[Federal Register Volume 70, Number 169 (Thursday, September 1, 2005)]
[Notices]
[Pages 52111-52115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17372]


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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

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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: 
[email protected].

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

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$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

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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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[FR Doc. 05-17372 Filed 8-31-05; 8:45 am]
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