[Federal Register Volume 63, Number 30 (Friday, February 13, 1998)] [Notices] [Pages 7422-7427] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-3764] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Refugee Resettlement Program: Proposed Allocations to States of FY 1998 Funds for Refugee Social Services AGENCY: Office of Refugee Resettlement (ORR), ACF, HHS. ACTION: Notice of proposed allocations to States of FY 1998 funds for refugee \1\ social services. --------------------------------------------------------------------------- \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. No. 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. No. 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. No. 100-461), 1990 (Pub. L. No. 101-167), and 1991 (Pub. L. No. 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. --------------------------------------------------------------------------- ----------------------------------------------------------------------- SUMMARY: This notice establishes the proposed allocations to States of FY 1998 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 1997 arrivals in some States. This notice reflects the decision by Congress to provide $14,000,000 under social services to address the needs of refugees and communities impacted by recent changes in Federal assistance programs relating to welfare reform. This notice also announces ORR's intention to eliminate the floor formula for States with small refugee populations, beginning in FY 1999. EFFECTIVE DATE: Comments on the proposed allocations contained in this notice must be received by March 16, 1998. ADDRESSES: Address written comments, in duplicate, to: Toyo Biddle, Office of Refugee Resettlement, Administration for Children and Families, 370 L'Enfant Promenade, S.W., Washington, D.C. 20447. FOR FURTHER INFORMATION CONTACT: Toyo Biddle, Director, Division of Refugee Self-Sufficiency, (202) 401-9250. SUPPLEMENTARY INFORMATION: I. Amounts For Allocation The Office of Refugee Resettlement (ORR) has available $129,990,000 in FY 1998 refugee social service funds as part of the FY 1998 appropriation for the Department of Health and Human Services (Pub. L. No. 105-78). The FY 1998 House Appropriations Committee Report (H.R. Rept. No. 105-205) reads as follows with respect to social services funds: The bill provides $129,990,000 for social services, an increase of $19,108,000 over the comparable fiscal year 1997 appropriation and the budget request. Funds are distributed by formula as well as through the [[Page 7423]] discretionary grant making process for special projects. The Committee agrees that $19,000,000 is available for assistance to serve communities affected by the Cuban and Haitian entrants and refugees whose arrivals in recent years have increased. The Committee has set-aside $16,000,000 for increased support to communities with large concentrations of refugees whose cultural differences make assimilation especially difficult justifying a more intense level and longer duration of Federal assistance. Finally, the Committee has set aside $14,000,000 to address the needs of refugees and communities impacted by recent changes in Federal assistance programs relating to welfare reform. The Committee urges ORR to assist refugees at risk of losing, or who have lost, benefits including SSI, TANF and Medicaid, in obtaining citizenship. In addition, ORR may initiate planning grants to create alternative cash and medical assistance programs for refugees. The Committee recommends that ORR give special consideration in allocating grant funding to applicants providing rehabilitation services for victims of physical and mental torture. The Committee requests that ORR be prepared to testify regarding its activities in support of victims of torture during the fiscal year 1999 budget hearings. The FY 1998 Senate Appropriations Committee Report (S. Rept. No. 105-58) adds the following: The Committee is concerned that the current policy of the Office of Refugee Resettlement prohibiting the use of a portion of refugee social services and targeted assistance formula grant funds for refugees who have been in the United States for more than 5 years deprives some counties and States of the ability to give employment- related assistance to many of their refugee welfare recipients. The Committee urges the ORR to be flexible in considering waiver requests of the 5-year policy. The Conference Report on Appropriations (H. Rept. No. 105-390) agrees with the House and Senate Reports regarding the allocation of social services. The Director of the Office of Refugee Resettlement (ORR) proposes to use the $129,990,000 appropriated for FY 1998 social services as follows:$68,841,500 will be allocated under the 3-year population formula, as set forth in this notice for the purpose of providing employment services and other needed services to refugees. $12,148,500 will be awarded as social service discretionary grants through competitive grant announcements that will be issued separately from this notice. $19,000,000 will be awarded to serve communities most