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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Refugee Resettlement

Refugee Resettlement Program: Proposed Allocations to States of

FY 1996 Funds for Refugee Social Services

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

ACTION: Notice of proposed allocations to States of FY 1996 funds for

refugee \1\ social services.

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\1\ In addition to persons who meet all requirements of 45 CFR

400.43, ``Requirements for documentation of refugee status,''

eligibility for refugee social services also includes: (1) Cuban and

Haitian entrants, under section 501 of the Refugee Education

Assistance Act of 1980 (Pub. L. 96-422); (2) certain Amerasians from

Vietnam who are admitted to the U.S. as immigrants under section 584

of the Foreign Operations, Export Financing, and Related Programs

Appropriations Act, 1988, as included in the FY 1988 Continuing

Resolution (Pub. L. 100-202); and (3) certain Amerasians from

Vietnam, including U.S. citizens, under title II of the Foreign

Operations, Export Financing, and Related Programs Appropriations

Acts, 1989 (Pub. L. 100-461), 1990 (Pub. L. 101-167), and 1991 (Pub.

L. 101-513). For convenience, the term ``refugee'' is used in this

notice to encompass all such eligible persons unless the specific

context indicates otherwise.

Refugees admitted to the U.S. under admissions numbers set aside

for private-sector-initiative admissions are not eligible to be

served under the social service program (or under other programs

supported by Federal refugee funds) during their period of coverage

under their sponsoring agency's agreement with the Department of

State--usually two years from their date of arrival or until they

obtain permanent resident alien status, whichever comes first.

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[[Page 20269]]

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SUMMARY: This notice announces the proposed allocations to States of FY

1996 funds for social services under the Refugee Resettlement Program

(RRP). In the final notice, allocation amounts could be adjusted

slightly based on final adjustments in FY 1995 arrivals in some States.

This notice reflects the new social service provisions in the final

rule published in the Federal Register on June 28, 1995, (60 FR 33584)

which became effective October 1, 1995. This notice discontinues the

special discretionary funds set-aside for services to former political

prisoners from Vietnam.

EFFECTIVE DATE: Comments on the proposed allocations contained in this

notice must be received by June 5, 1996.

ADDRESSES: Address written comments, in duplicate, to: Toyo A. Biddle,

Office of Refugee Resettlement, Administration for Children and

Families, 370 L'Enfant Promenade, SW., Washington, DC 20447.

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

SUPPLEMENTARY INFORMATION:

I. Amounts Proposed For Allocation

The Office of Refugee Resettlement (ORR) has available $80,802,000

in FY 1996 refugee social service funds as part of the FY 1996

appropriation for the Department of Health and Human Services (Pub. L.

104-134).

Of the total of $80,802,000, the Director of ORR proposes to make

available to States $68,681,700 (85%) under the allocation formula set

out in this notice. These funds would be made available for the purpose

of providing social services to refugees. We are discontinuing in FY

1996 the special $2,000,000 discretionary funds set-aside for services

to former political prisoners from Vietnam. However, ORR expects States

to address the special needs of former political prisoners from Vietnam

through their regular refugee social service funds as part of the

States' 5-year eligible service population.

Refugee Social Service Funds

The population figures for the social service allocation include

refugees, Cuban/Haitian entrants, and Amerasians from Vietnam since

these populations may be served through funds addressed in this notice.

(A State must, however, have an approved State plan for the Cuban/

Haitian Entrant Program or indicate in its refugee program State plan

that Cuban/Haitian entrants will be served in order to use funds on

behalf of entrants as well as refugees.)

The Director proposes to allocate $68,681,700 to States on the

basis of each State's proportion of the national population of refugees

who had been in the U.S. 3 years or less as of October 1, 1995

(including a floor amount for States which have small refugee

populations).

The use of the 3-year population base in the allocation formula is

required by section 412(c)(1)(B) of the Immigration and Nationality Act

(INA) which states that the ``funds available for a fiscal year for

grants and contracts [for social services] * * * shall be allocated

among the States based on the total number of refugees (including

children and adults) who arrived in the United States not more than 36

months before the beginning of such fiscal year and who are actually

residing in each State (taking into account secondary migration) as of

the beginning of the fiscal year.''

