[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)] [Notices] [Pages 15721-15725] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-8190] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Refugee Resettlement Program: Proposed Allocations to States of FY 1997 Funds for Refugee Social Services AGENCY: Office of Refugee Resettlement (ORR), ACF, DHHS. ACTION: Notice of proposed allocations to States of FY 1997 funds for refugee\1\ social services. --------------------------------------------------------------------------- \1\ In addition to persons who meet all requirements of 45 CFR 400.43, ``Requirements for documentation of refugee status,'' eligibility for refugee social services also includes: (1) Cuban and Haitian entrants, under section 501 of the Refugee Education Assistance Act of 1980 (Pub. L. 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. --------------------------------------------------------------------------- ----------------------------------------------------------------------- SUMMARY: This notice establishes the proposed allocations to States of FY 1997 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 1996 arrivals in some States. This notice reflects the decision by Congress to move the $19,000,000 Cuban and Haitian entrant set-aside from targeted assistance to social services. In addition, Congress provided for $11,079,000 under social services for increased support to communities with large concentrations of refugees whose cultural differences make assimilation especially difficult. EFFECTIVE DATE: Comments on the proposed allocations contained in this notice must be received by May 2, 1997. ADDRESSES: Address written comments, in duplicate, to: Toyo Biddle, Office of Refugee Resettlement, Administration for Children and Families, 370 L'Enfant Promenade, S.W., Washington, D.C. 20447. FOR FURTHER INFORMATION CONTACT: Toyo Biddle, Director, Division of Refugee Self-Sufficiency, (202) 401-9250. SUPPLEMENTARY INFORMATION: I. Amounts For Allocation The Office of Refugee Resettlement (ORR) has available $110,882,000 in FY 1997 refugee social service funds as part of the FY 1997 appropriation for the Department of Health and Human Services (Pub. L. 104-208). The FY 1997 House Appropriations Committee Report (H.R. Rept. No. 104-659) reads as follows with respect to social services funds: Funds are distributed by formula as well as through the discretionary grant making process for special projects. In addition, the Committee has transferred activities previously funded through the Targeted Assistance program to the Social Services program. The Committee agrees that $19,000,000 is available for assistance to serve communities affected by the Cuban and Haitian entrants and refugees whose arrivals in recent years have increased. The Committee has set-aside $11,079,000 for increased support to communities with large concentrations of refugees whose cultural differences make assimilation especially difficult justifying a more intense level and longer duration of Federal assistance. The Committee recommends that ORR give special consideration in allocating grant funding to applicants providing rehabilitation services for victims of physical and mental torture. The Committee requests that ORR be prepared to testify regarding its activities in support of victims of torture during the fiscal year 1998 budget hearings. The FY 1997 Senate Appropriations Committee Report (S. Rept. No. 104-368) further clarifies Congress' intent regarding funding for services for victims of torture as follows: The Committee notes the recent request for proposals to provide mental health services to victims of torture, and recommends that the Office of Refugee Resettlement, to the extent possible, devote increased resources to that program in fiscal year 1997. The Conference Report on Appropriations (H. Rept. No. 104-863) agrees with the House and Senate Reports regarding the allocation of social services. The Director of the Office of Refugee Resettlement (ORR) proposes to use the $110,882,000 appropriated for FY 1997 social services as follows:$68,682,550 will be allocated under the 3-year population formula, as set forth in this notice for the purpose of providing employment services and other needed services to refugees. $12,120,450 will be used to fund continuation grants and new grants through various discretionary grant announcements. $19,000,000 will be awarded to serve communities most heavily affected by recent Cuban and Haitian entrant and refugee arrivals. These funds would be awarded under a discretionary grant announcement that will be issued separately setting forth application requirements and evaluation criteria. $11,079,000 will be awarded through discretionary grants for communities with large concentrations of refugees whose cultural differences make assimilation especially difficult justifying a more intense level and longer duration of Federal assistance. A grant announcement will be issued separately which sets forth application requirements and evaluation criteria. Refugee Social Service Funds The population figures for the social services 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 $68,682,550 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, 1996 (including a floor amount for [[Page 15722]] 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. Next year ORR plans to re-examine the floor formula to determine whether it should be modified or eliminated in FY 1998. Population To Be Served Although the allocation formula is based on the 3-year refugee population, in accordance with the current requirements of 45 CFR Part 400 Subpart I--Refugee Social Services, States are not required to limit social service programs to refugees who have been in the U.S. only 3 years. However, under 45 CFR 400.152, States may not provide services funded by this notice, except for referral and interpreter services, to refugees who have been in the United States for more than 60 months (5 years). In accordance with 45 CFR 400.147, States are required to provide services to refugees in the following order of priority, except in certain individual extreme circumstances: (a) all newly arriving refugees during their first year in the U.S., who apply for services; (b) refugees who are receiving cash assistance; (c) unemployed refugees who are not receiving cash assistance; and (d) employed refugees in need of services to retain employment or to attain economic independence. ORR funds may not be used to provide services to United States citizens, since they are not covered under the authorizing legislation, with the following exceptions: (1) Under current regulations at 45 CFR 400.208, services may be provided to a U.S.