heavily affected by recent Cuban and Haitian entrant and refugee arrivals. These funds would be awarded through a discretionary grant announcement that will be issued separately from this notice. $16,000,000 will be awarded through discretionary grants for communities with large concentrations of refugees whose cultural differences make assimilation especially difficult justifying a more intense level and longer duration of Federal assistance. A grant announcement will be issued separately from this notice. $14,000,000 will be awarded to address the needs of refugees and communities impacted by recent changes in Federal assistance programs relating to welfare reform. Awards will be made through the Wilson/Fish grant announcement and discretionary grant announcements issued separately from this notice. Refugee Social Service Funds The population figures for the social services allocation include refugees, Cuban/Haitian entrants, Amerasians from Vietnam, and Kurdish asylees since these populations may be served through funds addressed in this notice. (A State must, however, have an approved State plan for the Cuban/Haitian Entrant Program or indicate in its refugee program State plan that Cuban/Haitian entrants will be served in order to use funds on behalf of entrants as well as refugees.) The Director proposes to allocate $68,841,500 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, 1997 (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 intends FY 1998 to be the last year in which a floor allocation is used for States with small refugee populations. ORR's intention is to eliminate the floor formula beginning in FY 1999 and to use the 3- year refugee population allocations formula for all participating States. We invite comments, particularly from the floor States, regarding the potential impact of eliminating the floor. Population To Be Served Although the allocation formula is based on the 3-year refugee population, in accordance with the current requirements of 45 CFR Part 400 Subpart I--Refugee Social Services, States are not required to limit social service programs to refugees who have been in the U.S. only 3 years. However, under 45 CFR 400.152, States may not provide services funded by this notice, except for referral and interpreter services, to refugees who have been in the United States for more than 60 months (5 years). In accordance with 45 CFR 400.147, States are required to provide services to refugees in the following order of priority, except in certain individual extreme circumstances: (a) all newly arriving refugees during their first year in the U.S., who apply for services; (b) refugees who are receiving cash assistance; (c) unemployed refugees who are not receiving cash assistance; and (d) employed refugees in need of services to retain employment or to attain economic independence. ORR funds may not be used to provide services to United States citizens, since they are not covered under the authorizing legislation, with the following exceptions: (1) Under current regulations at 45 CFR 400.208, services may be provided to a U.S.-born minor child in a family in which both parents are refugees or, if only one parent is present, in which that parent is a refugee; and (2) under the FY 1989 Foreign Operations, Export Financing, and Related Programs Appropriations Act (Pub. L. No. 100-461), services may [[Page 7424]] be provided to an Amerasian from Vietnam who is a U.S. citizen and who enters the U.S. after October 1, 1988. Service Priorities In the past, a number of States have focused primarily on serving refugee cash assistance (RCA) recipients because of the need to help these refugees become employed and self-sufficient within the 8-month RCA eligibility period. Now, with the passage of welfare reform, refugee recipients of Temporary Assistance for Needy Families (TANF) also face a time limit for cash assistance and need appropriate services as quickly as possible to become employed and self-sufficient. In order for refugees to move quickly off TANF, we believe it is crucial for these refugees to receive refugee-specific services that are designed to address the employment barriers that refugees typically face. We, therefore, strongly encourage State Refugee Coordinators to make every effort to develop agreements with their State TANF program to utilize, to the maximum extent possible, the existing refugee service system in a State for refugee TANF participants. Refugee social service funding should be used to assist refugee families to achieve economic independence. To this end, States are required to ensure that a coherent family self-sufficiency plan is developed for each eligible family that addresses the family's needs from time of arrival until attainment of economic independence. (See 45 CFR 400.79 and 400.156(g).) Each family self-sufficiency plan should address a family's needs for both employment-related services and other needed social services. The family self-sufficiency plan must include: (1) a determination of the income level a family would have to earn to exceed its cash