DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Office of Refugee Resettlement EXPIRED Notice of Final Fiscal Year (FY) 2007 Formula Allocations for Targeted Assistance Program Grants to States for Services to Refugees. AGENCY: Office of Refugee Resettlement (ORR), ACF, HHS ACTION: Notice of final Fiscal Year (FY) 2007 formula allocations for Targeted Assistance Program (TAP) grants to States for services to refugees in local areas of high need.1 [CFDA No. 93.584, Refugee and Entrant Assistance – Targeted Assistance Grants] SUMMARY: This final notice announces the availability of funds and award procedures for FY 2007 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, high use of public assistance, 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 initially in the FY 1999 Notice of Final Availability of Targeted Assistance Allocations to States, which was published in the Federal Register on March 10, 1999 (64 FR 11927). The FY 2005 – FY 2007 three-year project cycle began in FY 2005. FY 2005 was the year for the re-qualification of counties for the three-year project cycle (FY 2005, FY 2006, and FY 2007) for TAP funds. The notice of final FY 2007 TAP grants includes forty-seven of the forty-eight counties qualified in FY 2005. One county, Davidson County in Tennessee, withdrew from the TAP. The State of Tennessee informed ORR of its desire to voluntarily withdraw from the program after the FY 2005 awards were issued. Qualifications of the 47 remaining counties were based on the arrivals of refugees (see Footnote 1, eligible populations) during the five-year period from FY 2002 through FY 2006 (October 1, 2001 – September 30, 2006). The FY 2007 TAP populations, TAP allocations by State, and targeted assistance areas in the 26 States eligible for TAP funds are listed in this final notice in Table 1, Table 2, and Table 3. TAP APPLICATION DEADLINE: September 21, 2007 FOR FURTHER INFORMATION CONTACT: Kathy Do, Division of Budget, Policy and Data Analysis (DBPDA), (202) 401-4579, or email at Kdo@acf.hhs.gov. SUPPLEMENTARY INFORMATION: This notice announces the final allocations for FY 2007 funds for TAP grants for services to refugees (see Footnote 1 for eligible populations) 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 $48,590,000 in FY 2007 funds for the Targeted Assistance Program (TAP) as part of the FY 2007 appropriation under the Revised Continuing Appropriations Resolution, 2007 (Pub. L. 110-5)(H.R.J. Res. 20). 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 $48,590,000 for targeted assistance…” The FY 2007 House Committee Report (H.R. Rep. No. 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…” “…The Committee recommends $48,590,000 for the targeted assistance program. This is the same as both the fiscal year 2006 funding level and the budget request. These grants provide assistance to areas with high concentrations of refugees…” The Director of ORR proposes to use the $48,590,000 in targeted assistance funds as follows:
The purpose of TAP 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 is 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), as amended by the Refugee Assistance Extension Act of 1986 (Pub. L. 99-605), (8 U.S.C. § 1522(c)(2)(B)), section 501(a) of the Refugee Education Assistance Act of 1980 (Pub. L. 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. 100-202), insofar as it incorporates by reference with respect to certain Amerasians from Viet Nam the authorities pertaining to assistance for refugees established by section 412(c)(2) of the INA, as cited above, including certain Amerasians from Viet Nam who are U.S. citizens, as provided under title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Acts, 1989 (Pub. L. 100-461), 1990 (Pub. L. 101-167), and 1991 (Pub. L. 101-513); section 107(b)(1)(A) of the Trafficking Victims Protection Act of 2000 (Pub. L. 106-386), as amended by the Trafficking Victims Protection Reauthorization Act of 2003 (Pub. L. 108-193), insofar as it states that a victim of a severe form of trafficking and certain other specified family members shall be eligible for Federally funded or administered benefits and services to the same extent as a refugee. III. Client and Service Priorities TAP 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 that addresses the family’s needs from time of arrival until attainment of economic independence (see 45 CFR 400.79, 400.156(g), and 400.317). Each FSSP or IEP should address a family’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 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) 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 FSSP 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 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) (see 45 CFR 400.315). 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 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 TAP 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, TAP 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. TAP funds may not be used for long-term training programs, such as vocational training that lasts for more than a year or educational programs that are not intended to lead to employment within a year. 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 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 CFR 400.316). 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 CFR 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. The Director of 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, the Director 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 child care services, preferably subsidized child 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, child care may be treated as an employment-related service under the TAP. Refugees who are participating in targeted assistance-funded or social services-funded employment services or have accepted employment are eligible for child care services for children. States and counties are expected to use child care funding from other publicly-administered programs such as child care services funded under the Temporary Assistance for Needy Families (TANF) program or under the Child Care and Development Fund (CCDF) 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 child care. For an employed refugee, targeted assistance-funded child care should be limited to situations in which no other publicly funded child care funding is available. In these cases, child care services funded by targeted assistance should be limited to one year after the refugee becomes employed. 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 refugee-specific services that are designed specifically to meet refugee needs and are 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 reflect the major target populations to be served. ORR defines MAAs as organizations with the following qualifications:
