[Federal Register Volume 69, Number 121 (Thursday, June 24, 2004)]
[Notices]
[Pages 35383-35387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14356]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration of Children and Families

Office of Refugee Resettlement

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


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

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

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

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SUMMARY: This notice establishes the final allocations to States of FY 
2004 funds for refugee \1\ social services under the Refugee 
Resettlement Program (RRP). The final notice reflects amounts adjusted 
based upon final adjustments to FY 2001, FY 2002 and FY 2003 data 
submitted to ORR by twenty-two 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.

FOR FURTHER INFORMATION CONTACT: Kathy Do, Division of Budget, Policy, 
and Data Analysis (BPDA), telephone: (202) 401-4579, e-mail: 
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[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 
rescission 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:
     $79,728,429 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 $5,200,000 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 $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 $35,400,000 is expected to be awarded 
through discretionary grants for continuation of awards made in prior 
years.
     Approximately $10,887,416 in FY 2004 social services 
funding 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.
     Approximately $2,000,000 is expected to be awarded through 
contracts for an evaluation of the effectiveness of ORR employment 
programs.

Refugee Social Service Funds

    The FY 2004 population figures that have been used for this final 
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 are 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), asylee, and entrant data submitted by States. (See 
Section IV. Basis of Population Estimates.)
    The Director allocates $79,728,429 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

[[Page 35384]]

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 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 of a victim 
of a severe form of trafficking who has been awarded a T visa are also 
eligible to the same extent as refugees if they have been awarded 
Derivative T Visas. In the case of an individual who is already present 
in the U.S. on the date the Derivative T Visa is issued, the date of 
entry is the Notice Date on the I-797, notice of action of approval of 
that individual's Derivative T Visa. For an individual who enters the 
United States on the basis of a Derivative T-Visa, the date of entry is 
the date of entry stamped on that individual's passport or I-94 Arrival 
Record. See Trafficking Victims Protection Act of 2000, 8 U.S.C. 
7105(b)(1), as amended by the Trafficking Victims Protection 
Reauthorization Act of 2003, Pub. L. 108-193. A State Letter will soon 
be issued on this subject.
    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 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. Comment and Response

    Twenty-two (22) States submitted data to ORR by the established 
deadline. In the Notice of Proposed Allocations, ORR notified States 
that it would count asylees in its arrival numbers if the asylee 
received approval of his/her asylum claim between October 1, 2001, and 
September 30, 2003, and was served

[[Page 35385]]

by the State through its refugee resettlement program or its social 
service system. Twenty-two States sent their list of asylees served to 
ORR. After review and verification, ORR included 15,702 asylees in the 
distribution formula. The majority of these asylees resided in four of 
the twenty-two States, namely California, Florida, Maryland, and New 
York. The names and A-numbers of asylees were compared with the ORR's 
asylee database compiled from the U.S. Bureau of Citizenship and 
Immigration Services (USBCIS), formerly INS/Asylum Corps, and the 
Executive Office of Immigration Review (EOIR) of the Department of 
Justice. A substantial number of these individuals were dropped from 
the State-supplied lists during the comparison process. The most common 
reason was that their date of asylum approved occurred outside of the 
36-month period ending September 30, 2003. Additionally, a large number 
of asylees were dropped because their names and A-numbers did not match 
the USBCIS/EOIR file.
    As was the case in FY 2003, one State (Florida) notified ORR that 
it had served a substantial number of entrants which are currently not 
captured in the traditional data gathering methods. Currently, entrants 
are identified as such when they arrive at Miami International Airport 
(MIA) from Cuba or are processed at the Krome Detention Center. 
However, many recent Cubans escaped from Cuba by sailing to Mexico and 
then re-entering the U.S. through a U.S. land border. Additionally, 
some Cuban parolees fly to airports other than Miami International 
Airport, and have not been counted to date. The State of Florida 
compiled a list of these entrants for verification by ORR. After 
determining that these individuals were not duplicates, ORR counted 
4,901 additional entrants, and included these individuals in the 
distribution formula.

III. Allocation Formulas

    Of the funds available for FY 2004 for social services, $79,728,429 
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 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 also 
includes 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 final allocation of funds in FY 
2004 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 data base 
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. Additional data on asylees were submitted by 
twenty-two States, verified by ORR and included in the final allocation 
for FY 2004.
    For Fiscal Year 2004, ORR's final 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 final FY 2004 social services allocations 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. These allocations also reflect entrants who entered the 
U.S. at ports of entry or land borders other than Miami.
    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 final 3-year populations, as of 
October 1, 2003, of refugees (col. 1), entrants (col. 2), Havana 
parolees (col. 3), asylees (col. 4), victims of trafficking (col. 5), 
total population (col. 6), the proposed formula amounts which the 
population yields (col. 7), and the final allocation by States (col. 
8).
    Twenty-two States which have served asylees during the past three 
years submitted 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.
    ORR credited one State that have served victims of a severe form of 
trafficking during the past year with additional numbers as verified 
with ORR certification letters issued, and reductions were made in two 
States. States which have served victims of trafficking submitted 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.

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.
    Table 1, attached, represents the final allocation for refugee 
social services in FY 2004.

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VI. Paperwork Reduction Act

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

    Dated: June 7, 2004.
Nguyen Van Hanh,
Director, Office of Refugee Resettlement.
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[FR Doc. 04-14356 Filed 6-23-04; 8:45 am]
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