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

ACTION:  Final notice of availability of formula allocation funding for FY 2003 targeted assistance grants to States for services to refugees in local areas of high need.

SUMMARY:  This notice announces the availability of funds and award procedures for FY 2003 targeted assistance grants 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 high use of public assistance, and where specific needs exist for supplementation of currently available resources.

This notice continues the eligibility of those 53 counties located in 28 States that previously qualified for and received targeted assistance program (TAP) grants beginning in FY 2002 as a result of the three-year qualification process.  The FY 2003 TAP formula allocations are based on the same formula as in FY 2002, updated to reflect arrivals during the five-year period from FY 1998 through FY 2002.

The final FY 2003 TAP formula allocations reflect adjustments in final allocations to States as a result of inclusion of data from twenty-three (23) States of 13,554 asylees and victims of a severe form of trafficking who have been provided assistance and/or services.  These adjustments in allocations may require States to submit new 424 and 424a forms for their TAP budget.

APPLICATION DEADLINE: The deadline for applications was Friday, August 1, 2003 to: Pamela Green-Smith, Office of Refugee Resettlement, Division of Refugee Assistance, 370 L’Enfant Promenade, SW, Washington, DC 20447.  States should contact their ORR State Analyst for further information.

For further information on this final notice, contact:  Kathy Do, Division of Budget, Policy and Data Analysis (202) 401-4579, e-mail: kdo@acf.hhs.gov. 

SUPPLEMENTARY INFORMATION:

I.          Purpose and Scope

A notice of proposed availability of FY 2003 funds for grants to States was sent to States by ORR State Letter, Number 03-09, dated June 17, 2003 for targeted assistance for services to refugees in counties where, because of factors such as unusually large refugee populations, high refugee concentrations, and high use of public assistance, there exists and can be demonstrated a specific need for supplementation of resources for services to this population.

The Office of Refugee Resettlement (ORR) has available $49,155,400 in FY 2003 funds for the targeted assistance program (TAP) as part of the 2003 Department of Health and Human Services Appropriations Act, Title II of Division G of the Consolidated Appropriations Resolution FY 2003, Pub.L.No.108-7.

The Director of the Office of Refugee Resettlement (ORR) will use the $49,155,400 in targeted assistance funds as follows:

·         $44,239,860 will be allocated to States under the five-year (October 1, 1997-September 30, 2002) population formula, as set forth in this notice.

·         $4,915,540 (10 percent of the total) will be used to award discretionary grants to States under a separate discretionary program announcement.

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.

The targeted assistance program reflects the requirements of section 412(c)(2)(B) of the Immigration and Nationality Act (INA), 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 is made available to the county or other local entity."

 

II.                  Authorization

Targeted assistance projects are funded under the authority of section 412(c)(2) of the Immigration and Nationality Act (INA), as amended by the Refugee Assistance Extension Act of 1986 (Pub. L. No. 99-605), 8 U.S.C. 1522(c); section 501(a) of the Refugee Education Assistance Act of 1980 (Pub. L. No. 96-422), 8 U.S.C. 1522 note, insofar as it incorporates by reference with respect to Cuban and Haitian entrants the authorities pertaining to assistance for refugees established by section 412(c)(2) of the INA, as cited above; section 584(c) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as included in the FY 1988 Continuing Resolution (Pub. L. No. 100-202), insofar as it incorporates by reference with respect to certain Amerasians from Vietnam the authorities pertaining to assistance for refugees established by section 412(c)(2) of the INA, as cited above, including certain Amerasians from Vietnam who are U.S. citizens, as provided under title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Acts, 1989 (Pub. L. No. 100-461), 1990 (Pub. L. No. 101-167), and 1991 (Pub. L. No. 101-513).

 

III. Use of Funds

Targeted assistance funding must be used to assist refugee families to achieve economic independence in accordance with regulations at 45 CFR Part 400.   The term refugee 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 (per ORR State Letter No. 01-13, May 3, 2001, as modified by ORR State Letter No. 02-01, January 4, 2002).

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)), 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 CFR 400.313, targeted assistance funds must be used primarily for employability services designed to enable refugees with less than one year's participation in the targeted assistance program to obtain jobs in order to achieve economic self-sufficiency as soon as possible.  Under 45 CFR 400.316, a State may provide the same scope of services under targeted assistance as may be provided to refugees under 45 CFR 400.154 and 45 CFR 400.155, with the exception of 45 CFR 400.155(h). 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. 

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).  Citizenship and naturalization preparation services to refugees who have been in the United States for more than 60 months may not be provided with targeted assistance funding.

 

In accordance with 45 CFR 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 accordance with 45 CFR 400.317, if targeted assistance funds are used for the provision of English language training, such training must be provided in a time period that is concurrent, rather than sequential with employment or with other employment-related activities.