-born minor child in a family in which both parents are refugees or, if only one parent is present, in which that parent is a refugee; and (2) under the FY 1989 Foreign Operations, Export Financing, and Related Programs Appropriations Act (Pub. L. No. 100-461), services may 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 45 CFR 400.79 and 400.156(g).) Each family self-sufficiency plan should address a family's needs for both employment-related services and other needed social services. The family self-sufficiency plan must include: (1) A determination of the income level a family would have to earn to exceed its cash grant and move into self-support without suffering a monetary penalty; (2) a strategy and timetable for obtaining that level of family income through the placement in employment of sufficient numbers of employable family members at sufficient wage levels; and (3) employability plans for every employable member of the family. Reflecting section 412(a)(1)(A)(iv) of the INA, and in keeping with 45 CFR 400.145, States must ensure that women have the same opportunities as men to participate in all services funded under this notice, including job placement services. In addition, services must be provided to the maximum extent feasible in a manner that includes the use of bilingual/bicultural women on service agency staffs to ensure adequate service access by refugee women. The Director also strongly encourages the inclusion of refugee women in management and board positions in agencies that serve refugees. In order to facilitate refugee self-support, the Director also expects States to implement strategies which address simultaneously the employment potential of both male and female wage earners in a family unit, particularly in the case of large families. States are expected to make every effort to assure the availability of day care services for children in order to allow women with children the opportunity to participate in employment services or to accept or retain employment. To accomplish this, day care may be treated as a priority employment-related service under the refugee social services program. Refugees who are participating in employment services or have accepted employment are eligible for day care services for children. For an employed refugee, day care funded by refugee social service dollars should be limited to one year after the refugee becomes employed. States are expected to use day care funding from other publicly funded mainstream programs as a prior resource and are expected to work with service providers to assure maximum access to other publicly funded resources for day care. In accordance with 45 CFR 400.146, social service funds must be used primarily for employability services designed to enable refugees to obtain jobs within one year of becoming enrolled in services in order to achieve economic self-sufficiency as soon as possible. Social services may continue to be provided after a refugee has entered a job to help the refugee retain employment or move to a better job. Social service funds may not be used for long-term training programs such as vocational training that last for more than a year or educational programs that are not intended to lead to employment within a year. In accordance with 45 CFR 400.156, 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 [[Page 15723]] 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 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 Formulas A. Allocation Formula Of the funds available for FY 1997 for social services, $68,682,550 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, 1996, adjusted for estimated secondary migration. The calculation above yields the formula allocation for each State. Minimum allocations for small States are taken into account. V. Basis of Population Estimates The population estimates for the proposed allocation of funds in FY 1997 are based on data on refugee arrivals from the ORR Refugee Data System, adjusted as of October 1, 1996, for estimated secondary migration. The data base includes refugees of all nationalities, Amerasians from Vietnam, and Cuban and Haitian entrants. For fiscal year 1997, 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: 1994, 1995, and 1996, 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, 1993, and September 30, 1996, who are thought to be living in each State as of October 1, 1996. 