4184-01P
DEPARTMENT OF HEALTH AND HUMAN SERVICES EXPIRED ***This announcement was originally published on the ACF Website on 6/25/2007. A Final announcement was published on 9/06/2007, updating the Proposed announcement. Those changes were not incorporated in the announcement below. To view the Final announcement, click here.*** Administration for Children and Families Office of Refugee Resettlement Notice of Proposed FY 2007 Formula Allocations to States for Refugee Social Services. AGENCY: Office of Refugee Resettlement (ORR), ACF, HHS. ACTION: Notice of proposed FY 2007 formula allocations to States for refugee social services. [CFDA No.: 93.566 - Refugee and Entrant Assistance – State Administered Programs] SUMMARY: This notice establishes the proposed FY 2007 formula allocations to States for refugee1 social services under the Refugee Resettlement Program (RRP). The proposed notice reflects allocations to States adjusted for FYs 2004, 2005, and 2006 refugee arrivals data (October 1, 2003 through September 30, 2006), and from data submitted to ORR by States. APPLICATION: A State must have an approved State Plan, developed on the basis of a local consultative process, as required by 45 CFR 400.11(b)(2) in order to use formula social services funds described in this proposed notice. A State must indicate in its State 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 Cuban/Haitian Entrant Program (CHEP) in its State Plan. DATES: Comments on this proposed notice must be received by 07/25/2007. FOR FURTHER INFORMATION CONTACT: Kathy Do, Division of Budget, Policy, and Data Analysis (BPDA), telephone: (202) 401-4579, e-mail: kdo@acf.hhs.gov SUPPLEMENTARY INFORMATION: The Revised Continuing Appropriations Resolution, 2007 (Pub. L. 110-5, H.R.J. Res. 20), provided $154,005,000 for refugee social services. The FY 2007 Senate Committee Report (S. Rep. No. 109-287) reads as follows with respect to Refugee and Entrant Assistance: “…The Committee recommends $599,935,000 for fiscal year 2007 for refugee and entrant assistance. The comparable funding level for fiscal year 2006 is $569,432,000 and the budget request includes $614,935,000 for this program…” “…In order to carry out the refugee and entrant assistance program, the Committee recommends $282,333,000 for transitional and medical assistance including State administration and the voluntary agency program, $9,816,000 for victims of trafficking; $149,610,000 for social services; $4,748,000 for preventive health; and $49,590,000 for targeted assistance…” The FY 2007 House Committee Report (H. Rpt. 109-515) reads as follows with respect to Refugee and Entrant Assistance: “…The Committee recommends $604,329,000 for refugee assistance programs. This is $34,506,000 more than the fiscal year 2006 funding level and $10,606,000 less than the budget request…” “…The Committee recommends $154,004,000 for social services. This is the same as the fiscal year 2006 funding level and $4,394,000 more than the budget request…” “…Within the funds provided in the House Report, $19,000,000 will be used for support to communities with large concentrations of Cuban and Haitian entrants of varying ages whose cultural differences make assimilation especially difficult, justifying a more intense level and longer duration of Federal assistance. The Committee continues to request the Administration for Children and Families (ACF) to adequately fund refugee school impact grants…” ORR intends to use the $154,005,000 (difference due to rounding) appropriated for FY 2007 social services as follows:
II. Refugee Social Service Funds The FY 2007 population figures used for the proposed notice of formula allocations to States for refugee social services include refugees, Amerasians from Viet Nam, Cuban/Haitian entrants, Havana parolees, asylees, and victims of severe forms of trafficking for FYs 2004, 2005, and 2006. These population figures will be adjusted in the final allocation to reflect more accurate information on arrivals, secondary migration, asylees, and entrant data submitted by States via the ORR Data Submission Website system. (See Section V, Basis of Population Estimates). The Director allocates $87,803,294to States on the basis of each State's proportion of the national population of refugees who arrived in the U.S. during the most recent three-year period before the beginning of FY 2007 (including a floor amount for States that have small refugee populations). Of this amount, approximately $6 million is to be awarded to Wilson/Fish Alternative Projects providing social services. Section 412(c)(1)(B) of the Immigration and Nationality Act (INA) 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." In FY 2007, ORR based the social services formula allocations on the most recent three-year arrivals (FYs 2004, 2005, and 2006). On December 11, 2006, ORR sent State Letter #07-02 to States with instructions and information on a new ORR Data Submission Website for States to submit data for Social Services and Targeted Assistance formula allocations. Prior to FY 2007, States submitted data to ORR electronically in an Excel file for data matching. This data submission method was problematic due to inconsistencies in the State submissions, including invalid data values in certain data fields, missing data, and confusion about how many years of data ought to be submitted. This method did not adequately allow ORR to screen submissions for errors and clarify the nature of the errors so that States have the opportunity to resubmit corrected files for more accurate data matching. The newly developed secure web-based data system has the capability for designated users from each State to upload State files, provide verification to States of receipt of the data, perform front-end editing to reject invalid data immediately after receipt with explanation of reasons for rejection, and allow States to resubmit corrected files. This new process ensures that States’ final data submission is complete and correctly formatted to maximize probability of matching. States were requested to submit data to ORR by March 2, 2007. These data were received by ORR and matched against ORR’s Refugee Arrivals Data System (RADS). The results of the match are reflected in the notice of proposed FY 2007 formula allocations to States for refugee social services. 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. The allocation formula provides a floor of $75,000 for several States with very small annual arrivals. This provides the minimal structure for the State to provide employment and other social services necessary for successful resettlement in American communities. 