[Federal Register Volume 69, Number 54 (Friday, March 19, 2004)]
[Notices]
[Pages 13056-13060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6203]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration of Children and Families

Office of Refugee Resettlement


Proposed Notice of Allocations to States of FY 2004 Funds for 
Refugee Social Services

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

ACTION: Proposed notice of allocations to States of FY 2004 funds for 
refugee social services.

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[CFDA No.: 93.566, Refugee Assistance--State Administered Programs]

SUMMARY: This notice establishes the proposed allocations to States of 
FY 2004 funds for refugee \1\ social services under the Refugee 
Resettlement Program (RRP). In the final notice, amounts may be 
adjusted based upon final adjustments to FY 2002 and FY 2003 data in 
some 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. 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.
    Due to recent legislative changes, certain family members who 
are accompanying or following to join victims of severe forms of 
trafficking also are eligible for ORR-funded benefits and services. 
These individuals have been granted nonimmigrant visas under 8 
U.S.C. 1101(a)(15)(T)(ii).
    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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DATES: Comments on this Notice must be received by April 19, 2004.

FOR FURTHER INFORMATION CONTACT: Kathy Do, Division of Budget, Policy, 
and Data Analysis (BPDA), telephone: (202) 401-4579, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Amounts for Allocation

    The Office of Refugee Resettlement (ORR) has available $152,217,586 
in FY 2004 refugee social service funds. See Consolidated 
Appropriations Act, 2004, Pub. L. 108-199. This amount reflects a 
recission of 0.59 percent applied across the board to all line items.
    The FY 2004 Conference Report (H.R. Rept. No. 108-401) reads as 
follows with respect to social service funds:

    The conference agreement appropriates $450,276,000 rather than 
the $461,853,000 as proposed by H.R. 2660 and $428,056,000 as 
proposed by the Senate. Within this amount, $153,121,000 is provided 
for social services as proposed in H.R. 2660. The Senate bill 
included $140,000,000 for this purpose.
    The agreement also includes $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.
    The conferees recognize the importance of continued educational 
support to schools with a significant proportion of refugee 
children, consistent with previous support to schools heavily 
impacted by large concentrations of refugees, and urge the Office of 
Refugee Resettlement to support these efforts should funding become 
available in the social services or other programs.

    ORR intends to use the $ 152,217,586 appropriated for FY 2004 
social services as follows:
     Approximately $79,000,000 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.
     Approximately $14,000,000 is expected to be 
awarded as new and continuation social service discretionary grants 
under new and prior year competitive grant announcements issued 
separately from this proposed notice.
     Approximately $19,000,000 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 $28,000,000 is expected to be 
awarded through discretionary grants for continuation of awards made in 
prior years.
     Up to $15,000,000 will be utilized to continue 
the awards 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. Of this 
amount, up to $6,500,000 in prior year funds may be used to augment the 
current budget authority of $8,500,000.
     Approximately $2,000,000 is expected to be 
awarded through contracts for an evaluation of the effectiveness of 
ORR's employment programs.

Refugee Social Service Funds

    The FY 2004 population figures that have been used for this 
proposed formula social services allocation include refugees, 
Amerasians from Viet Nam, Cuban/Haitian entrants, Havana parolees, and 
victims of severe forms of trafficking. These population figures will 
be adjusted in the final allocation to reflect more accurate 
information on arrivals in 2003, secondary migration (including that of 
victims of severe forms of trafficking) and asylee data submitted by 
States. (See Section IV. Basis of Population Estimates).
    The Director proposes allocating $79,728,843 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, 2003 
(including a floor amount for States that have small refugee 
populations). Of the amount proposed to be awarded, approximately $6 
million is expected to be awarded to Wilson/Fish Alternative Projects 
providing social services.
    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

[[Page 13057]]

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). Victims of a 
severe form of trafficking who have received a certification or 
eligibility letter from ORR 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). Certain 
family members who are accompanying or following to join victims of 
severe forms of trafficking also are eligible for ORR-funded benefits 
and services. See 22 U.S.C. 7105(b)(1)(A), as amended by section 
4(a)(2)(A) of the ``Trafficking Victims Protection Reauthorization Act 
of 2003,'' Pub. L. 108-193. These individuals have been granted 
nonimmigrant visas under 8 U.S.C. 1101(a)(15)(T)(ii). This visa can be 
granted to the spouse, children and parents of a victim of a severe 
form of trafficking who is under 21 years of age or to the spouse and 
children of a victim of a severe form of trafficking who is 21 or 
older.
    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, 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 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 in the Federal 
Register with respect to applications for such projects (64 FR 19793 
(April 22, 1999)).
    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. (Reserved for Discussion in the Final Notice of Submitted Comments)