Finally, in order to provide culturally and linguistically compatible services in as cost-efficient a manner as possible in 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 as eligible for TAP funds entities that are public or private non-profit agencies, which may include faith-based, refugee or community-based organizations. 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 use of funding for services by minimizing the funds used for multiple administrative overhead costs. The award of TAP funds to States under this final notice will be contingent upon the completeness of a State’s TAP application as described in Section VIII, below. ORR did not receive any comments for TAP. Eligible grantees are: (1) agencies of State governments that are responsible for the refugee program under 45 CFR 400.5 in States containing counties that qualify for FY 2007 targeted assistance awards; (2) a replacement designee appointed by the Director pursuant to 45 CFR 400.301(c); or (3) an agency that has Statewide 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. All such grantees will hereinafter be referred to as “the State.” The Director of ORR determines the eligibility of counties for inclusion in the FY 2007 TAP on the basis of the method described in Section VI of this final 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 will submit a single TAP application to ORR on behalf of all county governments of the qualified counties in that State. Subsequent to the approval of the State 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 agency. 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 the TAP final notice, in accordance with 45 CFR 400.319, the FY 2007 TAP allocations final by the State must be based on the State’s population of refugees who arrived in the U.S. during the most recent five-year period, October 1, 2001, through September 30, 2006. A State may use public assistance usage 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 such data than it has assigned to population data in its allocation formula. In addition, if a State chooses to allocate its FY 2007 targeted assistance funds in a manner different from the formula set forth in the final notice, the FY 2007 TAP allocations and methodology final by the State must be included in the State's TAP application for ORR review and approval. Applications submitted in response to the TAP final notice are not subject to review by State and area wide clearinghouses under Executive Order 12372, “Intergovernmental Review of Federal Programs.” VI. Qualification and Allocation For FY 2007, ORR continues using the formula that bases allocation of targeted assistance funds on the most current five-year refugee arrival data (see footnote, eligible population). Targeted assistance services are limited to the arrival population residing in qualified counties and who have been in the U.S. five years or less. As stated in the FY 1999 notice of final availability of targeted assistance allocations to States, which was published on March 10, 1999 (64 FR 11927), the Director of ORR proposes to determine the qualification of counties for targeted assistance once every three years. The FY 2005 – FY 2007 three-year project cycle began in FY 2005. Forty-eight counties qualified in FY 2005. FY 2007 is the third year of the three-year project cycle for TAP funds. As previously stated, Davidson County, Tennessee, voluntarily withdrew from the program after the FY 2005 awards were issued. Forty-seven of the 48 counties that qualified for FY 2005 TAP funds will continue to qualify for TAP FY 2007 funds on the basis of the most current five-year (October 1, 2001 – September 30, 2006) population, Table 1. Table 2 illustrates the final targeted assistance allocations by State; and Table 3 contains the targeted assistance areas in the twenty-six States eligible for the TAP. A. Qualifying Counties The Director of ORR determines the qualification of counties for targeted assistance once every three years. Since ORR determined the qualification of counties for targeted assistance in FY 2005, those qualifying counties that were eligible in FY 2005 – FY 2006 and listed in this TAP final notice as qualified to apply for FY 2007 TAP funding will remain qualified through the end of FY 2007. ORR does not plan to consider the eligibility of additional counties for TAP funding until FY 2008, when ORR will again review data on all counties that could potentially qualify for TAP funds. Until the next qualification of counties for TAP, ORR has decided to limit the number of qualified counties based on ranking order to the top 47 counties (Table 1) in order to target a sufficient level of funding to the most impacted counties. Davidson County, Tennessee withdrew from the TAP in FY 2005 after the TAP awards were issued. The TAP funds for Davidson County, Tennessee, were redistributed by formula to the 47 qualified counties in FY 2006 and in this final notice for FY 2007. 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 adequately address 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 Formula Of the funds available for FY 2007 for targeted assistance, $43,731,000 will be allocated by formula to States for qualified counties based on the initial arrivals in these counties during the five-year period from FYs 2002 through 2006 (October 1, 2001 – September 30, 2006). Data from the ORR Refugee Arrivals Data System (RADS) is used for the final allocation of funds for targeted assistance. This includes the total number of refugees, Cuban/Haitian entrants, parolees, and Amerasians from Viet Nam. Data on victims of severe forms of trafficking is from the certification and eligibility letters issued by ORR. Trafficking victims have been eligible for services since October 2000 and their family members since December 2003. Data on the number of asylees who have been served in FYs 2002 through 2006 through the refugee resettlement program or social service system are provided by States and matched against RADS. For FYs 2002 through 2006, Havana parolees were derived from actual data. In FY 2007, ORR continues its process for data submission by States on the number of asylees or entrants served prior to issuance of the final allocations notice for formula TAP. On December 11, 2006, ORR sent State Letter 07-02 to States with instructions and information on a new ORR Data Submissions Website for States to submit data for TAP 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 had the opportunity to resubmit corrected files for more accurate data matching. The newly developed 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. A format for the submission of entrant data and a format for submission of asylee data were provided to States on February 7, 2007, for data submission as prescribed on the ORR Data Submissions Website. 