grant and move into self-support without suffering a monetary penalty; (2) a strategy and timetable for obtaining that level of family income through the placement in employment of sufficient numbers of employable family members at sufficient wage levels; and (3) employability plans for every employable member of the family. Reflecting section 412(a)(1)(A)(iv) of the INA, and in keeping with 45 CFR 400.145(c), States must ensure that women have the same opportunities as men to participate in all services funded under this notice, including job placement services. In addition, services must be provided to the maximum extent feasible in a manner that includes the use of bilingual/bicultural women on service agency staffs to ensure adequate service access by refugee women. The Director also strongly encourages the inclusion of refugee women in management and board positions in agencies that serve refugees. In order to facilitate refugee self-support, the Director also expects States to implement strategies which address simultaneously the employment potential of both male and female wage earners in a family unit, particularly in the case of large families. States are expected to make every effort to assure the availability of day care services for children in order to allow women with children the opportunity to participate in employment services or to accept or retain employment. To accomplish this, day care may be treated as a priority employment-related service under the refugee social services program. Refugees who are participating in employment services or have accepted employment are eligible for day care services for children. For an employed refugee, day care funded by refugee social service dollars should be limited to one year after the refugee becomes employed. States are expected to use day care funding from other publicly funded mainstream programs as a prior resource and are expected to work with service providers to assure maximum access to other publicly funded resources for day care. In accordance with 45 CFR 400.146, social service funds must be used primarily for employability services designed to enable refugees to obtain jobs within one year of becoming enrolled in services in order to achieve economic self-sufficiency as soon as possible. Social services may continue to be provided after a refugee has entered a job to help the refugee retain employment or move to a better job. Social service funds may not be used for long-term training programs such as vocational training that last for more than a year or educational programs that are not intended to lead to employment within a year. In accordance with 45 CFR 400.156(e), refugee social services must be provided, to the maximum extent feasible, in a manner that is culturally and linguistically compatible with a refugee's language and cultural background. In light of the increasingly diverse population of refugees who are resettling in this country, refugee service agencies will need to develop practical ways of providing culturally and linguistically appropriate services to a changing ethnic population. Services funded under this notice must be refugee-specific services which are designed specifically to meet refugee needs and are in keeping with the rules and objectives of the refugee program. Vocational or job skills training, on-the-job training, or English language training, however, need not be refugee-specific (45 CFR 400.156(d)). English language training must be provided in a concurrent, rather than sequential, time period with employment or with other employment- related activities (45 CFR 400.156(c)). When planning State refugee services, States must take into account the reception and placement (R & P) services provided by local resettlement agencies in order to utilize these resources in the overall program design and to ensure the provision of seamless, coordinated services to refugees that are not duplicative (45 CFR 400.156(b)). In order to provide culturally and linguistically compatible services in as cost-efficient a manner as possible 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 [[Page 7425]] 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. The Use of MAAs ORR believes that the use of qualified refugee mutual assistance associations in the delivery of social services helps to ensure the provision of culturally and linguistically appropriate services as well as increasing the effectiveness of the overall service system. Therefore, we expect States to use MAAs as service providers to the maximum extent possible. We strongly encourage States when contracting for services, including employment services, to give consideration to the special strengths of MAAs, whenever contract bidders are otherwise equally qualified, provided that the MAA has the capability to deliver services in a manner that is culturally and linguistically compatible with the background of the target population to be served. ORR also strongly encourages MAAs to ensure that their management and board composition reflect the major target populations to be