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

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