[Federal Register: May 27, 2005 (Volume 70, Number 102)]
[Notices]
[Page 30751-30755]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27my05-79]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
[CFDA No.: 93.566, Refugee Assistance--State Administered Programs]
Office of Refugee Resettlement; Proposed Notice of Allocations to
States of FY 2005 Funds for Refugee Social Services
AGENCY: Office of Refugee Resettlement (ORR), ACF, HHS.
ACTION: Proposed notice of allocations to States of FY 2005 funds for
refugee social services.
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SUMMARY: This notice establishes the proposed allocations to States of
FY 2005 funds for refugee \1\ social services under the Refugee
Resettlement Program (RRP). The final notice will reflect amounts
adjusted based upon final adjustments to FY 2002, FY 2003 and FY 2004
(October 1, 2001 through September 30, 2004) data submitted to ORR by
States.
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\1\ Eligibility for refugee social services include refugees,
asylees, Cuban and Haitian entrants, certain Amerasians from Viet
Nam who are admitted to the U.S. as immigrants, certain Amerasians
from Viet Nam who are U.S. citizens, and victims of a severe form of
trafficking who receive certification or eligibility letters from
ORR, and certain other specified family members. See 45 CFR 400.43
and ORR State Letter 01-13 on the Trafficking Victims
Protection Act, dated May 3, 2001, as modified by ORR State Letter
02-01, January 4, 2002, and ORR State Letter 04-
12, June 18, 2004.
The term ``refugee,'' used in this notice for convenience, is
intended to encompass such additional persons who are eligible to
participate in refugee program services.
FOR FURTHER INFORMATION CONTACT: Kathy Do, Division of Budget, Policy,
and Data Analysis (BPDA), telephone: (202) 401-4579, e-mail:
_____________________________________-kdo@acf.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Amounts for Allocation
The Office of Refugee Resettlement (ORR) has available (after
rescission and adjustments) $164,888,000 in Fiscal Year 2005 refugee
social service funds as part of the FY 2005 appropriation under the
Consolidated Appropriations Act, 2005, (Pub. L. 108-447). This amount
reflects a rescission of 0.008 applied across the board to all line
items.
The FY 2005 Conference Report (H. Rpt. No. 108-792) reads as
follows with respect to Refugee and Entrant Assistance:
``The conference agreement includes $488,336,000 for the refugee
and entrant assistance programs rather than $491,336,000 as proposed
by the House and $477,239,000 as proposed by the Senate * * *
The conference agreement provides $166,218,000 for social
services, the same level as proposed in the House bill. The Senate
had proposed $155,121,000 for this program. Within the funds
provided, the conference agreement includes $19,000,000 as outlined
in the House report. The conferees intend that funds provided above
the request for social services shall be used for refugee school
impact grants and for additional assistance in resettling and
meeting the needs of the Hmong and Somali Bantu refugees expected to
arrive during 2004 and 2005.
The conferees also urge the Office of Refugee Resettlement to
continue supporting discretionary grant activities, such as the
individual development accounts, community service employment, and
elderly refugee programs to the extent they have been successful in
integrating refugees into society and promoting their self
sufficiency.''
The House Committee Report, H. Rpt. No. 108-636 states under Social
Services:
``The Committee provides $166,218,000 for social services. This
is $15,097,000 more than the budget request and $14,000,000 more
than the fiscal year 2004 level. Funds are distributed by formula as
well as through the discretionary grant making process for special
projects. The Committee intends that
[[Page 30752]]
funds provided above the request shall be used for Refugee School
Impact Grants and for additional assistance in resettling and
meeting the needs of the Hmong refugees expected to arrive during
2004 and 2005.
Within the funds provided, the Committee has included
$19,000,000 for increased support to communities with large
concentrations of Cuban and Haitian refugees of varying ages whose
cultural differences make assimilation especially difficult,
justifying a more intense level and longer duration of Federal
assistance for healthcare and education.''
ORR intends to use the $164,888,000 appropriated (after rescission)
for FY 2005 social services as follows:
$77M will be allocated under the 3-year population (FYs
2002, 2003, and 2004) formula, as set forth in this notice for the
purpose of providing employment services and other needed services to
refugees.
$2M will be allocated under the 3-year population formula,
as a set-aside for citizenship and naturalization preparation services
for the elderly.
Approximately $17M is expected to be awarded as new social
service discretionary grants under new and prior year standing
competitive grant announcements issued separately from this proposed
notice.
