SUMMARY: This final notice announces the FY 2008 Targeted Assistance Program (TAP) grants to States for services to refugees under the Refugee Resettlement Program (RRP). These grants are for service provision in localities with large refugee populations, high refugee concentrations, and where specific needs exist for supplementation of currently available resources. Qualification of counties for eligibility for TAP grants is determined once every three years, as stated in the FY 1999 Notice of Proposed Availability of Targeted Assistance Allocations to States, which was published in the Federal Register on March 10, 1999, (64 Fed. Reg. 11927). The Fiscal Years (FY) 2005 - FY 2007 three-year project cycle has expired. FY 2008 is the year for the re-qualification of counties for the TAP three-year project cycle, FY 2008, FY 2009, and FY 2010. In this final notice, the qualification of counties is based on the arrivals of refugees (see Eligible Populations) during the five-year period from FY 2003 - FY 2007 (October 1, 2002 - September 30, 2007) and on the concentration of the arrivals population as a percentage of the general county population. Counties that qualified for TAP FY 2008 funds on the basis of the most current five-year population are listed in this final notice in Table 1, Table 2, Table 4, and Table 6. Eligible Populations Eligibility for refugee social services includes 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, victims of a severe form of trafficking who receive certification or eligibility letters from ORR and certain other specified family members, and Iraqi and Afghan Special Immigrants. See 45 C.F.R. 400.43 and ORR State Letter #00-17 on eligibility for ORR programs. Also see ORR State Letter #00-13 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, and ORR State Letters #08-04 and #08-06 on Iraqi and Afghan Special Immigrant eligibility. ORR State Letters may be found at http://www.acf.hhs.gov/programs/orr/policy/orr_policy.htm. ORR regulations under the Code of Federal Regulations (C.F.R.) may be found at http://www.acf.hhs.gov/programs/orr/policy/orr_regulations.htm. 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. SUPPLEMENTARY INFORMATION: Under this notice, a total of 57 counties (Table 1) qualify for targeted assistance grants. Of these, 11 new counties (Table 2) qualify for targeted assistance grants, and one (1) county (Table 3), which previously received targeted assistance grants, no longer qualifies for targeted assistance program funding. This notice announces the targeted assistance grants for services to refugees (see Eligible Populations) in counties where, because of factors such as unusually large refugee populations and high refugee concentrations, there exists, and can be demonstrated, a specific need for supplementation of resources for services to this population. The Office of Refugee Resettlement (ORR) had $48,590,000 in FY 2008 funds for TAP as part of the FY 2008 appropriation under the Consolidated Appropriations Act of 2008 (Pub. L. No. 110-161). The Director of the Office of Refugee Resettlement (ORR) is using the $48,590,000 in targeted assistance funds as follows:
The purpose of targeted assistance grants is to provide, through a process of local planning and implementation, direct services intended to result in the economic self‑sufficiency and reduced welfare dependency of refugees through job placements. TAP reflects the requirements of section 412(c)(2)(B) of the Immigration and Nationality Act (INA), 8 U.S.C. §1522(c)(2)(B), which provides that targeted assistance grants shall be made available "(i) primarily for the purpose of facilitating refugee employment and achievement of self-sufficiency, (ii) in a manner that does not supplant other refugee program funds and that assures that not less than 95 percent of the amount of the grant award be made available to the county or other local entity." Targeted assistance projects are funded under the authority of section 412(c)(2) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1522(c)(2). (The INA may be found at http://www.acf.hhs.gov/programs/orr/policy/legislative.htm.) III. Client and Service Priorities Targeted assistance funding must be used to assist refugee families to achieve economic independence. To this end, States and counties are required to ensure that a coherent family self-sufficiency plan (FSSP) or individual employability plan (IEP) is developed for each eligible family/individual that addresses the family's needs from time of arrival until attainment of economic independence. (See 45 C.F.R. 400.79 and 400.156(g) at http://www.acf.hhs.gov/programs/orr/policy/orr_regulations.htm.) Each family self-sufficiency plan or individual employability plan should address a family's/individual’s needs for both employment-related services and other needed social services. The plan must include: (1) a determination of the income level a family/individual would have to earn to exceed its cash grant and move into self-support without suffering a monetary penalty; (2) a strategy and timetable for obtaining that level of family income through the placement in employment of sufficient numbers of employable family members at sufficient wage levels; (3) individual employability plans for every employable member of the family; and (4) a plan to address the family's social services needs that may be barriers to self-sufficiency. In local jurisdictions that have targeted assistance and refugee social services programs, one family self-sufficiency plan may be developed for a family that incorporates both targeted assistance and refugee social services. Services funded through TAP are required to focus primarily on those refugees who, either because of their protracted use of public assistance or because of