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, 1996. The total migration [[Page 15724]] 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. With regard to Havana parolees, in the absence of reliable data on this population, we are crediting each State that received entrant arrivals during the 3-year period from FY 1994-FY 1996 with a prorated share of the 9,494 parolees reported by the INS to have come to the U.S. directly from Havana in FY 1996. In addition, we have credited each State with the same share of FY 1995 Havana parolees that they were credited with in the final FY 1995 social service notice. The proposed allocations in this notice reflect these additional parolee numbers. If a State does not agree with ORR's population estimate and wishes ORR to reconsider its population estimate, it should submit written evidence to ORR, including a list of refugees identified by name, alien number, date of birth, and date of arrival. Listings of refugees who are not identified by their alien numbers will not be considered. Such evidence should be submitted separately from comments on the proposed allocation formula no later than 30 days from the date of publication of this notice and should be addressed to: Loren Bussert, 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, 1996, of refugees (col. 1), entrants (col. 2), Havana parolees (col. 3); total refugee/entrant population, (col. 4); the proposed formula amounts which the population estimates yield (col. 5); and the proposed allocation amounts after allowing for the minimum amounts (col. 6). These population estimates and proposed allocation amounts are intended to be as close to the final figures as was possible at the time they were developed. However, revisions may need to be made to reflect final adjustments in FY 1996 arrival data in some States. V. Proposed Allocation Amounts Funding will be contingent upon the submittal and approval of a State annual services plan that is developed on the basis of a local consultative process, as required by 45 CFR 400.11(b)(2) in the ORR regulations. The following amounts are proposed for allocation for refugee social services in FY 1997: Table 1--Estimated 3-Year Refugee/Entrant Populations (FY 1994-1996) of States Participating in the Refugees Program and Proposed Social Service Formula Amounts and Allocations for FY 1997 Proposed State Refugees Entrants Havana Total formula Proposed parolees \1\ population amount allocation (1) (2) (3) (4) (5) (6) ---------------------------------------------------------------------------------------------------------------- Alabama..................... 497 117 40 654 $128,901 $128,901 Alaska \2\.................. 0 0 0 0 0 0 Arizona..................... 4,243 569 221 5,033 979,298 979,298 Arkansas.................... 259 14 4 277 354,030 94,382 California \3\.............. 62,225 1,209 487 63,924 12,348,802 12,348,802 Colorado.................... 3,633 12 5 3,650 204,323 204,323 Connecticut................. 2,523 354 126 3,003 586,614 586,614 Delaware.................... 84 4 2 90 17,367 75,000 Dist. of Columbia........... 1,758 14 5 1,777 343,285 343,285 Florida..................... 13,914 33,334 15,135 62,383 12,084,440 12,084,440 Georgia..................... 9,169 282 106 9,557 1,848,799 1,848,799 Hawaii...................... 518 1 0 519 100,149 100,149 Idaho....................... 1,225 1 1 1,227 236,575 236,575 Illinois.................... 11,797 480 166 12,443 2,411,678 2,411,678 Indiana..................... 1,016 17 7 1,040 200,877 200,877 Iowa........................ 3,578 6 2 3,586 692,166 692,166 Kansas...................... 1,848 18 7 1,873 361,617 361,617 Kentucky \4\................ 2,692 465 137 3,294 650,485 650,485 Louisiana................... 1,718 294 118 2,130 414,489 414,489 Maine....................... 648 1 0 648 125,234 125,234 Maryland.................... 4,802 180 72 5,054 977,368 977,368 Massachusetts............... 8,356 212 85 8,653 1,672,236 1,672,236 Michigan.................... 7,655 336 117 8,108 1,571,894 1,571,894 Minnesota................... 9,645 26 10 9,681 1,868,481 1,868,481 Mississippi................. 102 41 16 159 31,260 75,000 Missouri.................... 5,154 32 13 5,199 1,003,612 1,003,612 Montana..................... 188 0 0 188 36,277 76,629 Nebraska.................... 1,707 38 9 1,754 340,005 340,005 Nevada \4\.................. 888 1,025 398 2,311 460,415 460,415 New Hampshire............... 731 1 0 732 141,250 141,250 New Jersey.................. 5,023 1,426 589 7,038 1,371,596 1,371,596 New Mexico.................. 629 1,124 463 2,216 438,417 438,417 New York.................... 49,240 1,399 569 51,208 9,896,023 9,896,023 North Carolina.............. 3,024 49 15 3,088 597,227 597,227 North Dakota................ 1,033 4 2 1,039 200,491 200,491 Ohio........................ 4,286 62 18 4,366 844,608 844,608 Oklahoma.................... 1,009 19 7 1,035 200,105 200,105 Oregon...................... 4,827 522 176 5,525 1,078,675 1,078,675 Pennsylvania................ 8,490 332 104 8,926 1,731,862 1,731,862 Rhode Island................ 524 7 2 533 103,043 103,043 South Carolina.............. 469 8 2 479 92,816 100,000 [[Page 15725]] South Dakota................ 817 0 0 817 157,652 157,652 Tennessee................... 3,188 225 63 3,476 678,658 678,658 Texas....................... 13,685 1,302 501 15,488 3,007,940 3,007,940 Utah........................ 1,903 1 0 1,904 367,406 367,406 Vermont..................... 709 0 0 709 136,812 136,812 Virginia.................... 5,202 253 96 5,551 1,075,009 1,075,009 Washington.................. 17,006 62 18 17,086 3,299,124 3,299,124 West Virginia............... 24 1 0 25 4,824 75,000 Wisconsin................... 3,849 22 8 3,879 748,989 748,898 Wyoming \2\................. 0 0 0 0 0 0 Total................... 287,513 45,901 19,922 353,336 68,423,113 68,682,550 ---------------------------------------------------------------------------------------------------------------- \1\ Includes Havana Parolees (HP's) for FY 1995 and FY 1996. For FY 1995, Florida' HP's (8240) were based on actual data while HP's in other States (2188) were prorated based on the States' proportion of the three year entrant population. For FY 1996, 9494 HP's were prorated to all States based on the States' proportion of the three year entrant population in the U.S. \2\ Alaska and Wyoming no longer participate in the Refugee Program. \3\ A portion of the California allocation is expected to be awarded to continue a Wilson/Fish project in San Diego. \4\ 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: March 26, 1997. Lavinia Limon, Director, Office of Refugee Resettlement. [FR Doc. 97-8190 Filed 4-1-97; 8:45 am] BILLING CODE 4184-01-P