[Federal Register: September 1, 2005 (Volume 70, Number 169)]
[Notices]
[Page 52111-52115]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se05-85]
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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; Final Notice of Allocations to
States of FY 2005 Funds for Refugee Social Services
AGENCY: Office of Refugee Resettlement (ORR), ACF, HHS.
ACTION: Final notice of allocations to States of FY 2005 funds for
refugee social services.
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SUMMARY: This notice establishes the final allocations to States of FY
2005 funds for refugee \1\ social services under
[[Page 52112]]
the Refugee Resettlement Program (RRP). The final notice reflects
amounts adjusted based upon final adjustments to FY 2002, FY 2003 and
FY 2004 (0ctober 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.
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Application: A State must have an approved State Annual Services
Plan, developed on the basis of local consultative process, as required
by 45 CFR 400.11(b)(2) in order to use formula social services funds
described in this final notice. A State must indicate in its refugee
program State Annual Services Plan that Cuban/Haitian entrants will be
served in order to use funds on behalf of entrants as well as refugees.
In order to use formula social services funds for Cuban and Haitian
entrants, a State must have an approved State Plan under the Cuban/
Haitian Entrant Program (CHEP).
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 (after rescission,
adjustments, and reprogramming) $152,242,365 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, and a reprogramming of $12,654,891 from social services to
Transitional and Medical Services (TAMS).
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 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 $152,242,365 appropriated (after
reprogramming) for FY 2005 social services as follows:
$77M is to 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 is to be allocated under the 3-year population
formula, as a set-aside for citizenship and naturalization preparation
services for the elderly.
$17M is to be awarded as new social service discretionary
grants under new and prior year standing competitive grant
announcements issued separately from this proposed notice.
$19M is 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.
$24M is to be awarded through discretionary grants for
continuation of awards made in prior years.
$12M 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.
A reprogramming of $12,645,891 from social services to
Transitional and Medical Services (TAMS) in July 2005 was transacted to
cover FY 2005 cash and medical assistance costs.
Refugee Social Service Funds
The FY 2005 population figures used for the final 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 final 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 III. Basis of Population Estimates).
The Director allocates $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, approximately $6.4M is to be awarded to Wilson/Fish Alternative
Projects providing social services. As previously stated, $2M is to 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
[[Page 52113]]
$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 in accordance with 45 CFR 400.300.
A State must have an approved State Annual Services Plan, developed
on the basis of local consultative process, as required by 45 CFR
400.11(b)(2) in order to use formula social services funds described in
this final notice. A State must indicate in its refugee program State
Annual Services Plan that Cuban/Haitian entrants will be served in
order to use funds on behalf of entrants as well as refugees. In order
to use formula social services funds for Cuban and Haitian entrants, a
State must have an approved State Plan under the Cuban/Haitian Entrant
Program (CHEP).
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 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 formula social
services funds available to pay for social services that are provided
to refugees who participate in Wilson/Fish projects (see footnote 4,
Table 1) 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
ORR did not receive any comments in response to the Proposed Notice
to States of FY 2005 Funds for Refugee Social Services.
III. Allocation Formulas
Of the funds available for FY 2005 for social services, $77,136,460
is 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 figures used in the final allocation in Fiscal Year
2005 for the formula social service funds 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
[[Page 52114]]
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. Several States responded to this
voluntary process, and submitted data following the standardized EXCEL
format suggested by ORR to submit 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 submitted separately on an
EXCEL spreadsheet. Data submitted by States were verified by ORR
against the ORR arrival database (RADS), and adjustments made in this
final notice of social service allocation for FY 2005.
Additionally, in FY 2005, ORR asked States to submit list of
asylees served in their employment services programs. About 45,000
names were submitted. ORR matched these names and A-Numbers with the
data that ORR had received from the U.S. Citizenship and Immigration
Services (USCIS) and the Executive Office of Immigration Review (EOIR).
However, only about 45 percent or 20,368 of the names submitted were
found to match the records in the database. The primary reasons for the
unmatched submissions were that the asylum claim was granted outside
the five-year eligibility period, the A-Number did not appear in the
ORR database, or the name submitted did not match the A-Number and name
in the ORR database. The reason for the lack of the A-Number occurred
when the head of household applied for asylum but failed to list his/
her family members in the asylum claim. The family members eventually
received derivative asylum status based upon the head of household
claim. These family members may have received ORR-funded services,
however, their names do not appear in the database of asylum claimants
because they were not included in the initial asylum application of the
head of household. Therefore, these individuals remain unverifiable.
As previously stated, ORR 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 final 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 final allocations. Data on entrants includes
information on those who arrived in the U.S. through 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 and entrant 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 captured on the Form ORR-11, therefore, State's data on asylees,
victims of trafficking and their family members accessing benefits and
services after FY 2003 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
figure. ORR calculations are developed separately for refugees and
entrants and then combined into a total 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) represents the FY 2005 final social service
formula allocations. Column(1) reflects 3-year populations, as of
October 1, 2004, of refugees, entrants (col. 2), asylees (col. 3),
Havana parolees (col. 4), victims of trafficking (col. 5), total
population, (col. 6), the formula amounts which the population yields
(col. 7), the allocation (col. 8), elderly set-aside (col. 9), and
total final allocations (col. 10).
V. Final Allocation Amounts
Funding subsequent to the publication of this final 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.
VI. Paperwork Reduction Act
This notice does not create any reporting or record keeping
requirements requiring OMB clearance.
Date/signed by Director: August 29, 2005.
Nguyen Van Hanh,
Director, Office of Refugee Resettlement.
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