As established in the FY 1991 social services notice published in

the Federal Register of August 29, 1991, section I, ``Allocation

Amounts'' (56 FR 42745), a variable floor amount for States which have

small refugee populations is calculated as follows: If the application

of the regular allocation formula yields less than $100,000, then--

(1) a base amount of $75,000 is provided for a State with a

population of 50 or fewer refugees who have been in the U.S. 3 years or

less; and

(2) for a State with more than 50 refugees who have been in the

U.S. 3 years or less: (a) A floor has been calculated consisting of

$50,000 plus the regular per capita allocation for refugees above 50 up

to a total of $100,000 (in other words, the maximum under the floor

formula is $100,000); (b) if this calculation has yielded less than

$75,000, a base amount of $75,000 is provided for the State.

ORR has consistently supported floors for small States in order to

provide sufficient funds to carry out a minimum service program. Given

the range in numbers of refugees in the small States, we have concluded

that a variable floor, as established in the FY 1991 notice, will be

more reflective of needs than previous across-the-board floors.

The $12,120,300 in remaining social service funds (15% of the total

funds available) is expected to be used by ORR on a discretionary basis

to provide funds for individual projects intended to contribute to the

effectiveness and efficiency of the refugee resettlement program. Grant

announcements on discretionary initiatives will be issued separately.

Population to be Served

Although the allocation formula is based on the 3-year refugee

population, in accordance with the current requirements of 45 CFR Part

400 Subpart I--Refugee Social Services, States are not required to

limit social service programs to refugees who have been in the U.S.

only 3 years. However, effective October 1, 1995, under new regulations

published in the Federal Register on June 28, 1995, (60 FR 33584),

States may not provide services funded by this notice, except for

referral and interpreter services, to refugees who have been in the

United States for more than 60 months (5 years). States may, however,

continue to provide employability services through September 30, 1996,

or until the services are completed, whichever occurs first, to

refugees who have been in the U.S. for more than 60 months, who were

receiving employability services, as defined in Sec. 400.154, as of

September 30, 1995, as part of an employability plan.

In accordance with Sec. 400.147, States are required to provide

services to refugees in the following order of priority, except in

certain individual extreme circumstances: (a) All newly arriving

refugees during their first year in the U.S., who apply for services;

(b) refugees who are receiving cash assistance; (c) unemployed refugees

who are not receiving cash assistance; and (d) employed refugees in

need of services to retain employment or to attain economic

independence.

ORR funds may not be used to provide services to United States

citizens, since they are not covered under the authorizing legislation,

with the following exceptions: (1) Under current regulations at 45 CFR

400.208, services may be provided to a U.S.-born minor child in a

family in which both parents are refugees or, if only one

[[Page 20270]]

parent is present, in which that parent is a refugee; and (2) under the

FY 1989 Foreign Operations, Export Financing, and Related Programs

Appropriations Act (Pub. L. 100-461), services may be provided to an

Amerasian from Vietnam who is a U.S. citizen and who enters the U.S.

after October 1, 1988.

Service Priorities

Refugee social service funding should be used to assist refugee

families to achieve economic independence. To this end, States are

required to ensure that a coherent family self-sufficiency plan is

developed for each eligible family that addresses the family's needs

from time of arrival until attainment of economic independence. (See

Secs. 400.79 and 400.156(g).) Each family self-sufficiency plan should

address a family's needs for both employment-related services and other

needed social services. The family self-sufficiency plan must include:

(1) A determination of the income level a family would have to earn to

exceed its cash grant and move into self-support without suffering a

monetary penalty; (2) a strategy and timetable for obtaining that level

of family income through the placement in employment of sufficient

numbers of employable family members at sufficient wage levels; and (3)

employability plans for every employable member of the family.

Reflecting section 412(a)(1)(A)(iv) of the INA, and in keeping with

Sec. 400.145, States must ensure that women have the same opportunities

as men to participate in all services funded under this notice,

including job placement services. In addition, services must be

provided to the maximum extent feasible in a manner that includes the

use of bilingual/bicultural women on service agency staffs to ensure

adequate service access by refugee women. The Director also strongly

encourages the inclusion of refugee women in management and board

positions in agencies that serve refugees. In order to facilitate

refugee self-support, the Director also expects States to implement

strategies which address simultaneously the employment potential of

both male and female wage earners in a family unit, particularly in the

case of large families. States are expected to make every effort to

assure the availability of day care services for children in order to

allow women with children the opportunity to participate in employment

services or to accept or retain employment. To accomplish this, day

care may be treated as a priority employment-related service under the

refugee social services program. Refugees who are participating in

employment services or have accepted employment are eligible for day

care services for children. For an employed refugee, day care funded by

refugee social service dollars should be limited to one year after the

refugee becomes employed. States are expected to use day care funding

from other publicly funded mainstream programs as a prior resource and

are expected to work with service providers to assure maximum access to

other publicly funded resources for day care.

