Proposed Notice for FY 2005 Formula Allocation for Targeted Assistance Grants to States for Services to Refugees, 35265-35277 [05-11919]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES
• Administration for Children and Families
• Refugee Resettlement Office

[Federal Register Volume 70, Number 116 (Friday, June 17, 2005)]
[Notices]
[Pages 35265-35277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11919]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Proposed Notice for FY 2005 Formula Allocation for Targeted 
Assistance Grants to States for Services to Refugees

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

ACTION: Proposed notice of availability of allocations for FY 2005 
targeted assistance grants to States for services to refugees \1\ in 
local areas of high need.

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    \1\ In addition to persons who meet all requirements of 45 CFR 
400.43, ``Requirements for documentation of refugee status,'' 
eligibility for targeted assistance 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 and victims of a severe form of trafficking 
who receive certification or eligibility letters from ORR, and 
certain other specified family members of trafficking victims. See 
Section II of this notice on ``Authorization,'' and refer to 45 CFR 
400.43 and the ORR State Letter 01-13 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. 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, 
including the targeted assistance program.
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[CFDA No. 93.584, Refugee and Entrant Assistance--Targeted 
Assistance Grants]

SUMMARY: This proposed notice announces the availability of funds and 
award procedures for FY 2005 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 targeted assistance 
program 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 FR 11927). The FY 2002-FY 2004 three-year project cycle has 
expired. FY 2005 is the year for the re-qualification of counties for

[[Page 35266]]

the three-year project cycle, FY 2005, FY 2006, and FY 2007 for TAP 
funds. This notice proposes that the qualification of counties be based 
on the arrivals of refugees (see Footnote 1, eligible population) 
during the 5-year period from FY 2000 through FY 2004, and on the 
concentration of the arrivals population as a percentage of the general 
population. Counties that could potentially qualify for TAP FY 2005 
funds on the basis of the most current 5-year population are listed in 
this proposed notice in Table 1, Table 2, Table 4, and Table 6.
    Under this qualification proposal, a total of 47 counties (Table 1) 
would qualify for targeted assistance grants. Of these, 6 new counties 
(Table 2) would qualify for targeted assistance grants, and 11 counties 
(Table 3) which previously received targeted assistance grants would no 
longer qualify for targeted assistance program funding.

DATES: Comments on this notice must be received by July 18, 2005.

ADDRESSES: Address written comments, in duplicate, to: Kathy Do, 
Administration for Children and Families, 370 L'Enfant Promenade, SW., 
Washington, DC 20447. Due to potential delays in mail delivery to 
Federal offices, a copy of comments should also be faxed to Kathy Do 
at: (202) 401-4719.
    Application Deadline: The deadline for applications will be 
established by the final notice. Applications should not be sent in 
response to this notice of proposed allocations.

FOR FURTHER INFORMATION CONTACT: Kathy Do, Division of Budget, Policy 
and Data Analysis (DBPDA), (202) 401-4579; e-mail: kdo@acf.hhs.gov.

SUPPLEMENTARY INFORMATION: 

I. Purpose and Scope

    This notice announces the proposed availability of Fiscal Year 2005 
funds for targeted assistance grants for services to refugees (see 
Footnote 1 for eligible population) 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) has available $49,081,000 
in FY 2005 funds for the targeted assistance program (TAP) as part of 
the FY 2005 appropriation under the Consolidated Appropriations Act, 
2005, (Pub. L. 108-447).
    The Director of the Office of Refugee Resettlement (ORR) proposes 
to use the $49,081,000 in targeted assistance funds as follows:
     $44,172,900 will be allocated to States under the 5-year 
population formula, as set forth in this proposed notice.
     $4,908,100 (10% of the total) will be used to award 
discretionary grants to States under continuation grant awards.
    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. 99-
605), 8 U.S.C. 1522(c)(2); 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), and 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

    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), 
employment development plan (EDP), 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 family self-
sufficiency plan or employment development plan 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 family self-sufficiency plan may 
be developed for a family that incorporates both targeted assistance 
and refugee social services.
    Services funded through the targeted assistance program 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 (5 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.

[[Page 35267]]

    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 CFR 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 the 
targeted assistance program 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 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, 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 which 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 targeted assistance program. 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) or under the Child Care and Development Block Grant (CCDBG) 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:
    a. The organization is legally incorporated as a nonprofit 
organization; and
    b. Not less than 51% of the composition of the Board of Directors 
or governing board of the mutual assistance association 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 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 funds to States under this proposed notice will be 
contingent upon the completeness of a State's application as described 
in section IX, below.

