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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: April 9, 2002 (Volume 67, Number 68)]
[Notices]               
[Page 17079-17082]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap02-81]                         
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families
 
Refugee Resettlement Program: Proposed Notice of Allocations to 
States of FY 2002 Funds for Refugee Social Services

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

ACTION: Proposed notice of allocations to States of FY 2002 funds for 
refugee social services.
-----------------------------------------------------------------------
SUMMARY: This notice establishes the proposed allocations to States of 
FY 2002 funds for social services under the Refugee Resettlement 
Program (RRP). In the final notice, amounts could be adjusted slightly 
based on final adjustments in FY 2001 arrivals in some States.

DATES: Comments on this notice must be received by May 9, 2002.

ADDRESSES: Address written comments, in duplicate, to: Barbara R. 
Chesnik, Office of Refugee Resettlement, Administration for Children 
and Families, 370 L'Enfant Promenade, SW., Washington, DC 20447. Due to 
delays in mail delivery to Federal offices, a copy of comments should 
also be faxed to: (202) 401-5487.

FOR FURTHER INFORMATION CONTACT: Barbara R. Chesnik, Division of 
Refugee Self-Sufficiency, telephone: (202) 401-4558, e-mail: 
bchesnik@acf.dhhs.gov.

SUPPLEMENTARY INFORMATION:   

I. Amounts For Allocation

    The Office of Refugee Resettlement (ORR) has available $158,600,000 
in FY 2002 refugee social service funds as part of the FY 2002 
appropriation for the Department of Health and Human Services 
(Departments of Labor, Health and Human Services, and Education, and 
Related Agencies Appropriations Act, 2002, Pub. L. No. 107-116).
    The FY 2002 House Appropriations Committee Report (H.R. Rept. No. 
107-229) reads as follows with respect to social services funds:

    The bill provides $158,621,000 for social services, $15,000,000 
more than the fiscal year 2001 appropriation and the budget request. 
Funds are distributed by formula as well as through the 
discretionary grant making process for special projects. The bill 
includes $15,000,000 to increase educational support to schools with 
a significant proportion of refugee children, consistent with 
previous support to schools heavily impacted by large concentration 
of refugees.
    The Committee agrees that $19,000,000 is available for 
assistance to serve communities affected by the Cuban and Haitian 
entrants

[[Page 17080]]

and refugees whose arrivals in recent years have increased. The 
Committee has set aside $26,000,000 for increased support to 
communities with large concentrations of refugees whose cultural 
differences make assimilation especially difficult justifying a more 
intense level and longer duration of Federal assistance. Finally, 
the Committee has set aside $14,000,000 to address the needs of 
refugees and communities impacted by recent changes in Federal 
assistance programs relating to welfare reform. The Committee urges 
ORR to assist refugees at risk of losing, or who have lost, benefits 
including SSI, TANF and Medicaid, in obtaining citizenship.

    The FY 2002 Conference Report on Appropriations (H.R. Conf. 107-
342) reads as follows concerning social services:

    The conference agreement appropriates $460,203,000, instead of 
$460,224,000 as proposed by the House and $445,224,000 proposed by 
the Senate. Within this amount, for Social Services, the agreement 
provides $158,600,000 instead of $156,621,000 as proposed by the 
House and $143,621,000 as proposed by the Senate.
    The conferees specify that funds for section 414 of the 
Immigration and Nationality Act shall be available for three fiscal 
years, as proposed by the House.
    The conference agreement includes $15,000,000 that is to be used 
under social services to increase educational support to schools 
with a significant proportion of refugee children, consistent with 
language contained in the House report.
    The agreement also includes $19,000,000 for increased support to 
communities with large concentrations of refugees whose cultural 
differences make assimilation especially difficult justifying a more 
intense level and longer duration of Federal assistance, consistent 
with language contained in the House report.

    ORR proposes to use the $158,600,000 appropriated for FY 2002 
social services as follows:

     $71,910,000 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.
     $12,690,000 will be awarded as new and continuation 
social service discretionary grants under new and prior year 
competitive grant announcements issued separately from this notice.
     $19,000,000 will be awarded to serve communities most 
heavily affected by recent Cuban and Haitian entrant and refugee 
arrivals. These funds will be awarded through continuation awards 
under a separate prior year announcement.
     $26,000,000 will be awarded through discretionary 
grants for communities with large concentrations of refugees whose 
cultural differences make assimilation especially difficult 
justifying a more intense level and longer duration of Federal 
assistance. A combination of new and continuation awards will be 
made through new and prior year separate announcements.
     $14,000,000 will be awarded to address the needs of 
refugees and communities impacted by recent changes in Federal 
assistance programs relating to welfare reform. Awards will be made 
through a separate announcement.
     $15,000,000 will be awarded to increase educational 
support to schools with a significant proportion of refugee 
children, consistent with previous support to schools heavily 
impacted by large concentrations of refugees. New awards will be 
made through a separate announcement.