In accordance with Sec. 400.146 in the new regulations, social

service funds must be used primarily for employability services

designed to enable refugees to obtain jobs within one year of becoming

enrolled in services in order to achieve economic self-sufficiency as

soon as possible. Social services may continue to be provided after a

refugee has entered a job to help the refugee retain employment or move

to a better job. Social service funds may not be used for long-term

training programs such as vocational training that last for more than a

year or educational programs that are not intended to lead to

employment within a year.

In accordance with Sec. 400.156, refugee social services must be

provided, to the maximum extent feasible, in a manner that is

culturally and linguistically compatible with a refugee's language and

cultural background. In light of the increasingly diverse population of

refugees who are resettling in this country, refugee service agencies

will need to develop practical ways of providing culturally and

linguistically appropriate services to a changing ethnic population.

Services funded under this notice must be refugee-specific services

which are designed specifically to meet refugee needs and are in

keeping with the rules and objectives of the refugee program.

Vocational or job skills training, on-the-job training, or English

language training, however, need not be refugee-specific.

English language training must be provided in a concurrent, rather

than sequential, time period with employment or with other employment-

related activities.

When planning State refugee services, States must take into account

the reception and placement (R & P) services provided by local

resettlement agencies in order to utilize these resources in the

overall program design and to ensure the provision of seamless,

coordinated services to refugees that are not duplicative.

In order to provide culturally and linguistically compatible

services in as cost-efficient a manner as possible in a time of limited

resources, ORR encourages States and counties to promote and give

special consideration to the provision of refugee social services

through coalitions of refugee service organizations, such as coalitions

of mutual assistance associations (MAAs), voluntary resettlement

agencies, or a variety of service providers. ORR believes it is

essential for refugee-serving organizations to form close partnerships

in the provision of services to refugees in order to be able to respond

adequately to a changing refugee picture. Coalition-building and

consolidation of providers is particularly important in communities

with multiple service providers in order to ensure better coordination

of services and maximum use of funding for services by minimizing the

funds used for multiple administrative overhead costs.

States should also expect to use funds available under this notice

to pay for social services which are provided to refugees who

participate in alternative projects. Section 412(e)(7)(A) of the INA

provides that:

The Secretary [of HHS] shall develop and implement alternative

projects for refugees who have been in the United States less than

thirty-six months, under which refugees are provided interim

support, medical services, support [social] services, and case

management, as needed, in a manner that encourages self-sufficiency,

reduces welfare dependency, and fosters greater coordination among

the resettlement agencies and service providers.

This provision is generally known as the Wilson/Fish Amendment. The

Department has already issued a separate notice in the Federal Register

with respect to applications for such projects (60 FR 15766, March 27,

1995). The notice on alternative projects does not contain provisions

for the allocation of additional social service funds beyond the

amounts established in this notice. Therefore a State which may wish to

consider carrying out such a project should take note of this in

planning its use of social service funds being allocated under the

present notice.

Funding to MAAs

ORR no longer provides set-aside funds to refugee mutual assistance

associations as a separate component under the social service notice;

instead we have folded these funds into the social service formula

allocation to States. Elimination of the MAA set-aside, however, does

not represent any reduction in ORR's commitment to MAAs as important

participants in

[[Page 20271]]

refugee resettlement. ORR believes that the continued and/or increased

utilization of qualified refugee mutual assistance associations in the

delivery of social services helps to ensure the provision of culturally

and linguistically appropriate services as well as increasing the

effectiveness of the overall service system. Therefore, ORR expects

States to use MAAs as service providers to the maximum extent possible.

ORR strongly encourages States when contracting for services, including

employment services, to give consideration to the special strengths of

MAAs, whenever contract bidders are otherwise equally qualified,

provided that the MAA has the capability to deliver services in a

manner that is culturally and linguistically compatible with the

background of the target population to be served. ORR also strongly

encourages MAAs to ensure that their management and board composition

reflect the major target populations to be served. ORR expects States

to continue to assist MAAs in seeking other public and/or private funds

for the provision of services to refugee clients.