Approximately $19M is expected to be awarded to serve
communities most heavily affected by recent Cuban and Haitian entrant
and refugee arrivals. These funds will be awarded under a prior year
separate announcement.
Approximately $24M is expected to be awarded through
discretionary grants for continuation of awards made in prior years.
Approximately $15M in FY 2005 social services funding will
be awarded under a separate announcement for educational support to
schools with a significant proportion of refugee children, consistent
with previous support to schools heavily impacted by large
concentrations of refugees.
Approximately $9.6M is reserved for future distribution.
Refugee Social Service Funds
The FY 2005 population figures that have been used for this
proposed formula social services allocation include refugees,
Amerasians from Viet Nam, Cuban/Haitian entrants, Havana parolees,
asylees, and victims of severe forms of trafficking for FYs 2002, 2003,
and 2004. These population figures were adjusted in the proposed
allocation to reflect more accurate information on arrivals, secondary
migration (including that of victims of severe forms of trafficking),
asylees, and entrant data submitted by States. (See Section IV. Basis
of Population Estimates.)
The Director proposes to allocate $77,136,460 to States on the
basis of each State's proportion of the national population of refugees
who have been in the U.S. three years or less as of October 1, 2004
(including a floor amount for States that have small refugee
populations). Of the amount proposed to be awarded, approximately $6.4
million is expected to be awarded to Wilson/Fish Alternative Projects
providing social services. As previously stated, $2,000,000 will be
allocated as a set-aside for citizenship and naturalization preparation
services for the elderly.
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 ``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 1992 social services notice published in
the Federal Register on 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.
Population To Be Served and Allowable Services
Eligibility for refugee social services includes persons who meet
all requirements of 45 CFR 400.43 (see Footnote 1 on page 1 for service
populations). In addition, persons granted asylum are eligible for
refugee benefits and services from the date that asylum was granted
(See ORR State Letter No. 00-12, effective June 15, 2000, as clarified
by ORR State Letter No. 00-15, August 3, 2000). Victims of a severe
form of trafficking who have received a certification or eligibility
letter from ORR and certain other specified family members are eligible
from the date on the certification letter (see ORR State Letter No. 01-
13, May 3, 2001, as modified by ORR State Letter No. 02-01, January 4,
2002, and ORR State Letter, No.04-12, June 18, 2004).
Services to refugees must be provided in accordance with the rules
of 45 CFR part 400 Subpart I--Refugee Social Services. Although the
allocation formula is based on the 3-year refugee population (FYs 2002,
2003, and 2004), States may provide services to refugees who have been
in the country up to 60 months (5 years), with the exception of
referral and interpreter services and citizenship and naturalization
preparation services for which there is no time limitation (45 CFR
400.152(b)).
Under waiver authority at 45 CFR 400.300, the Director of ORR may
issue a waiver of the limitation on eligibility for social services
contained in 45 CFR 400.152(b). There is no blanket waiver of this
provision in effect for FY 2004. States may apply for a waiver of 45
CFR 400.152(b) in writing to the Director of ORR. Each waiver request
will be reviewed based on supporting data and information provided. The
Director of ORR will approve or disapprove each waiver request as
expeditiously as possible.
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.
Allowable social services are those indicated in 45 CFR 400.154 and
400.155. Additional services not included in these sections that the
State may wish to provide must be submitted to and approved by the
Director of ORR as required under 45 CFR 400.155(h).
Service Priorities
In accordance with 45 CFR 400.147, States are required to provide
social 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. In order for refugees to leave Temporary
[[Page 30753]]
Assistance for Needy Families (TANF) quickly, States should, to the
extent possible, ensure that all newly arriving refugees receive
refugee-specific services designed to address the employment barriers
that refugees typically face.
ORR encourages States to re-examine the range of services they
currently offer to refugees. Those States that have had success in
helping refugees achieve early employment may find it to be a good time
to expand beyond the provision of basic employment services and address
the broader needs that refugees have in order to enhance their ability
to maintain financial security and to successfully integrate into the
community. Other States may need to reassess the delivery of employment
services in light of local economic conditions and develop new
strategies to better serve the newly arriving refugee groups.
States should also be aware that ORR will make social services
formula funds available to pay for social services that are provided to
refugees who participate in Wilson/Fish projects which can be
administered by public or private non-profit agencies, including
refugee, faith-based and community organizations. 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 standing notice with respect
to applications for such projects. The notice can be found in the
Federal Register [Volume 69, FR 65, pages 17692-17700, (April 5,
2004)].