Refugee Social Service Funds

    The population figures for the formula social services allocation 
include refugees, Cuban/Haitian entrants, and Amerasians from Vietnam. 
(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.)
    The Director is proposing to allocate $71,910,000 to States on the 
basis of each State's proportion of the national population of refugees 
who had been in the U.S. three years or less as of October 1, 2001 
(including a floor amount for States which have small refugee 
populations).
    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 the ``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 1991 social services notice published in 
the Federal Register of 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 (as amended by 65 FR 15409 (March 
22,2000). 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).
    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)). On December 5, 
2001, however, the Director of ORR issued a blanket waiver of the time-
in-country limit for services (ORR State Letter 01-31). This waiver, in 
effect until September 30, 2002, was issued to assist States in 
providing services to refugees following the events of September 11, 
2001 and the subsequent cessation of refugee arrivals during most of 
the first quarter, FY 2002.
    Allowable social services are those indicated in 45 CFR 400.154 and 
400.155. Additional services not included in these sections which the 
State may wish to provide must be submitted to and approved by the 
Director of ORR (Sec. 400.155(h)).

Service Priorities

    Priorities for provision of services are specified in 45 CFR 
400.147. In order for refugees to move quickly off Temporary Assistance 
for Needy Families (TANF), 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.
    We encourage 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 provision of basic employment services and

[[Page 17081]]

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 currently arriving refugee groups.
    States should also be aware that ORR will make social services 
formula funds available to pay for social services which are provided 
to refugees who participate in Wilson/Fish projects. 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 notice in the Federal Register 
with respect to applications for such projects (64 FR 19793 (April 22, 
1999)).

II. (Reserved for Discussion of Comments in Final Notice)

III. Allocation Formulas

    Of the funds available for FY 2002 for social services, $71,910,000 
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, and 
Amerasians from Vietnam 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, as shown by the ORR Refugee Data System. The 
resulting per capita amount is multiplied by--
    3. The number of persons in item 2, above, in the State as of 
October 1, 2001, 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 
2002 for the formula social service allocation are based on data on 
refugee arrivals from the ORR Refugee Data System, adjusted as of 
October 1, 2001, for estimated secondary migration. The data base 
includes refugees of all nationalities, Amerasians from Vietnam, Cuban 
and Haitian entrants.
    For fiscal year 2002, ORR's formula social service allocations for 
the States are based on the numbers of refugees, Amerasians, and 
entrants in the ORR data base. The numbers are based upon the arrivals 
during the preceding three fiscal years: 1999, 2000, and 2001.
    The estimates of 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, 2001. 
The total migration reported by each State 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 population estimate.
    Estimates are developed separately for refugees and entrants and 
then combined into a total estimated 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, below, shows the estimated 3-year populations, as of 
October 1, 2001, of refugees (col. 1), entrants (col. 2), Havana 
parolees (col. 3); total refugee/entrant population, (col. 4); the 
proposed formula amounts which the population estimates yield, (col. 
5); and the proposed total allocation (col. 6).
    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. Listing 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 Refugee Self-/Sufficiency, 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 e-mail attachment to: lbussert@acf.dhhs.gov
    States which have served asylees during the past year 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 months period ending September 30, 2001: (1) Alien 
number, (2) date of birth; and (3) the date asylum was granted.
    States which have served victims of a severe form of trafficking 
during the past year may 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 certification letter.
    Please submit the above data on asylees and trafficking victims 
served on separate Excel spreadsheets as an e-mail attachment within 30 
days of the publication date of this announcement to: 
lbussert@acf.dhhs.gov

V. Proposed Allocation Amounts

    Funding subsequent to the publication of this notice will be 
contingent upon the submittal 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.
    The following amounts are for allocation for refugee social 
services in FY 2002:

  Table 1.--Estimated Three-Year Refugee/Entrant/Parolee Populations of States Participating in the Refugee Program and Proposed Social Service Formula
                                                            Amount and Allocation for FY 2002
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Havana           Total         Proposed        Proposed
                          State                            Refugees \1\      Entrants      parolees \2\     population    formula amount    allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama.................................................             386               5              35             426        $106,915        $106,915
Alaska \3\..............................................             115               0               0             115          28,862          75,000
Arizona.................................................           7,201             404               2           7,607       1,909,160       1,909,160
Arkansas................................................              41               9               4              54          13,553          75,000