States may use a portion of their social service grant, either

through contracts or through the use of State/county staff, to provide

technical assistance and organizational training to strengthen the

capability of MAAs to provide employment services, particularly in

States where MAA capability is weak or undeveloped.

ORR defines MAAs as organizations with the following

qualifications:

a. The organization is legally incorporated as a nonprofit

organization; and

b. Not less than 51% of the composition of the Board of Directors

or governing board of the mutual assistance association is comprised of

refugees or former refugees, including both refugee men and women.

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

III. Allocation Formula

Of the funds available for FY 1996 for social services, $68,681,700

is proposed to be allocated to States in accordance with the formula

specified below. A State's allowable allocation is calculated as

follows:

1. The total amount of funds determined by the Director to be

available for this purpose; divided by--

2. The total number of refugees and Cuban/Haitian entrants who

arrived in the United States not more than 3 years prior to the

beginning of the fiscal year for which the funds are appropriated and

the number of Amerasians from Vietnam eligible for refugee social

services, as shown by the ORR Refugee Data System. The resulting per

capita amount will be multiplied by--

3. The number of persons in item 2, above, in the State as of

October 1, 1995, adjusted for estimated secondary migration.

The calculation above yields the formula allocation for each State.

Minimum allocations for small States are taken into account.

IV. Basis of Population Estimates

The population estimates for the proposed allocation of funds in FY

1996 are based on data on refugee arrivals from the ORR Refugee Data

System, adjusted as of October 1, 1995, for estimated secondary

migration. The data base includes refugees of all nationalities,

Amerasians from Vietnam, and Cuban and Haitian entrants.

For fiscal year 1996, ORR's proposed formula allocations for the

States for social services are based on the numbers of refugees and

Amerasians who arrived, and on the numbers of entrants who arrived or

were resettled, during the preceding three fiscal years: 1993, 1994,

and 1995, based on final arrival data by State. Therefore, estimates

have been developed of the numbers of refugees and entrants with

arrival or resettlement dates between October 1, 1992, and September

30, 1995, who are thought to be living in each State as of October 1,

1995. Refugees admitted under the Federal Government's private-sector

initiative are not included, since their assistance and services are to

be provided by the private sponsoring organizations under an agreement

with the Department of State.

The estimates of secondary migration were based on data submitted

by all participating States on Form ORR-11 on secondary migrants who

have resided in the U.S. for 36 months or less, as of September 30,

1995. The total migration reported by each State was summed, yielding

in- and out-migration figures and a net migration figure for each

State. The net migration figure was applied to the State's total

arrival figure, resulting in a revised population estimate.

Estimates were developed separately for refugees and entrants and

then combined into a total estimated 3-year refugee/entrant population

for each State. Eligible Amerasians are included in the refugee

figures.

If a State does not agree with ORR's population estimate and wishes

ORR to reconsider its population estimate, it should submit written

evidence to ORR, including a list of refugees identified by name, alien

number, date of birth, and date of arrival. Listings of refugees who

are not identified by their alien numbers will not be considered. Such

evidence should be submitted separately from comments on the proposed

allocation formula no later than 30 days from date of publication of

this notice and should be addressed to: Loren Bussert, Office of

Refugee Resettlement, 370 L'Enfant Promenade, S.W., Washington, DC

20447, Telephone: (202) 401-4732.

Table 1, below, shows the estimated 3-year populations, as of

October 1, 1995, of refugees (col. 1), entrants (col. 2), and total

refugees and entrants (col. 3); the formula amounts which the

population estimates yield (col. 4); and the proposed allocation

amounts after allowing for the minimum amounts (col. 5).

These population estimates and proposed allocation amounts are

intended to be as close to the final figures as was possible at the

time they were developed. However, revisions may need to be made to

reflect final adjustments in FY 1995 arrival data in some States.