States are encouraged to consider eligible sub-recipients for
formula social service funds, including public or private non-profit
agencies such as, refugee, faith-based, and community organizations.
II. Comments and Response
Note: This section is reserved for discussion of comments and
response in the Final Notice.
III. Allocation Formulas
Of the funds available for FY 2005 for social services, $77,136,460
is proposed to be allocated to States in accordance with the formula
specified in A. below.
A. A State's allowable formula allocation is calculated as follows:
1. The total amount of funds determined by the Director to be
available for this purpose; divided by
2. The total number of refugees, Cuban/Haitian entrants, parolees,
and Amerasians from Viet Nam, as shown by the ORR Refugee Arrivals Data
System (RADS) for FYs 2002, 2003, and 2004, and victims of severe forms
of trafficking as shown by the certification and eligibility letters
issued by ORR, 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. This total also includes the total number of asylees who
have been served by a State through its refugee resettlement or social
services system in FYs 2002, 2003, and 2004. The resulting per capita
amount is multiplied by--
3. The number of persons in item 2, above, in the State as of
October 1, 2004, 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
Fiscal Year 2005 for the formula social service allocation are based on
data on refugee arrivals for FYs 2002, 2003, and 2004 from the ORR
Refugee Arrivals Data System (RADS), adjusted as of September 30, 2004,
for estimated secondary migration. The data base includes refugees of
all nationalities, Amerasians from Viet Nam, Cuban and Haitian
entrants, Havana parolees, asylees, and trafficking victims. Data on
the number of asylees who have been served in FYs 2002, 2003, and 2004
through the refugee resettlement program or social service system are
provided by States. Data on trafficking victims are taken from the
total number of trafficking victims' certification and eligibility
letters issued by ORR.
Consistent with States' requests, in Fiscal Year 2005, ORR
implemented a new voluntary process for data submission by States prior
to issuance of the proposed allocations in an effort to minimize
adjustments of final allocations. Prior to the publication of the
proposed notice, the request for voluntary data submission was sent to
States via e-mail on December 20, 2004 with a due date of February 8,
2005. States were requested to follow the standardized EXCEL format
suggested by ORR to submit the data on asylees, entrants, and/or family
members of victims of a severe form of trafficking served during FY
2004. Data for each population group was to be submitted separately on
an EXCEL spreadsheet. The spreadsheet(s) was due at ORR on February 8,
2005, as an attachment to an e-mail to: lbussert@acf.hhs.gov. States
that did not respond to the December 20, 2004 request are hereby
notified that ORR will accept data from States in response to this
proposed social services notice. Data to be submitted by States will be
verified by ORR against the ORR arrival database (RADS), and
adjustments may be included, as a result of this process, in the final
notice of social service allocation for FY 2005. Deadline for
submission of data or comments to ORR is 30 days from publication of
this proposed notice. This is the final opportunity for States to
submit data to ORR on the number of asylees, entrants or family members
of trafficking victims served during FY 2004. The EXCEL format for data
submission is available from Kathy Do by e-mail at Kdo@acf.hhs.gov.
As previously stated, ORR proposed formula social service
allocations for the States for FY 2005 are based on the numbers of
refugee arrivals, Amerasians, entrants, Havana parolees, asylees, and
victims of a severe form of trafficking. Refugee numbers are based upon
the arrivals during the preceding FYs 2002, 2003, and 2004 adjusted as
of September 30, 2004, for estimated secondary migration. The proposed
allocations also reflect adjustments for family members of victims of
severe forms of trafficking served in FY 2004, and asylees who have
been served by the States in FYs 2002, 2003, and 2004 through the
refugee resettlement program or social service system. Data on Havana
parolees who entered the U.S. through a controlled process at the Port
of Miami are also included in the proposed allocations. Data on
entrants includes information on those who arrived in the U.S. through
Miami, data on entrants submitted by States on entrants who arrived in
the U.S. through a land border or port of entry other than Miami, and
information on those who have migrated from southern Florida and are
receiving services in another State.