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, States may provide services to refugees who have been in the country up to 60 months (five 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)). As noted earlier, the FY 2007 allocation formula in the proposed and final notice will be based on the three-year refugee population (FYs 2004, 2005 and 2006). 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). A State must have an approved State 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 proposed notice. A State must 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. In order to use formula social services funds for Cuban and Haitian entrants, a State must have a Cuban/Haitian Entrant Program (CHEP) in its approved State Plan. 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 employability 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. This section is reserved for comments received in response to the Notice of Proposed FY 2007 Formula Allocations to States for Refugee Social Services. Of the funds available for FY 2007 for formula allocations for refugee social services, $87,803,294 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:
The calculation above yields the formula allocation for each State. Minimum allocations for small States are taken into account. V. Basis of Population Estimates The population figures used in Fiscal Year 2007 for the proposed formula allocations to States for refugee social services are based on data on refugee arrivals for FYs 2004, 2005, and 2006 from the ORR RADS, adjusted as of September 30, 2006, for estimated secondary migration, and as of March 21, 2007 to reflect the results of data matching of State-submitted data for asylees, entrants and secondary migrants. The ORR RADS includes refugees of all nationalities, Amerasians from Viet Nam, Cuban and Haitian entrants, Havana parolees, and asylees. Data on trafficking victims are taken from the total number of trafficking victims' certification and eligibility letters issued by ORR. The data on secondary migration is based on data submitted by all participating States on Form ORR-11 and supporting data files submitted to the ORR data submission website on refugee and entrant secondary migrants who have resided in the U.S. for 36 months or less, as of September 30, 2006. The total secondary migration report by each State was due to ORR at the end of January 2007. Asylees and victims of trafficking data are not captured on the Form ORR-11, therefore, in response to this proposed notice, State’s submission of data on asylees was used to ensure current information for allocation purposes. ORR has included the number of certification and eligibility letters issued to trafficking victims during FYs 2004, 2005, and 2006 in the proposed allocations. Any State serving family members of trafficking victims who have been granted T-visas should contact Loren Bussert at lbussert@acf.hhs.gov. to report on the information. For the proposed FY 2007 formula allocations to States,the total migration data from Form ORR-11 are summed, yielding in- and out-migration figures and a net migration figure for each State. These numbers are then verified by matching State secondary migration files against the ORR RADS. The verified 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 three-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 because they are tabulated separately from other entrants. Havana parolee arrivals for all States are based on actual data. Table 1 (attached) represents the Proposed FY 2007 Social Service Formula Allocations. Column (1) reflects three-year populations, as of October 1, 2006, of Refugees, Entrants (col. 2), Asylees (col. 3), Havana Parolees (col. 4), Trafficking Victims (col. 5), Total Population, (col. 6), the Proposed Formula Amounts that the population yields (col. 7), and the Proposed Allocation (col. 8). Independent of the publication of this notice of proposed FY 2007 formula allocations to States for refugee social services, States will be allowed one additional final opportunity to submit data to the ORR Data Submission Website for matching and inclusion in the final FY 2007 formula allocations to States for refugee social services. Designated State website users were informed by ORR on April 30, 2007, that they may submit data in the specified file formats for asylees, entrants and secondary migrants to the ORR Data Submission Website by 6:00 PM (EST), Tuesday, May 15, 2007. ORR does not intend to accept any data from States after 6:00 PM (EST), May 15, 2007. Previously, a format and instructions for file submissions were sent to all State- registered website users on February 7, 2007, with a deadline for submission to ORR of State-reported asylee, entrant and secondary migrant data by March 2, 2007, for the proposed notice. States were requested to use the same file layout and format to submit the additional data due by 6:00 PM (EST), May 15, 2007. Data received by ORR on May 15, 2007, will be matched against the RADS. ORR will use the results of the match in the final allocations. The final notice of FY 2007 formula allocations to States for refugee social services will reflect these results. In FY 2008, ORR will provide States with one opportunity to submit data to the ORR Data Submission Website prior to publication of the notice of proposed FY 2008 formula allocations to States for refugee social services so that the results of the data matching will be reflected in the proposed allocations, consistent with States’ request to ORR to minimize changes and adjustments to formula allocations from the proposed to the final allocation amounts. VI. Proposed Allocation Amounts Funding subsequent to the publication of this Notice of Proposed FY 2007 Formula Allocations to States for Refugee Social Services, and thereafter, the final notice, will be contingent upon the submission and approval of a State Annual Services Plan that is developed on the basisof a local consultative process, as required by 45 CFR 400.11(b)(2) in the ORR regulations. This notice does not create any reporting or record keeping requirements requiring OMB clearance.
[1] Individuals with the following immigration statuses are eligible for refugee social services: (1) refugees; (2) asylees; (3) Cuban and Haitian entrants; (4) certain Amerasians from Viet Nam; and (5) victims of a severe form of trafficking who receive certification or eligibility letters from ORR, and certain other specified family members of trafficking victims who receive “T-visas.” For details about theses statuses, see 45 CFR 400.43, ORR State Letter 00-17 and ORR State Letters #01-13, as modified by ORR State Letter #02-01, and ORR State Letter #04-12 on the Trafficking Victims Protection Act, at www.acf.hhs.gov/programs/orr. For convenience, the term “refugee” is used in this notice to encompass all such eligible persons. EXPIRED |