V. Proposed Allocation Amounts

Funding will be contingent upon the submittal and approval of a

State annual services plan that is developed on the basis of a local

consultative process, as required by Sec. 400.11(b)(2) in the ORR

regulations. The following amounts are proposed for allocation for

refugee social services in FY 1996:

Table 1.--Estimated 3-Year Refugee/Entrant Populations of States Participating in the Refugee Program and

Proposed Social Service Formula Amounts and Allocations for FY 1996

Total Formula Proposed

State Refugees Entrants population amount allocation

(1) (2) (3) (4) (5)

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Alabama................................... 618 62 680 $125,354 $125,354

Alaska a.................................. 0 0 0 0 0

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Arizona................................... 3,575 416 3,991 735,715 735,715

Arkansas.................................. 317 5 322 59,359 100,000

California b.............................. 78,045 947 78,992 14,561,671 14,561,671

Colorado.................................. 3,808 12 3,820 704,193 704,193

Connecticut............................... 2,903 206 3,109 573,124 573,124

Delaware.................................. 89 5 94 17,328 75,000

Dist. of Columbia......................... 1,753 10 1,763 324,998 324,998

Florida................................... 13,823 32,158 45,961 8,476,304 8,476,304

Georgia................................... 9,811 192 10,003 1,843,989 1,843,989

Hawaii.................................... 758 0 758 139,732 139,732

Idaho..................................... 1,086 4 1,090 200,935 200,935

Illinois.................................. 12,644 267 12,911 2,380,060 2,380,060

Indiana................................... 1,140 12 1,152 212,364 212,364

Iowa...................................... 3,461 4 3,465 638,751 638,751

Kansas.................................... 2,112 11 2,123 391,362 391,362

Kentucky c................................ 2,301 164 2,465 454,407 454,407

Louisiana................................. 2,030 217 2,247 414,220 414,220

Maine..................................... 724 1 725 133,649 133,649

Maryland.................................. 6,311 140 6,451 1,189,201 1,189,201

Massachusetts............................. 10,009 164 10,173 1,875,328 1,875,328

Michigan.................................. 7,724 187 7,911 1,458,342 1,458,342

Minnesota................................. 9,846 20 9,866 1,818,734 1,818,734

Mississippi............................... 111 32 143 26,361 75,000

Missouri.................................. 4,998 22 5,020 925,405 925,405

Montana................................... 182 0 182 33,551 75,000

Nebraska.................................. 1,847 6 1,853 341,589 341,589

Nevada c.................................. 769 732 1,501 276,700 276,700

New Hampshire............................. 686 1 687 126,644 126,644

New Jersey................................ 6,369 1,150 7,519 1,386,080 1,386,080

New Mexico................................ 948 889 1,837 338,639 338,639

New York.................................. 60,186 1,116 61,302 11,300,632 11,300,632

North Carolina............................ 3,221 20 3,241 597,458 597,458

North Dakota.............................. 1,044 3 1,047 193,008 193,008

Ohio...................................... 5,094 20 5,114 942,733 942,733

Oklahoma.................................. 1,351 12 1,363 251,260 251,260

Oregon.................................... 5,149 273 5,422 999,511 999,511

Pennsylvania.............................. 9,762 132 9,894 1,823,896 1,823,896

Rhode Island.............................. 656 3 659 121,482 121,482

South Carolina............................ 503 2 505 93,094 100,000

South Dakota.............................. 658 0 658 121,298 121,298

Tennessee................................. 3,408 64 3,472 640,041 640,041

Texas..................................... 15,885 920 16,805 3,097,895 3,097,895

Utah...................................... 1,774 0 1,774 327,026 327,026

Vermont................................... 720 0 720 132,727 132,727

Virginia.................................. 5,922 172 6,094 1,123,390 1,123,390

Washington................................ 19,075 20 19,095 3,520,041 3,520,041

West Virginia............................. 27 1 128 5,162 75,000

Wisconsin................................. 5,096 13 5,109 941,812 941,812

Wyoming a................................. 0 0 0 0 0

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Total............................... 330,329 40,807 371,136 68,416,555 68,681,700

a Alaska and Wyoming no longer participate in the Refugee Program.

b A portion of the California allocation is expected to be awarded to continue a Wilson/Fish project in San

Diego.

c The allocation for Kentucky and Nevada is expected to be awarded to continue a Wilson/Fish project.

VI. Paperwork Reduction Act

This notice does not create any reporting or recordkeeping

requirements requiring OMB clearance.

(Catalog of Federal Domestic Assistance No. 93.566 Refugee

Assistance--State Administered Programs)

Dated: April 29, 1996.

Lavinia Limon,

Director, Office of Refugee Resettlement.

[FR Doc. 96-11146 Filed 5-3-96; 8:45 am]

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