difficulty in securing employment, continue to need services beyond the initial years of resettlement. States may not provide services funded under this notice, except for referral and interpreter services, to refugees who have been in the United States for more than 60 months (five years). In accordance with 45 C.F.R. 400.314, States are required to provide targeted assistance services to refugees in the following order of priority, except in certain individual extreme circumstances: (a) refugees who are cash assistance recipients, particularly long-term recipients; (b) unemployed refugees who are not receiving cash assistance; and (c) employed refugees in need of services to retain employment or to attain economic independence. In addition to the statutory requirement that TAP funds be used "primarily for the purpose of facilitating refugee employment" (section 412(c)(2)(B)(i) of the INA), funds awarded under this program are intended to help fulfill the Congressional intent that "employable refugees should be placed on jobs as soon as possible after their arrival in the United States" (section 412(a)(1)(B)(i) of the INA). Therefore, in accordance with 45 C.F.R. 400.313, targeted assistance funds must be used primarily for employability services designed to enable refugees to obtain jobs with less than one year's participation in TAP in order to achieve economic self-sufficiency as soon as possible. Targeted assistance services may continue to be provided after a refugee has entered a job to help the refugee retain employment or move to a better job. Targeted assistance funds may not be used for long-term training programs such as vocational training that last for more than a year or educational programs that are not intended to lead to employment within a year. In accordance with 45 C.F.R. 400.317, if targeted assistance funds are used for the provision of English language training, such training must be provided in a concurrent, rather than sequential, time period with employment or with other employment-related activities. A portion of a local area's allocation may be used for services that are not directed toward the achievement of a specific employment objective in less than one year but that are essential to the adjustment of refugees in the community, provided such needs are clearly demonstrated and such use is approved by the State. (See 45 C.F.R. 400.316 at http://www.acf.hhs.gov/programs/orr/policy/orr_regulations.htm.) Reflecting section 412(a)(1)(A)(iv) of the INA, States must "ensure that women have the same opportunities as men to participate in training and instruction." Additionally, in accordance with 45 C.F.R. 400.317, services must be provided to the maximum extent feasible in a manner that includes the use of bilingual/bicultural women on service agency staff to ensure adequate service access by refugee women. ORR also strongly encourages the inclusion of refugee women in management and board positions in agencies that serve refugees. In order to facilitate refugee self-support, ORR also expects States to implement strategies that address simultaneously the employment potential of both male and female wage earners in a family unit. States and counties are expected to make every effort to obtain day care services, preferably subsidized day care, for children in order to allow women with children the opportunity to participate in employment services or to accept or retain employment. To accomplish this, day care may be treated as an employment-related service under TAP. Refugees who are participating in targeted assistance-funded or social services-funded employment services or who have accepted employment are eligible for day care services for children. States and counties are expected to use day care funding from other publicly administered programs such as day care services funded under the Temporary Assistance for Needy Families (TANF) or under the Child Care and Development Block Grant, as a primary resource. States and counties are encouraged to work with service providers to ensure mainstream access for refugees to other publicly funded resources for day care. For an employed refugee, targeted assistance-funded day care should be limited to situations in which no other publicly funded day care is available. In these cases, day care services funded by a targeted assistance grant should be limited to one year after the refugee becomes employed. In accordance with 45 C.F.R. 400.317, targeted assistance services must be provided in a manner that is culturally and linguistically compatible with a refugee's language and cultural background to the maximum extent feasible. In light of the increasingly diverse population of refugees who are resettling in this country, refugee service agencies will need to develop practical ways of providing culturally and linguistically appropriate services to a changing ethnic population. Services funded under this notice must be refugee specific, designed specifically to meet refugee needs, and be in keeping with the rules and objectives of the refugee program. Short-term vocational or job-skills training, on-the-job training (OJT), or English language training (ELT), however, need not be refugee specific. ORR strongly encourages States and counties, when contracting for targeted assistance services, including employment services, to give consideration to the special strengths of mutual assistance associations (MAAs), whenever contract bidders are otherwise equally qualified, provided that the MAA has the capability to deliver services in a manner that is culturally and linguistically compatible with the background of the target population to be served. ORR also strongly encourages MAAs to ensure that their management and board composition reflects the major target populations