III. Allocation Formulas

    Of the funds available for FY 2004 for social services, $79,728,843 
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 FY 2001-2002, Refugee Processing Center (RPC) data 
for FY 2003, 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 will also 
include the total number of asylees who have been served by a State 
through its refugee resettlement or social services system in FYs 2001, 
2002, and 2003. The resulting per capita amount is multiplied by--
    3. The number of persons in item 2, above, in the State as of 
October 1, 2003, 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 
2004

[[Page 13058]]

for the formula social service allocation are based on data on refugee 
arrivals from the ORR Refugee Arrivals Data System, adjusted as of 
September 30, 2003, for estimated secondary migration. The database 
includes refugees of all nationalities, Amerasians from Viet Nam, and 
Cuban and Haitian entrants. Data on trafficking victims are taken from 
the total number of trafficking victims' certification and eligibility 
letters issued by ORR.
    For Fiscal Year 2004, ORR's proposed formula social service 
allocations for the States are based on the numbers of refugees, 
Amerasians, victims of a severe form of trafficking, entrants and 
Havana parolees. Refugee numbers are based upon the arrivals during the 
preceding fiscal years: 2001, 2002, and 2003. After consultation with 
the Refugee Processing Center (RPC), Department of State (DOS), ORR has 
decided to use the ORR-Refugee Arrivals Data System (ORR-RADS) database 
of arrival numbers for FYs 2001, 2002, and the RPC data for FY 2003 as 
the basis for the final FY 2004 social services allocations.
    The proposed FY 2004 social services allocations may reflect 
adjustments in FY 2003 arrivals, secondary migration, victims of severe 
forms of trafficking, and asylees who have been served by the States in 
FYs 2001, 2002, and 2003 through its refugee resettlement program or 
social service system.
    The data on secondary migration are 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, 2003. 
The total migration reported by each State was due to ORR on January 5, 
2004. The total migration is summed by ORR, 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 final 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 proposed 3-year populations, as of 
October 1, 2003, of refugees (col. 1), entrants (col. 2), Havana 
parolees (col. 3), victims of trafficking (col. 4), total population, 
(col. 5), the proposed formula amounts which the population yield (col. 
6), and the proposed allocation by States (col. 7).
    If a State does not agree with ORR's population estimate and wishes 
ORR to reconsider its numbers, 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 number 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 sent via overnight mail to : Loren Bussert, 
Division of Budget, Policy and Data Analysis, Office of Refugee 
Resettlement, 370 L'Enfant Promenade, SW., Washington, DC 20447, 
Telephone: (202) 401-4732, or as an Excel spreadsheet or other 
compatible spreadsheet format as an email attachment to: 
[email protected]
    States which have served asylees during the past three years also 
may submit the following information in order to have their population 
estimate adjusted to include those asylees whose asylum was granted 
within the 36 month period ending September 30, 2003: (1) Alien number; 
(2) date of birth; and, (3) the date asylum was granted. States may 
submit data on persons who received asylum in their State as well as 
data on persons who received asylum elsewhere and who have migrated 
into their State. It is recommended that States not use Form ORR-11 to 
report the secondary migration of asylees.
    ORR will credit States that have served victims of a severe form of 
trafficking during the past year with additional numbers as verified 
with ORR certification letters issued. A State which has served a 
victim of a severe form of trafficking who the State believes was 
residing in a different State at the time that the ORR certification/
eligibility letter was issued, should submit the following information 
in order to have their population estimate adjusted to include these 
trafficking victims: (1) Alien number, if available; (2) date of birth; 
(3) certification letter number and, (4) date on the certification 
letter.
    Please submit the above data on asylees and trafficking victims 
served on separate Excel spreadsheets as an email attachment within 30 
days of the publication date of this announcement to: 
[email protected]

V. Proposed Allocation Amounts

    Funding subsequent to the publication of this 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 proposed allocation for refugee 
social services in FY 2004.

VI. Paperwork Reduction Act

    This notice does not create any reporting or record keeping 
requirements requiring OMB clearance.

    Dated: March 10, 2004.
Nguyen Van Hanh,
Director, Office of Refugee Resettlement.