The data on secondary migration are based on data submitted by all
participating States on Form ORR-11 on refugee secondary migrants who
have resided in the U.S. for 36 months or less, as of September 30,
2004. The total migration reported by each State was due to ORR on
January 5, 2005. Asylees and victims of trafficking data are not
[[Page 30754]]
captured on the Form ORR-11, therefore, State's data on asylees,
victims of trafficking and their family members accessing benefits and
services are used to ensure current information for allocations
purposes. The total migration data from Form ORR-11 is summed, yielding
in- and out-migration figures and a net migration figure for each
State. The net migration figure is applied to the State's total arrival
figure, resulting in a revised ORR population estimate. ORR
calculations are developed separately for refugees and entrants and
then combined into a total proposed 3-year refugee/entrant population
for each State. Eligible Amerasians are included in the refugee
figures. Havana parolees (HP's) are enumerated in a separate column in
Table 1, below, because they are tabulated separately from other
entrants. Havana parolee arrivals for all States are based on actual
data.
Table 1 (attached) shows the estimated 3-year populations, as of
October 1, 2004, of refugees (col. 1), entrants (col. 2), asylees (col.
3), Havana parolees (col.4), victims of trafficking (col. 5), total
population, (col. 6), the proposed formula amounts which the population
yields (col. 7), proposed allocation (col. 8), elderly set-aside (col.
9), and total proposed allocations (col. 10).
V. Proposed Allocation Amounts
Funding subsequent to the publication of this proposed notice will
be contingent upon the submission 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.
Table 1, attached, represents the FY 2005 proposed social service
formula allocations.
VI. Paperwork Reduction Act
This notice does not create any reporting or record keeping
requirements requiring OMB clearance.
Dated: May 19, 2005.
Nguyen Van Hanh,
Director, Office of Refugee Resettlement.
Table 1.--Estimated Three-Year Refugee/Entrant/Asylee/Parolee/Trafficking Victim Populations of States Participating in the Refugee Resettlement Program and Proposed Social Service Formula
Allocations for FY 2005 (Adjusted for Secondary Migration Based on the ORR-11)
[Proposed FY 2005 Social Services Formula Notice]
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Havana Proposed Total
State Refugees Entrants Asylees \2\ parolees Trafficking Total formula Proposed Elderly proposed
\1\ \3\ victims population amount allocation Set-aside allocation
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Alabama \4\................................................... 120 0 0 23 ........... 143 61,999 90,321 2,342 92,663
Alaska \4\.................................................... 102 0 31 0 ........... 133 57,663 85,985 2,229 88,214
Arizona....................................................... 3,564 510 258 14 7 4,353 1,887,272 1,887,272 48,933 1,936,205
Arkansas...................................................... 9 1 5 1 ........... 16 6,937 75,000 1,945 76,945
California \4\................................................ 14,773 26 3,406 79 64 18,348 7,954,897 7,954,895 206,254 8,161,149
Colorado \4\.................................................. 1,677 1 199 9 ........... 1,886 817,688 817,688 21,201 838,889
Connecticut................................................... 959 12 103 30 ........... 1,104 478,646 478,646 12,410 491,056
Delaware...................................................... 87 5 0 0 ........... 92 39,887 75,000 1,945 76,945
Dist. of Columbia............................................. 0 0 579 1 3 583 252,763 252,763 6,554 259,317
Florida....................................................... 6,911 11,272 7,806 30,591 27 56,607 24,542,335 24,542,335 636,336 25,178,671
Georgia....................................................... 4,312 15 331 119 5 4,782 2,073,267 2,073,267 53,756 2,127,023
Hawaii........................................................ 12 0 0 0 8 20 8,671 75,000 1,945 76,945
Idaho \4\..................................................... 819 2 0 1 3 825 357,684 357,684 9,274 366,958
Illinois...................................................... 3,019 14 0 63 13 3,109 1,347,927 1,347,927 34,949 1,382,876
Indiana....................................................... 773 1 0 12 ........... 786 340,775 340,775 8,836 349,611
Iowa.......................................................... 1,122 0 6 0 ........... 1,128 489,052 489,052 12,680 501,732
Kansas........................................................ 263 0 0 11 ........... 274 118,794 118,794 3,080 121,874
Kentucky \4\.................................................. 1,243 1,284 36 31 1 2,595 1,125,079 1,125,079 29,171 1,154,250