to be served. ORR defines MAAs as organizations with the following qualifications: (a) the organization is legally incorporated as a nonprofit organization; and (b) not less than 51 percent of the composition of the Board of Directors or governing board of the MAA is comprised of refugees or former refugees, including both refugee men and women. Finally, in order to provide culturally and linguistically compatible services in as cost-efficient a manner as possible in a time of limited resources, ORR strongly encourages States and counties to promote and give special consideration to the provision of services through coalitions of refugee service organizations, such as coalitions of MAAs, voluntary resettlement agencies, or a variety of service providers. ORR believes it is essential for refugee-serving organizations to form close partnerships in the provision of services to refugees in order to be able to respond adequately to a changing refugee environment. States and counties are encouraged to consider entities that are public or private non-profit, faith-based, or refugee or community-based organizations as eligible for TAP funds. Additionally, coalition-building and consolidation of providers is particularly important in communities with multiple service providers in order to ensure better coordination of services and maximum effectiveness in the use of funding for services by minimizing the funds used for multiple administrative overhead costs. The award of funds to States under this notice was contingent upon the completeness of a State's application, as described in Section IX of this notice. No comments were received on the proposed notice. Eligible grantees are: (1) agencies of State governments (and non-State replacement designee agencies) that are responsible for the refugee program under 45 C.F.R. 400.5 in States containing counties that qualify for FY 2008 targeted assistance awards; and (2) agencies funded under the Wilson-Fish program (See INA § 412(c)(7) that administer, in lieu of a publicly administered State program, a statewide refugee assistance program containing counties which qualify for FY 2008 targeted assistance formula funds at http://www.acf.hhs.gov/programs/orr/policy/legislative.htm.) The State/Wilson-Fish agency receiving allocations through this final notice submitted a single application to ORR on behalf of all county governments of the qualified counties in that State. Subsequent to the approval of the State/Wilson-Fish agency’s application by ORR, local targeted assistance plans will be developed by the county government or other designated entity and submitted to the State/Wilson-Fish agency. The use of targeted assistance funds for services to Cuban and Haitian entrants is limited to States that have an approved State plan under the Cuban/Haitian Entrant Program (CHEP). Applications were not subject to review by State and area wide clearinghouses under Executive Order No.12372, "Intergovernmental Review of Federal Programs." VI. Qualification and Allocation For FY 2008, ORR used the formula that bases allocation of targeted assistance funds on the most current five-year (FY 2003 - FY 2007) refugee arrivals data (See Eligible Populations). Targeted assistance services are limited to the arrival population residing in qualified counties who have been in the United States for five years or less. As stated in the FY 1999 notice of proposed availability of targeted assistance allocations to States, which was published in the Federal Register on March 10, 1999 (64 Fed. Reg. 11927-11934 (1999)), ORR determines the qualification of counties for targeted assistance once every three years. The FY 2005 - FY 2007 three-year project cycle expired. ORR has qualified counties for the FY 2008 - FY 2010 three-year project cycle. This final notice of allocations consists of the 57 qualified counties for the FY 2008 - FY 2010 three-year project cycle for TAP funds. Counties that qualified for TAP FY 2008 funds on the basis of the most current five-year (FY 2003 - FY 2007) population are listed in Tables 1, 2, 4, and 6 in this notice. A. Qualifying Counties In order to qualify for FY 2008 targeted assistance funds, a county (or group of adjacent counties with the same Standard Metropolitan Statistical Area, or SMSA) or independent city ranked above a selected cut-off point of jurisdictions for which data were reviewed, based on two criteria: (a) the number of refugee arrivals placed in the county during the most recent five-year period (FY 2003 - FY 2007); and (b) the five-year refugee arrival population as a percentage of the county’s overall population. With regards to the first qualification criteria, each county was ranked on the basis of its five-year refugee arrival population and its concentration of refugees, with a relative weighting of two to one respectively, because large numbers of refugees (see Eligible Populations) arriving in a county create a significant impact, regardless of the ratio of refugees to the county general population. ORR limited the number of qualified counties based on ranking order to the top 57 counties (Table 1) in order to target a sufficient level of funding to the most impacted counties. Each county was ranked in terms of the sum of a county's rank on refugee arrivals and its rank on concentration. A county had to rank within the top 57 counties to qualify for targeted assistance funds. ORR screened data on all counties that received awards for targeted assistance since FY 1983, and on all other counties that might have potentially qualified for TAP funds based on refugee, entrant, and asylee arrivals to the county in the most recent five-year period, for a total of 817 potentially qualifying counties. Analysis of these data indicated the top 57 counties based on a