[[Page 17082]]


California..............................................          29,077              74             238          29,389       7,375,880       7,375,880
Colorado \3\............................................           3,265               4               4           3,273         821,438         821,438
Connecticut.............................................           3,075              30              34           3,139         787,808         787,808
Delaware................................................             128              15               0             143          35,889          75,000
Dist. of Columbia.......................................             384               4               8             396          99,386         100,000
Florida.................................................          13,412          15,246          32,725          61,383      15,405,547      15,405,547
Georgia.................................................          10,348              35             110          10,493       2,633,472       2,633,472
Hawaii..................................................             (3)               0               0             (3)           (753)          75,000
Idaho \3\...............................................           2,796               1               3           2,800         702,728         702,728
Illinois................................................           9,436              15             102           9,553       2,397,556       2,397,556
Indiana.................................................           1,713               6              11           1,730         434,185         434,185
Iowa....................................................           3,869               0               2           3,871         971,521         971,521
Kansas..................................................             614               5               4             623         156,357         156,357
Kentucky \3\............................................           3,403           1,088               8           4,499       1,129,133       1,129,133
Louisiana...............................................           1,209             127              44           1,380         346,344         346,344
Maine...................................................           1,109               0               0           1,109         278,330         278,330
Maryland................................................           3,734              12              20           3,766         945,169         945,169
Massachusetts \3\.......................................           5,921             160              38           6,119       1,535,711       1,535,711
Michigan................................................           8,258             863              31           9,152       2,296,916       2,296,916
Minnesota...............................................          13,653               6               8          13,667       3,430,064       3,430,064
Mississippi.............................................              25               3               6              34           8,533          75,000
Missouri................................................           7,775              12              24           7,811       1,960,359       1,960,359
Montana.................................................               1               0               4               5           1,255          75,000
Nebraska................................................           1,750               2               5           1,757         440,962         440,962
Nevada \3\..............................................           1,164             752              53           1,969         494,168         494,168
New Hampshire...........................................           1,724               0               0           1,724         432,679         432,679
New Jersey..............................................           4,537             352             758           5,647       1,417,251       1,417,251
New Mexico..............................................             458             319               2             779         195,509         195,509
New York................................................          21,394           1,149             195          22,738       5,706,650       5,706,650
North Carolina..........................................           3,419              21              46           3,486         874,896         874,896
North Dakota \3\........................................           1,269               0               0           1,269         318,486         318,486
Ohio....................................................           4,301               6               8           4,315       1,082,953       1,082,953
Oklahoma................................................             407               0               5             412         103,401         103,401
Oregon..................................................           3,780             489               4           4,273       1,072,413       1,072,413
Pennsylvania............................................           7,970             241              47           8,258       2,072,545       2,072,545
Rhode Island............................................             781               2               7             790         198,270         198,270
South Carolina..........................................             216               1              20             237          59,481          96,932
South Dakota \3\........................................           1,286               0               0           1,286         322,753         322,753
Tennessee...............................................           2,995               8              38           3,041         763,212         763,212
Texas...................................................          12,147             852             115          13,114       3,291,275       3,291,275
Utah....................................................           3,179               2               2           3,183         798,851         798,851
Vermont.................................................             884               0               0             884         221,861         221,861
Virginia................................................           5,344              92              29           5,465       1,371,574       1,371,574
Washington..............................................          15,387               0              14          15,401       3,865,253       3,865,253
West Virginia...........................................              18               0               0              18           4,518          75,000
Wisconsin...............................................           2,057               5               4           2,066         518,513         518,513
Wyoming \4\.............................................  ..............  ..............  ..............  ..............  ..............  ..............
                                                         -----------------------------------------------------------------------------------------------
      Total.............................................         227,412          22,417          34,817         284,646     $71,438,792    $71,910,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ IncludesAmerasian immigrants. Adjusted for secondary migration.
\2\ For all years, Havana Parolee arrivals for all States are based on actual data.
\3\ The allocations for Alaska, Colorado, Idaho, Kentucky, Massachusetts, Nevada, North Dakota, South Dakota, and for San Diego County, California are
  expected to be awarded to Wilson/Fish projects.
\4\ Wyoming no longer participates in the Refugee Program.

VI. Paperwork Reduction Act

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

(Catalog of Federal Domestic Assistance No. 93.566 Refugee 
Assistance--State Administered Programs)

    Dated: March 26, 2002.
Nguyen Van Hanh,
Director, Office of Refugee Resettlement.
[FR Doc. 02-8540 Filed 4-8-02; 8:45 am]
BILLING CODE 4184-01-P


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