Refugees who have accepted employment or are participating in TAP-funded or social services-funded employment services are eligible for day care services for their children. For an employed refugee, TAP-funded day care should be limited to one year after the refugee becomes employed. States and counties, however, are expected to use day care funding from other publicly funded mainstream programs as a prior resource and are encouraged to work with service providers to assure maximum access to other publicly funded resources for day care.

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." In addition, in accordance with 45 CFR 400.317, targeted assistance services must be provided, to the maximum extent feasible, in a manner that includes the use of bilingual/bicultural women on service agency staffs to ensure adequate service access by refugee women.

In accordance with 45 CFR 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 designed specifically to meet refugee needs and in keeping with the rules and objectives of the refugee program.  Vocational or job-skills training, on-the-job training, or English language training, however, need not be refugee-specific.

In order to provide culturally and linguistically compatible services in as cost-efficient a manner as possible, 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 Mutual Assistance Associations (MAAs), voluntary resettlement agencies, or a variety of service providers. States and counties are encouraged to consider public or private non-profit, faith, refugee, or community-based organizations as eligible applicants for these funds.

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 picture. 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 use of funding for services by minimizing the funds used for multiple administrative overhead costs. 

The award of funds to States under this notice will be contingent upon the completeness of a State's application as described in section VII below.

 

IV.        Eligible Grantees

Eligible grantees are a) those agencies of State governments that are responsible for the refugee program under 45 CFR 400.5 in States containing counties that qualify for FY 2003 targeted assistance awards; b) a replacement designee appointed by the Director pursuant to 45 CFR 400.301(c) if the State authorized the replacement designee to act as its agent in applying for and receiving targeted assistance funds; or c) an agency which has State‑wide responsibility for an alternative to the State‑administered program in lieu of the State under a Wilson/Fish grant authorized by section 412 (e)(7) of the INA.

 

The Director of ORR determined the eligibility of counties for inclusion in the FY 2003 targeted assistance program on the basis of the method described in section V of this notice.

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). 

The State agency submits a single application on behalf of all county governments that are qualified counties in that State.  Subsequent to the approval of the State's application by ORR, local targeted assistance plans will be developed by the county government or other designated entity and submitted to the State. 

A State with more than one qualified county is permitted, but not required, to determine the allocation amount for each qualified county within the State.  However, if a State chooses to determine county allocations differently from those set forth in this notice, in accordance with 45 CFR 400.319, the FY 2003 allocations proposed by the State in its application must be based on the State's population of refugees who arrived in the U.S. during the most recent five-year period. A State may use welfare data as an additional factor in the allocation of its targeted assistance funds if it so chooses; however, a State may not assign a greater weight to welfare data than it has assigned to population data in its allocation formula. In addition, if a State chooses to allocate its FY 2003 targeted assistance funds in a manner different from the formula set forth in this notice, the FY 2003 allocations and methodology proposed by the State must be included in the State's application for ORR review and approval.

Applications submitted in response to this notice are not subject to review by State and area-wide clearinghouses under Executive Order 12372, "Intergovernmental Review of Federal Programs."

 

V.         Qualification and Allocation Formula

A.  Qualification

The Director of ORR determines the qualification of counties for targeted assistance once every three years, as stated in the FY 2002 notice of proposed availability of targeted assistance allocations to States which was published in the Federal Register on May 28, 2002 (67 FR 36905). Since ORR determined the qualification of counties for targeted assistance in FY 2002, those qualifying counties determined eligible in FY 2002 and listed in this notice as qualified to apply for FY 2003 TAP funding will remain qualified for TAP funding through the end of FY 2004 on the basis of the most current five-year refugee/entrant arrival data.  ORR does not plan to consider the eligibility of additional counties for TAP funding until FY 2005, when ORR will again review data on all counties that could potentially qualify for TAP funds.

B.  Allocation Formula    

Of the funds available in FY 2003 for targeted assistance, $44,239,860 is allocated by formula to States for qualified counties based on the initial placements of refugees, Amerasians, entrants (including Havana parolees), and Kurdish asylees in these counties during the five-year period from FY 1998 through FY 2002 (October 1, 1997 - September 30, 2002). These data are available in the ORR Refugee Data System.

In the proposed notice, States were informed that the arrival data being applied as the basis for targeted assistance formula allocations do not take into account asylees, victims of a severe form of trafficking, or secondary migration in the 5-year population.  Secondary migration is not currently tracked at the county level, and only those trafficking victims who are receiving services may be counted.  The ORR database only includes Kurdish asylees who were processed on Guam, because information from the Bureau of Citizenship and Immigration Services (BCIS), formerly Immigration and Naturalization Service (INS), and Executive Office of Immigration Review (EOIR) on grants of asylum are available only by zip code of the asylee. Unfortunately, zip code assignments do not correspond to county designations. Many zip codes cross county lines and in some cases, State lines.