sum of the ranks that qualified for targeted assistance funds, Table 1; (b) 11 new counties qualified for FY 2008 targeted assistance funds, Table 2; and (c) one county that previously received targeted assistance no longer qualifies, Table 3. The 57 counties listed in this notice as as qualified for FY 2008 TAP funding will remain qualified for TAP funding through FY 2010. ORR does not plan to consider the eligibility of additional counties for TAP funding until FY 2011, when ORR will again review data on all counties that could potentially qualify for TAP funds based on the criteria contained in this final notice. It is believed that a more frequent re-determination of county qualification for targeted assistance would not provide qualifying counties a sufficient period of time within a stable funding climate to address adequately the refugee impact in their counties, while a less frequent re-determination of county qualification would pose the risk of not considering new population impacts in a timely manner. B. Allocation Formulas Of the funds available for FY 2008 for targeted assistance, $43,731,000 is allocated by formula to States for qualified counties based on the initial resettlement in these counties during the five-year period from FY 2003 - FY 2007 (October 1, 2002 - September 30, 2007) of refugees, Amerasians, asylees, and entrants including Havana parolees. Although victims of a severe form of trafficking are eligible for TAP benefits, ORR’s database does not currently have county-level information on them, so they were not considered in the TAP allocations formula; and, though Iraqi and Afghan Special Immigrants are eligible for TAP benefits for a statutorily limited period of time, they were not considered in the TAP allocations formula because the legislation conferring eligibility to Iraqis and Afghans who have been issued Special Immigrant status was enacted in FY 2008; and they were not therefore eligible for services during the qualification period of FY 2003 - FY 2007. These data are available in the ORR Refugee Arrivals Data System (RADS). For FY 2003 - FY 2007, the number of Havana parolees was derived from actual data. Consistent with States’ request, in FY 2007, ORR implemented a new voluntary process for data submission by States on the number of asylees and entrants receiving benefits and services prior to issuance of the proposed allocations notice, in an effort to minimize adjustments of final allocations. The request for voluntary data submission for FY 2008 TAP allocations was sent to States via email on January 14, 2008, with a due date of February 29, 2008 (State Letter #08-03). In a follow-up email on February 8, 2008, States were requested to follow the standardized EXCEL format provided by ORR to submit the data on asylees or entrants served during the five-year period from FY 2003 - 2007 (October 1, 2002 - September 30, 2007). Data for each population group were submitted separately on an EXCEL spreadsheet, via a secure (password-protected) data submission website developed by ORR. The requested data files were due to ORR on February 29, 2008, via the data submission website. A second data submission opportunity for TAP funds was provided to all States in order to accommodate States that did not meet the February 29, 2008, deadline, with a deadline of March 14, 2008, and instructions that additional data submission opportunities following the notice of proposed allocations would not be provided for FY 2008. Data submitted via the website were verified by ORR against the ORR Refugee Arrivals Data System (RADS); and States were credited for verified arrivals in the allocation of funds (through the formula described in this proposed notice). Data from the ORR-11 Secondary Migration reporting form, which were also uploaded to the data submission website, were not considered in the TAP allocation formula, as these data allow ORR to track secondary migration at the State-level only and not at the county-level. For the FY 2008 TAP allocation, many States responded to ORR's voluntary process for data submission on their number of asylees, entrants, or trafficking victims. Documentation files submitted by States included fields for State, county, name of refugee (see Eligible Populations), alien number, individual immigration status, date of birth, and date of arrival in the United States (as well as certain other fields) for each of the eligible individuals claimed for TAP funding. Twenty-eight States submitted 38,534 asylee records through the data submission website, of which 27,967 were verified against the RADS database. This is a match rate of 73 percent, a substantial increase over the 47 percent match rate for asylee data in the FY 2005 final notice of TAP allocations (the last qualification round for the TAP). ORR matched records against data received from the U.S. Citizenship and Immigration Services, the Executive Office of Immigration Review, Customs and Border Patrol, and the Port of Miami and further matched the data against an extract of the Department of Homeland Security’s Central Index database. The primary reasons for the unmatched (unverified) submissions were that (1) the asylum claim was granted outside the five-year eligibility period, (2) the A-Number did not appear in the ORR database, (3) the name submitted did not match the A-Number and name in the ORR database, or (4) the alien’s status is ineligible for TAP benefits. Table 1 lists the 57 qualifying counties, the State, the number of refugee arrivals (see Eligible Populations) in those counties during the five-year period from October 1, 2002 to September 30, 2007, the concentration percent to the county overall population, the sum of ranks, and each county’s rank, based on the qualification formula described above.
