Refugee Resettlement, 370 L'Enfant Promenade, S.W., Washington, DC 
20447, Telephone: (202) 401-4732.
    Table 1, below, shows the estimated 3-year populations, as of 
October 1, 1995, of refugees (col. 1), entrants (col. 2), and total 
refugees and entrants (col. 3); the formula amounts which the 
population estimates yield (col. 4); and the proposed allocation 
amounts after allowing for the minimum amounts (col. 5).
    These population estimates and proposed allocation amounts are 
intended to be as close to the final figures as was possible at the 
time they were developed. However, revisions may need to be made to 
reflect final adjustments in FY 1995 arrival data in some States.

V. Proposed Allocation Amounts

    Funding will be contingent upon the submittal and approval of a 
State annual services plan that is developed on the basis of a local 
consultative process, as required by Sec. 400.11(b)(2) in the ORR 
regulations. The following amounts are proposed for allocation for 
refugee social services in FY 1996:

    Table 1.--Estimated 3-Year Refugee/Entrant Populations of States Participating in the Refugee Program and   
                       Proposed Social Service Formula Amounts and Allocations for FY 1996                      
                                                                                                                
                                                                            Total        Formula      Proposed  
                   State                      Refugees      Entrants     population      amount      allocation 
                                                     (1)           (2)           (3)           (4)           (5)
----------------------------------------------------------------------------------------------------------------
Alabama...................................           618            62           680      $125,354      $125,354
Alaska <SUP>a..................................             0             0             0             0             0

[[Page 20272]]

                                                                                                                
Arizona...................................         3,575           416         3,991       735,715       735,715
Arkansas..................................           317             5           322        59,359       100,000
California <SUP>b..............................        78,045           947        78,992    14,561,671    14,561,671
Colorado..................................         3,808            12         3,820       704,193       704,193
Connecticut...............................         2,903           206         3,109       573,124       573,124
Delaware..................................            89             5            94        17,328        75,000
Dist. of Columbia.........................         1,753            10         1,763       324,998       324,998
Florida...................................        13,823        32,158        45,961     8,476,304     8,476,304
Georgia...................................         9,811           192        10,003     1,843,989     1,843,989
Hawaii....................................           758             0           758       139,732       139,732
Idaho.....................................         1,086             4         1,090       200,935       200,935
Illinois..................................        12,644           267        12,911     2,380,060     2,380,060
Indiana...................................         1,140            12         1,152       212,364       212,364
Iowa......................................         3,461             4         3,465       638,751       638,751
Kansas....................................         2,112            11         2,123       391,362       391,362
Kentucky <SUP>c................................         2,301           164         2,465       454,407       454,407
Louisiana.................................         2,030           217         2,247       414,220       414,220
Maine.....................................           724             1           725       133,649       133,649
Maryland..................................         6,311           140         6,451     1,189,201     1,189,201
Massachusetts.............................        10,009           164        10,173     1,875,328     1,875,328
Michigan..................................         7,724           187         7,911     1,458,342     1,458,342
Minnesota.................................         9,846            20         9,866     1,818,734     1,818,734
Mississippi...............................           111            32           143        26,361        75,000
Missouri..................................         4,998            22         5,020       925,405       925,405
Montana...................................           182             0           182        33,551        75,000
Nebraska..................................         1,847             6         1,853       341,589       341,589
Nevada <SUP>c..................................           769           732         1,501       276,700       276,700
New Hampshire.............................           686             1           687       126,644       126,644
New Jersey................................         6,369         1,150         7,519     1,386,080     1,386,080
New Mexico................................           948           889         1,837       338,639       338,639
New York..................................        60,186         1,116        61,302    11,300,632    11,300,632
North Carolina............................         3,221            20         3,241       597,458       597,458
North Dakota..............................         1,044             3         1,047       193,008       193,008
Ohio......................................         5,094            20         5,114       942,733       942,733
Oklahoma..................................         1,351            12         1,363       251,260       251,260
Oregon....................................         5,149           273         5,422       999,511       999,511
Pennsylvania..............................         9,762           132         9,894     1,823,896     1,823,896
Rhode Island..............................           656             3           659       121,482       121,482
South Carolina............................           503             2           505        93,094       100,000
South Dakota..............................           658             0           658       121,298       121,298
Tennessee.................................         3,408            64         3,472       640,041       640,041
Texas.....................................        15,885           920        16,805     3,097,895     3,097,895
Utah......................................         1,774             0         1,774       327,026       327,026
Vermont...................................           720             0           720       132,727       132,727
Virginia..................................         5,922           172         6,094     1,123,390     1,123,390
Washington................................        19,075            20        19,095     3,520,041     3,520,041
West Virginia.............................            27             1           128         5,162        75,000
Wisconsin.................................         5,096            13         5,109       941,812       941,812
Wyoming <SUP>a.................................             0             0             0             0             0
                                           ---------------------------------------------------------------------
      Total...............................       330,329        40,807       371,136    68,416,555    68,681,700
<SUP>a Alaska and Wyoming no longer participate in the Refugee Program.                                              
<SUP>b A portion of the California allocation is expected to be awarded to continue a Wilson/Fish project in San     
  Diego.                                                                                                        
<SUP>c The allocation for Kentucky and Nevada is expected to be awarded to continue a Wilson/Fish project.           



VI. Paperwork Reduction Act

    This notice does not create any reporting or recordkeeping 
requirements requiring OMB clearance.

(Catalog of Federal Domestic Assistance No. 93.566 Refugee 
Assistance--State Administered Programs)

    Dated: April 29, 1996.
Lavinia Limon,
Director, Office of Refugee Resettlement.
[FR Doc. 96-11146 Filed 5-3-96; 8:45 am]
BILLING CODE 4184-01-P