 In order to ensure that qualified counties are aware of the opportunity to provide additional information, States were instructed to notify their qualified counties in writing of the opportunity to submit data on asylees and on victims of severe forms of trafficking served by the counties during the past five years for consideration. ORR informed States that it would count asylees in its arrival numbers if the asylee received approval for his/her asylum claim between October 1, 1997 and September 30, 2002 and was served by the State through the refugee resettlement program or the State’s social services system.  Twenty-three (23) States sent ORR their lists of asylees and/or victims of trafficking who were provided services.  These lists include individual alien number, date of birth, date of final grant of asylum, or in the case of victims of trafficking, their alien number, if available, date of birth, certification letter number, and date on the certification letter.  These names and A-Numbers were then compared with an asylee database containing final grants of asylum from the Bureau of Citizenship and Immigration Services (BCIS), and the Executive Office of Immigration Review (EOIR). A substantial number of individuals from the lists were not included in the final tally because their asylum date of approval occurred outside the 60-month period ending September 30, 2002. Additionally, numerous asylees were dropped because their names and A-numbers did not match with the BCIS/EOIR file.  The remaining asylees and victims of a severe form of trafficking (13,554) were included in the final formula for calculating the allocation for each county. (See Table 1).  Data on victims of a severe form of trafficking were compared to ORR files for validation.

With regard to Havana parolees for FY 1999 through FY 2002, the numbers representing Havana parolees were derived from actual data.  For FY 1998, the former INS provided the overall number of actual Havana parolees.  The State of Florida supplied ORR with the actual number of these parolees who arrived in Florida.  Havana parolees credited to qualifying counties in other States were prorated based on the counties' proportion of the five-year entrant population in the U.S.

 

VI. Allocations

Table 1 (see attached) lists the qualifying counties; the number of refugee (column 3), entrant (column 4), and Havana parolee (column 5) arrivals in those counties during the five-year period from October 1, 1997 - September 30, 2002; the number of asylees and victims of trafficking (column 6) credited to each county during this period; the total number of arrivals; and the final amount of each county's allocation based on its five-year arrival population.

 

Table 1--- Final Targeted Assistance Allocations by County: FY 2003

Table 2--- Final Targeted Assistance Allocations by State: FY 2003

Table 3--- Targeted Assistance Areas

VII. Application and Implementation Process

(Information for Sections VII - X in the Proposed and this Final Notice remains unchanged)

States that are currently operating under approved management plans for their FY 2002 targeted assistance program and wish to continue to do so without any changes for their FY 2003 grants may provide the following in lieu of resubmitting the full currently approved plan:

The State's application for FY 2003 funding shall provide:

·         Assurance that the State's current management plan for the administration of the targeted assistance program, as approved by ORR in FY 2002, will continue to be in full force and effect for the FY 2003 targeted assistance program, subject to any additional assurances or revisions required by this notice which are not reflected in the current plan. Any proposed modifications to the approved plan will be identified in the application and are subject to ORR review and approval, e.g., if the State assumes local administration of the program or if the State chooses to determine county allocations differently.  Any proposed changes must address and reference all appropriate portions of the FY 2002 application content requirements to ensure complete incorporation in the State's management plan.

·         A line item budget and justification for State administrative costs limited to a maximum of five percent of the total award to the State.  Each total budget period funding amount requested must be necessary, reasonable, and allocable to the project.

·         All applicants must submit targeted assistance performance goals as described under Section VIII.

VIII. Results or Benefits Expected

All applicants must establish targeted assistance proposed performance goals for each of the six ORR performance outcome measures for each targeted assistance county's proposed service contract(s) or sub-grants for the next contracting cycle.  Proposed performance goals must be included in the application for each performance measure.  The six ORR performance measures are: entered employment, cash assistance reductions due to employment, cash assistance terminations due to employment, 90-day employment retention, average wage at placement, and job placements with available health benefits.  Targeted assistance program activity and progress achieved toward meeting performance outcome goals are to be reported quarterly on the ORR-6, the "Quarterly Performance Report."

 

IX. Reporting Requirements

States will be required to submit quarterly reports on the outcomes of the targeted assistance program, using the same form which States use for reporting on refugee social services formula grants. This is Schedule A and Schedule C, pages 1 and 2 of the ORR-6 Quarterly Performance Report form (OMB #0970-0036).

X. The Paperwork Reduction Act of 1995 (Pub. L. 104-13)

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

 

Catalog of Federal Domestic Assistance (CFDA) Number:  93.584

Dated:  ____________________  __________________________  

Nguyen Van Hanh, Ph.D.

Director

Office of Refugee Resettlement