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. Matches resulting from these data submissions were reflected in the Notice of Proposed Allocations for TAP published June 29, 2007. Designated State website users were informed by ORR on April 30, 2007, that they had another opportunity to 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 accepted data from States until 6:00 PM (EST), May 15, 2007. States’ data received in ORR by May 15, 2007, were matched against ORR’s RADS. The results of this match are reflected in the final notice of Formula Allocations for TAP Grants to States for services to refugees. A county that did not agree with the ORR refugee population estimate for the 2007 final targeted assistance eligible population (see footnote, eligible population), and believed that its five-year population for FYs 2002 - 2006 was undercounted, was requested to submit to ORR a letter from each local voluntary agency that resettled refugees in the county that attests to the fact that the targeted assistance eligible population listed in an attachment to the letter were resettled as initial arrivals during the five-year period from FYs 2002 - 2006 in the county making the claim. ORR did not receive any documentation from States or Counties of additional eligible populations claimed for TAP funding. 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 final FY 2008 formula allocations for TAP grants so that the results of the data matching will be reflected in the final TAP allocations, consistent with States’ request to ORR to minimize changes and adjustments to formula allocations from the final to the final allocation amounts. Table 1 lists the 47 qualifying TAP counties, the State, and the number of refugee arrivals (see footnote 1, eligible population) in those counties during the five-year period from October 1, 2001 - September 30, 2006. Table 2 lists the final TAP allocations by State for FY 2007. Table 3 lists the targeted assistance areas for FY 2007. VIII. Application and Implementation Process The deadline for submission of the FY 2007 TAP application will be September 21, 2007. Application Content: States that are currently operating under approved management plans for their FY 2005 and/or any revision for the FY 2006 TAP and wish to continue to do so without any changes may provide for their FY 2007 grants the following in lieu of resubmitting the full currently approved plan. The State’s TAP application for FY 2007 funding shall provide:
Implementation Process States may apply for and receive TAP grant awards on behalf of qualified counties in the State. A single allocation will be made to each State by ORR on the basis of an approved State application. The State agency will, in turn, receive, review, and determine the acceptability of individual county targeted assistance plans. Pursuant to 45 CFR 400.210(b), FY 2007 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'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 un-liquidated obligations, on the basis of the State's last filed report. The requirements regarding the discretionary portion of TAP will be addressed under a separate program announcement. Application for discretionary targeted assistance funds are, therefore, not subject to provisions contained in this notice but to other requirements that will be conveyed separately. IX. Results or Benefits Expected All TAP applicants must establish final targeted assistance performance goals for each of the six ORR performance outcome measures for each impacted county's final service contract(s) or sub-grants for the next contracting cycle. Final performance goals must be included in the application for each performance measure. The six ORR performance measures are: 1) entered employments, 2) cash assistance reductions due to employment, 3) cash assistance terminations due to employment, 4) 90-day employment retentions, 5) average wage at placement, and 6) job placements with available health benefits. TAP activity and progress achieved toward meeting performance outcome goals are to be reported quarterly on the ORR-6, the "Quarterly Performance Report." States that are currently grantees for targeted assistance funds should base projected annual outcome goals on past performance. Current grantees should have adequate baseline data for all of the six ORR performance outcome measures based on a history of TAP experience. All qualified counties within States that are current grantees are required to set final outcome goals for each of the six ORR performance outcome measures. Counties may use baseline data, as available, and current data as reported on the ORR-6 for social services program activity to assist them in the goal-setting process. Final targeted assistance outcome goals should reflect improvement over past performance and strive for continuous improvement during the project period from one year to another. Targeted assistance performance data are due quarterly, and the 4th quarter report is due November 15, 2007, for FY 2007, in conjunction with the ORR Government Performance and Results Act (GPRA) cycle. X. Budget and Budget Justification TAP applications shall include line-item detail and detailed calculations for each budget object class identified on the Budget Information form (SF-424A). Detailed calculations must include estimation methods, quantities, unit costs, and other similar quantitative detail sufficient for the calculation to be duplicated. The detailed budget must also include a breakout by the funding sources identified in Block 15 of the SF-424. ORR is particularly interested in the following:
States are required to submit quarterly reports on the outcomes of the TAP, using Schedule A and Schedule C of the ORR-6 Quarterly Performance Report (0970-0036). XII. THE PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) All information collections within this program notice are approved under the following valid Office of Management and Budget (OMB) control numbers: 424 (0348-0043); 424A (0348-0044); 424B (0348-0040); Disclosure of Lobbying Activities (0348-0046); Financial Status Report (SF-269) (0348-0039) and ORR Quarterly Performance Report (0970-0036). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
_____________________________________________________ 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 these statuses, see 45 CFR 400.43, ORR State Letter 00-17, ORR State Letters #01-13, as modified by ORR State Letter #02-01, and ORR State Letter #04-12 at http://www.acf.dhhs.gov/programs/orr/policy/index.htm#letter. For convenience, the term “refugee” is used in this notice to encompass all such eligible persons.
back to top Table 2 - Final Targeted Assistance Allocations By State
back to top Table 3 - Targeted Assistance Areas, FY 2007
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