  Table 1.--Estimated Three-Year Refugee/Entrant/Parolee/Trafficking Victim Populations of States Participating in the Refugee Resettlement Program and
                     Estimated Social Service Formula Allocations for FY 2004 (Adjusted for Secondary Migration Based on the ORR-11)
                                                    [Proposed FY 2004 Social Services Formula Notice]
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                                                                                                                             Proposed
                  State                     Refugees\1\      Entrants         Havana        trafficking        Total          formula        Proposed
                                                                           parolees \2\     victims \3\     population        amount        allocation
                                                     (1)             (2)             (3)             (4)             (5)             (6)             (7)
-----------------------------------------
Alabama \4\.............................             145               0              18  ..............             163         $75,750        $100,000
Alaska \4\..............................             211               0               0               7             218         101,310         101,310
Arizona.................................           3,659             351               7  ..............           4,017       1,866,805       1,866,805
Arkansas................................               5               1               0  ..............               6           2,788          75,000
California \4\..........................          19,096              50              69              81          19,296       8,967,358       8,967,356
Colorado \4\............................           1,916               4               9               5           1,934         898,780         898,780

[[Page 13059]]

 
Connecticut.............................           2,215              20              19  ..............           2,254       1,047,493       1,047,493
Delaware................................             135               8               0  ..............             143          66,456          93,220
Dist. of Columbia.......................             447               3               1               1             452         210,056         210,056
Florida.................................           7,337          15,311          23,510              30          46,188      21,464,772      21,464,772
Georgia.................................           4,802              19              97               4           4,922       2,287,382       2,287,382
Hawaii..................................            (11)               0               0              49              38          17,660          75,000
Idaho \4\...............................           1,016               3               0               1           1,020         474,021         474,021
Illinois................................           3,918              16              69               6           4,009       1,863,087       1,863,087
Indiana.................................             843               4               9  ..............             856         397,806         397,806
Iowa....................................           1,898               0               0  ..............           1,898         882,050         882,050
Kansas..................................             332               3              10               1             346         160,795         160,795
Kentucky \4\............................           1,644             924              11               1           2,580       1,198,994       1,198,994
Louisiana...............................             347              89              23  ..............             459         213,309         213,309
Maine...................................             844               0               1  ..............             845         392,694         392,694
Maryland................................           1,987               6              19               9           2,021         939,212         939,212
Massachusetts \4\.......................           3,257             149              10               3           3,419       1,588,899       1,588,899
Michigan................................           3,348             541              36               5           3,930       1,826,374       1,826,374
Minnesota...............................           6,821               5               4               4           6,834       3,175,939       3,175,939
Mississippi.............................             112               4               4               2             122          56,697          83,460
Missouri................................           3,703              24              10               1           3,738       1,737,146       1,737,146
Montana.................................              36               0               2  ..............              38          17,660          75,000
Nebraska................................             972               2               0  ..............             974         452,643         452,643
Nevada \4\..............................             723             538              35               4           1,300         604,144         604,144
New Hampshire...........................             963               0               1               2             966         448,925         448,925
New Jersey..............................           1,620             290             312               7           2,229       1,035,875       1,035,875
New Mexico..............................             214             261               0  ..............             475         220,745         220,745
New York................................          10,292           1,012             107              25          11,436       5,314,609       5,314,609
North Carolina..........................           3,039              16              46               2           3,103       1,442,045       1,442,045
North Dakota \4\........................             470               0               0  ..............             470         218,421         218,421
Ohio....................................           2,307               3               5               2           2,317       1,076,771       1,076,771
Oklahoma................................             215               0               1              52             268         124,547         124,547
Oregon..................................           2,630             306               1  ..............           2,937       1,364,901       1,364,901
Pennsylvania............................           4,952             355              28              26           5,361       2,491,397       2,491,397
Rhode Island............................             470               5               1  ..............             476         221,210         221,210
South Carolina..........................             238               0              13  ..............             251         116,646         116,646
South Dakot a\4\........................             940               0               0  ..............             940         436,843         436,843
Tennessee...............................           1,467               6              36  ..............           1,509         701,272         701,272
Texas...................................           5,757             902              87              91           6,837       3,177,333       3,177,333
Utah....................................           1,573               5               0  ..............           1,578         733,338         733,338
Vermont.................................             418               0               0  ..............             418         194,256         194,256
Virginia................................           3,105             172              38              15           3,330       1,547,538       1,547,538
Washington..............................          10,844               0               3              11          10,858       5,045,997       5,045,997
West Virginia...........................               6               0               0  ..............               6           2,788          75,000
Wisconsin...............................           1,042               4               5  ..............           1,051         488,427         488,427
Wyoming \5\.............................  ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                         -----------------
    Total...............................         124,320          21,412          24,657             447         170,836      79,391,964     79,728,843
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\1\ Includes Amerasian immigrants.
\2\ For all years, Havana Parolee arrivals for all States are based on actual data.
\3\ Includes all victims of a severe form of trafficking since program inception in March, 2001.
\4\ The allocations for Alaska, Colorado, Idaho, Kentucky, Massachusetts, Nevada, North Dakota, South Dakota, Alabama, and for San Diego County,
  California are expected to be awarded to Wilson/Fish projects.
\5\ Wyoming no longer participates in the Refugee Resettlement Program.


[[Page 13060]]

[FR Doc. 04-6203 Filed 3-18-04; 8:45 am]
BILLING CODE 4184-01-P