Louisiana..................................................... 339 99 9 48 ........... 495 214,610 214,610 5,564 220,174
Maine......................................................... 862 0 0 1 ........... 863 374,159 374,159 9,701 383,860
Maryland...................................................... 2,009 6 1,567 14 6 3,602 1,561,671 1,561,671 40,491 1,602,162
Massachusetts \4\............................................. 2,832 91 514 18 4 3,459 1,499,672 1,499,672 38,884 1,538,556
Michigan...................................................... 1,835 607 0 52 5 2,499 1,083,458 1,083,458 28,092 1,111,550
Minnesota..................................................... 9,543 1 164 1 3 9,712 4,210,701 4,210,701 109,175 4,319,876
Mississippi................................................... 24 5 0 8 ........... 37 16,042 75,000 1,945 76,945
Missouri...................................................... 2,238 20 119 10 3 2,390 1,036,200 1,036,200 26,867 1,063,067
Montana....................................................... 38 0 0 0 ........... 38 16,475 75,000 1,945 76,945
Nebraska...................................................... 815 1 0 2 ........... 818 354,649 354,649 9,195 363,844
Nevada \4\.................................................... 676 716 0 69 4 1,465 635,160 635,160 16,468 651,628
New Hampshire................................................. 960 0 1 1 2 964 417,949 417,949 10,837 428,786
New Jersey.................................................... 576 164 0 375 7 1,122 486,450 486,450 12,613 499,063
New Mexico.................................................... 141 282 0 3 ........... 426 184,695 184,695 4,789 189,484
New York...................................................... 6,466 1,262 0 115 106 7,949 3,446,341 3,446,341 89,357 3,535,598
North Carolina................................................ 3,073 9 418 65 1 3,566 1,546,063 1,546,063 40,086 1,586,149
North Dakota \4\.............................................. 457 0 6 0 ........... 463 200,737 200,737 5,205 205,942
Ohio.......................................................... 4,801 1 180 6 2 4,990 2,163,447 2,163,447 56,094 2,219,541
Oklahoma...................................................... 169 0 36 1 52 258 111,858 11,858 2,900 114,758
Oregon........................................................ 2,715 420 66 3 1 3,205 1,389,549 1,389,549 36,028 1,425,577
Pennsylvania.................................................. 3,686 540 494 33 5 4,758 2,062,862 2,062,862 53,486 2,116,348
Rhode Island.................................................. 477 5 55 0 ........... 537 232,820 232,820 6,037 238,857
South Carolina................................................ 292 0 ........... 16 ........... 308 133,535 133,535 3,462 136,997
South Dakota \4\.............................................. 814 0 0 4 ........... 818 354,649 354,649 9,195 363,844
Tennessee..................................................... 1,442 5 0 60 ........... 1,507 653,370 653,370 16,941 670,311
Texas......................................................... 5,365 1,337 431 99 61 7,293 3,161,928 3,161,928 81,983 3,243,911
Utah.......................................................... 1,327 3 90 1 ........... 1,421 616,084 616,084 15,974 632,058
Vermont....................................................... 397 0 10 0 ........... 407 176,458 176,458 4,575 181,033
Virginia...................................................... 2,451 429 332 37 12 3,261 1,413,828 1,413,828 36,658 1,450,486
Washington.................................................... 9,348 0 0 7 7 9,362 4,058,956 4,058,956 105,241 4,164,197
West Virginia................................................. 7 0 0 0 ........... 7 3,035 75,00 1,945 76,945
Wisconsin..................................................... 2,146 1 23 3 ........... 2,173 942,118 942,118 24,427 966,545
Wyoming \5\................................................... ........... ........... ........... ........... ........... ........... ........... ........... ........... ...........
--------------
Total..................................................... 108,086 19,147 17,275 32,037 412 176,957 76,720,865 77,136,460 2,000,000 79,136,460
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\1\ Includes Amerasian immigrants. Adjusted for secondary migration.
\2\ Asylee counts are submitted by States and verified by matching against data from the Department of Justice/Executive Office of Immigration Review, and the U.S. Citizenship and Immigration
Service.
\3\ For all years, Havana Parolee arrivals for all States are based on actual data.
\4\ The allocations for the States of Alabama, Alaska, Colorado, Idaho, Kentucky, Massachusetts, Nevada, North Dakota, and South Dakota, and for the county of San Diego, California are
expected to be awarded to Wilson/Fish projects.
[[Page 30755]]
\5\ Wyoming no longer participates in the Refugee Resettlement Program.
[FR Doc. 05-10674 Filed 5-26-05; 8:45 am]
BILLING CODE 4184-01-P