VIII. Application and Implementation Process Under the FY 2008 targeted assistance program, States/Wilson-Fish agencies applied for, and receive, grant awards on behalf of qualified counties in the State. A single allocation is being made to each State/Wilson-Fish agency by ORR on the basis of an approved State/Wilson-Fish application. The State/Wilson-Fish agency will, in turn, receive, review, and determine the acceptability of individual county targeted assistance plans. Pursuant to 45 C.F.R. 400.210(b), FY 2008 targeted assistance funds must be obligated by the State agency no later than one year after the end of the Federal fiscal year in which the Department awarded the grant. Funds must be liquidated within two years after the end of the Federal fiscal year in which the Department awarded the grant. A State/Wilson-Fish agency’s final financial report on targeted assistance expenditures must be received no later than 90 days after the end of the two-year expenditure period. If final reports are not received on time, the Department will de-obligate any unexpended funds, including any unliquidated obligations, on the basis of the State/Wilson-Fish agency’s last filed report. The requirements regarding the discretionary portion of TAP have been addressed under separate continuation grant awards. Continuation applications for these funds are therefore not subject to provisions contained in this notice but to other requirements that have been conveyed separately. The deadline for applications in response to this notice was August 1, 2008. State agencies provided the following:
X. Results or Benefits Expected All applicants were required to establish targeted assistance performance goals for each of the five ORR performance outcome measures for each impacted county's proposed service contract(s) or sub-grants for the next contracting cycle. Proposed performance goals were included in the application for each performance measure. The five ORR performance measures are: (1) entered employments, (2) cash assistance terminations due to employment, (3) 90-day employment retentions, (4) average wage at placement, and (5) job placements with available health benefits. Targeted assistance program activity and progress achieved toward meeting performance outcome goals are to be reported on a trimester basis on the ORR-6 Performance Report. States which are currently grantees for targeted assistance funds based projected annual outcome goals on past performance. Current grantees had adequate baseline data for all of the five ORR performance outcome measures based on a history of targeted assistance program experience. States identified as new eligible targeted assistance grantees were also required to set proposed outcome goals for each of the five ORR performance outcome measures. New grantees used baseline data, as available, and current data, as reported on the ORR-6 Performance Report for social services program activity, in the goal-setting process. New qualifying counties within States that are current grantees were also required to set proposed outcome goals for each of the five ORR performance outcome measures. New counties used baseline data, as available, and current data, as reported on the ORR-6 Performance Report for social services program activity, in the goal-setting process. Targeted assistance outcome goals are intended to reflect improvement over past performance as part of striving for continuous improvement from one year to another. Final targeted assistance outcome goals are due on November 15, 2008, in conjunction with the ORR Government Performance and Results Act (GPRA) cycle. States are required to submit program performance reports and financial status reports on a trimester basis on the outcomes of TAP. Program performance reports are submitted using Schedule A and Schedule C of the ORR-6 Performance Report (OMB Clearance Number 0970-0036, expiration date 08/30/2010, 10 estimated burden hours per response), which may be found at http://www.acf.hhs.gov/programs/orr/policy/report_forms_instructions.htm. Financial Status Reports are submitted using the Standard Form (SF)-269, which may be found at http://www.acf.hhs.gov/grants/grants_resources.html. FOR FURTHER INFORMATION, CONTACT: Henley Portner, Division of Budget, Policy and Data Analysis (DBPDA), Office of Refugee Resettlement, Administration for Children and Families, (202) 401-5363, Henley.Portner@acf.hhs.gov.
Table 1 -- Top Fifty-Seven Proposed Eligible Counties FY 2008 - FY 2010 Table 2 -- Eleven New Counties That Qualify Table 3 -- One County That No Longer Qualifies Table 4 -- Proposed FY 2008 Allocation of $43,731,000 to Counties Table 5 -- FY 2008 Proposed TAP Funding to States Table 6 -- Targeted Assistance Areas Posted on September 30, 2008 |