served. ORR expects States to continue to assist MAAs in seeking other public and/ or private funds for the provision of services to refugee clients. States may use a portion of their social service grant, either through contracts or through the use of State/county staff, to provide technical assistance and organizational training to strengthen the capability of MAAs to provide employment services, particularly in States where MAA capability is weak or undeveloped. ORR defines MAAs as organizations with the following qualifications: a. The organization is legally incorporated as a nonprofit organization; and b. Not less than 51% of the composition of the Board of Directors or governing board of the mutual assistance association is comprised of refugees or former refugees, including both refugee men and women. II. [Reserved for Discussion of Comments In Final Notice] III. Allocation Formulas A. Allocation Formula Of the funds available for FY 1998 for social services, $68,841,500 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, Cuban/Haitian entrants, Amerasians from Vietnam, and Kurdish asylees who arrived in the United States not more than 3 years prior to the beginning of the fiscal year for which the funds are appropriated, as shown by the ORR Refugee Data System. The resulting per capita amount will be multiplied by-- 3. The number of persons in item 2, above, in the State as of October 1, 1997, 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 1998 are based on data on refugee arrivals from the ORR Refugee Data System, adjusted as of October 1, 1997, for estimated secondary migration. The data base includes refugees of all nationalities, Amerasians from Vietnam, Cuban and Haitian entrants, and Kurdish asylees. For fiscal year 1998, ORR's proposed formula allocations for the States for social services are based on the numbers of refugees, Amerasians, Kurdish asylees, and entrants who arrived during the preceding three fiscal years: 1995, 1996, and 1997, based on arrival data by State. Therefore, estimates have been developed of the numbers of refugees and entrants with arrival or resettlement dates between October 1, 1994, and September 30, 1997, who are thought to be living in each State as of October 1, 1997. 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, 1997. The total migration reported by each State was summed, yielding in- and out-migration figures and a net migration figure for each State. The net migration figure was applied to the State's total arrival figure, resulting in a revised population estimate. Estimates were developed separately for refugees and entrants and then combined into a total estimated 3-year refugee/entrant population for each State. Eligible Amerasians and Kurdish asylees are included in the refugee figures. With regard to Havana parolees, in the absence of reliable data on the State-by-State resettlement of this population, we are crediting each State that received entrant arrivals during the 3-year period from FY 1995-FY 1997 with a prorated share of the 5,992 parolees reported by the Immigration and Naturalization Service (INS) to have come to the U.S. directly from Havana in FY 1997. In addition, we have credited each State with the same share of FY 1995 and FY 1996 Havana parolees that they were credited with in the final FY 1996 and FY 1997 social service notices. The proposed allocations in this notice reflect these additional parolee numbers. If a State does not agree with ORR's population estimate and wishes ORR to reconsider its population estimate, it should submit written evidence to ORR, including a list of refugees identified by name, alien number, date of birth, and date of arrival. Listings of refugees who are not identified by their alien numbers will not be considered. Such evidence should be submitted separately from comments on the proposed allocation formula no later than 30 days from the date of publication of this notice and should be addressed to: Loren Bussert, Division of Refugee Self-Sufficiency, 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, 1997, of refugees (col. 1); entrants (col. 2); Havana parolees (col. 3); total refugee/entrant population, (col. 4); the proposed formula amounts which the population estimates yield (col. 5); and the proposed allocation amounts after allowing for the minimum amounts (col. 6). These population estimates and proposed allocation amounts are intended to be as close to the final figures as was possible at the time they were developed. However, revisions may need to be made to reflect final adjustments in FY 1997 arrival data in some States. V. Proposed Allocation Amounts Funding will be contingent upon the submittal and approval of a State annual services plan that is developed on the basis of a local consultative process, as required by 45 CFR 400.11(b)(2) in the ORR regulations. The following amounts are proposed for allocation for refugee social services in FY 1998: [[Page 7426]] 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 1998 Proposed State Refugees Entrants Havana Total formula Proposed \1\ parolees population amount allocation ................................ (1) (2) (3) (4) (5) (6) ---------------------------------------------------------------------------------------------------------------- Alabama........................... 523 113 60 696 $152,467 $152,467 Alaska \3\........................ 0 0 0 0 0 0 Arizona........................... 4,986 539 316 5,841 1,279,541 1,279,541 Arkansas.......................... 184 13 6 203 44,470 83,516 California \4\.................... 45,934 948 653 47,535 10,413,111 10,413,111 Colorado.......................... 3,450 9 7 3,466 759,269 759,269 Connecticut....................... 2,125 297 178 2,600 569,561 569,561 Delaware.......................... 34 4 3 41 8,982 75,000 Dist. of Columbia................. 1,851 14 7 1,872 410,084 410,084 Florida........................... 14,508 23,701 19,662 57,871 12,677,335 12,677,335 Georgia........................... 8,426 247 149 8,822 1,932,565 1,932,565 Hawaii............................ 252 1 0 253 55,423 94,470 Idaho............................. 1,446 1 1 1,448 317,202 317,202 Illinois.......................... 11,469 446 244 12,159 2,663,574 2,663,574 Indiana........................... 1,195 11 9 1,215 266,160 266,160 Iowa.............................. 4,889 6 3 4,898 1,072,966 1,072,966 Kansas............................ 1,605 17 10 1,632 357,509 357,509 Kentucky \5\...................... 3,071 576 239 3,886 851,275 851,275 Louisiana......................... 1,350 239 159 1,748 382,920 382,920 Maine............................. 674 1 0 675 147,867 147,867 Maryland.......................... 3,697 170 102 3,969 869,457 869,457 Massachusetts..................... 7,181 151 111 7,443 1,630,478 1,630,478 Michigan.......................... 7,327 399 186 7,912 1,733,218 1,733,218 Minnesota......................... 8,730 25 14 8,769 1,920,954 1,920,954 Mississippi....................... 38 32 22 92 20,154 75,000 Missouri.......................... 5,765 22 17 5,804 1,271,436 1,271,436 Montana........................... 227 0 0 227 49,727 88,774 Nebraska.......................... 1,672 40 16 1,728 378,539 378,539 Nevada \5\........................ 693 812 541 2,046 448,201 448,201 New Hampshire..................... 903 1 0 904 198,032 198,032 New Jersey........................ 3,881 1,110 783 5,774 1,264,864 1,264,864 New Mexico........................ 466 787 602 1,855 406,360 406,360 New York.......................... 38,406 1,180 775 40,361 8,841,560 8,841,560 North Carolina.................... 3,181 45 23 3,249 711,732 711,732 North Dakota...................... 1,164 4 3 1,171 256,522 256,522 Ohio.............................. 3,985 54 27 4,066 890,706 890,706 Oklahoma.......................... 774 17 10 801 175,469 175,469 Oregon............................ 4,419 515 265 5,199 1,138,903 1,138,903 Pennsylvania...................... 7,225 327 161 7,713 1,689,625 1,689,625 Rhode Island...................... 346 7 3 356 77,986 100,000 South Carolina.................... 346 8 3 357 78,205 100,000 South Dakota...................... 670 0 0 670 146,772 146,772 Tennessee......................... 3,581 225 102 3,908 856,094 856,094 Texas............................. 11,498 1,067 687 13,252 2,903,009 2,903,009 Utah.............................. 2,573 1 0 2,574 563,865 563,865 Vermont........................... 715 0 0 715 156,629 156,629 Virginia.......................... 4,838 251 140 5,229 1,145,475 1,145,475 Washington........................ 17,111 66 29 17,206 3,769,180 3,769,180 West Virginia..................... 14 1 0 15 3,286 75,000 Wisconsin......................... 2,387 18 11 2,416 529,254 529,254 Wyoming........................... 0 0 0 0 0 0 ----------------------------------------------------------------------------- Total....................... 251,785 34,518 26,339 312,642 68,487,973 68,841,500 ---------------------------------------------------------------------------------------------------------------- \1\ Includes: refugees, Kurdish asylees, and Amerasian immigrants from Vietnam. \2\ For FY 1997, 5992 Havana Parolees (HP's) were prorated to all States based on the States' proportion of the three year (FY 1995-1997) entrant population in the U.S. For FY 1996, Florida's HP's (7303) were based on actual data while HP's in other States (2611) were prorated based on the States' proportion of the three year (FY 1994-1996) entrant population. For FY 1995, Florida's HP's (8245) were based on actual data while HP's in other States (2188) were prorated based on the States' proportion of the three year (FY 1993-1995) entrant population. \3\ Alaska and Wyoming no longer participate in the Refugee Program. \4\ A portion of the California allocation is expected to be awarded to continue a Wilson/Fish project in San Diego. \5\ The allocation for Kentucky and Nevada is expected to be awarded to continue a Wilson/Fish project. [[Page 7427]] 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: February 9, 1998. Lavinia Limon, Director, Office of Refugee Resettlement. [FR Doc. 98-3764 Filed 2-12-98; 8:45 am] BILLING CODE 4184-01-P