IV. {Reserved for Discussion of Comments in the Final Notice{time} 

V. Eligible Grantees

    Eligible grantees are: 1. Agencies of State governments that are 
responsible for the refugee program under 45 CFR 400.5 in States 
containing counties which qualify for FY 2005 targeted assistance 
awards; and 2. non-State agencies funded under the Wilson-Fish program 
which administer, in lieu of a State, a statewide refugee assistance 
program containing counties which qualify for FY 2005 targeted 
assistance formula funds. All such grantees will hereinafter be 
referred to as ``the State''.
    The Director of ORR proposes to determine the eligibility of 
counties for

[[Page 35268]]

inclusion in the FY 2005 targeted assistance program on the basis of 
the method described in section VI of this notice.
    The use of targeted assistance funds for services to Cuban and 
Haitian entrants is limited to States which have an approved State plan 
under the Cuban/Haitian Entrant Program (CHEP).
    The State agency will submit 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's agency 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 final notice, in 
accordance with 45 CFR 400.319, the FY 2005 allocations proposed by the 
State must be based on the State's population of refugees who arrived 
in the U.S. during the most recent 5-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 2005 targeted assistance funds in a manner different from the 
formula set forth in the final notice, the FY 2005 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 the 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 2005, ORR proposes to continue using the formula which bases 
allocation of targeted assistance funds on the most current 5-year 
arrivals data on refugees (See Footnote 1, eligible population). 
Targeted assistance services are limited to the arrival population 
residing in qualified counties who have been in the U.S. five years or 
less. As stated in the FY 1999 notice of proposed 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 2002-FY 2004 three-year project cycle has expired. ORR is 
currently re-qualifying counties for the FY 2005-FY 2007 three-year 
project cycle for TAP funds. Counties that could potentially qualify 
for TAP FY 2005 funds on the basis of the most current 5-year (10/1/99-
9/30/04) population are listed in Tables 1, 2, 4, and 6 in this 
proposed notice.

A. Qualifying Counties

    In order to qualify for application for FY 2005 targeted assistance 
funds, a county (or group of adjacent counties with the same Standard 
Metropolitan Statistical Area, or SMSA) or Independent city, would be 
required to: rank 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 5-year 
period (FY 2000-FY 2004); and (b) the 5-year refugee arrival population 
as a percent of the county overall population.
    With regards to the first qualification criteria, each county would 
be ranked on the basis of its 5-year refugee arrival population and its 
concentration of refugees, with a relative weighting of 2 to 1 
respectively, because we believe that large numbers of arrivals (see 
Footnote 1, eligible population) into a county create a significant 
impact, regardless of the ratio of refugees to the county general 
population.
    Each county would then be ranked in terms of the sum of a county's 
rank on refugee arrivals and its rank on concentration. To qualify for 
targeted assistance based on rank, a county would have to rank within 
the top 47 counties. 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.
    ORR has screened data on all counties that have received awards for 
targeted assistance since FY 1983, and on all other counties that could 
potentially qualify for TAP funds based on the criteria proposed in 
this notice. Analysis of these data indicates that: (a) Forty-seven 
(47) counties qualify for targeted assistance funds, Table 1; (b) 
eleven (11) counties which have previously received targeted assistance 
would no longer qualify, Table 3; and (c) six (6) new counties qualify 
for FY 2005 targeted assistance funds, Table 2.
    The proposed counties listed in this notice as qualified to apply 
for FY 2005 TAP funding would remain qualified for TAP funding through 
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 based on 
the criteria contained in this proposed 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 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 2005 for targeted assistance, 
$44,172,900 would be allocated by formula to States for qualified 
counties based on the initial placements in these counties during the 
5-year period from FYs 2000 through 2004 (October 1, 1999-September 30, 
2004). Data from the ORR Refugee Arrivals Data System (RADS) is used 
for the proposed 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 2000 through 2004 through 
the refugee resettlement program or social service system are provided 
by States. For FYs 2000 through 2004, Havana parolees were derived from 
actual data.
    Consistent with States' request, in FY 2005 ORR implemented a new 
voluntary process for data submission by States on the number of 
asylees, entrants, or trafficking victims prior to issuance of the 
proposed allocations notice--in an effort to minimize adjustments of 
final allocations. Prior to the publication of this proposed notice, 
the request for voluntary data submission was sent to States via e-mail 
on December 20, 2004 with a due date of February 8, 2005. States were 
requested to follow the standardized EXCEL format suggested by ORR to 
submit the data on asylees, entrants, and/or victims of a severe form 
of trafficking served during the 5-year period from FYs 2000 through 
2004 (October 1, 1999-September 30, 2004). Data for each population 
group was to be submitted separately on an EXCEL spreadsheet. The 
spreadsheet(s) was due

[[Page 35269]]

at ORR on February 8, 2005, as an attachment to an e-mail to: 
lbussert@acf.hhs.gov. States that did not respond to the December 20, 
2004 request are hereby notified that ORR will accept data from States 
in response to this proposed notice for targeted assistance program 
funds. Data submitted will be verified by ORR against the ORR arrivals 
database (RADS), and as a result of this process, adjustments may be 
included in the final notice for FY 2005 allocations for targeted 
assistance funds. The deadline for submission of data to ORR is 30 days 
from the date of publication of this proposed notice. This is the final 
opportunity for States to submit data on the number of asylees and 
entrants served in FYs 2000 through 2004, victims of a severe form of 
trafficking served in FYs 2001 through 2004 and certain other specified 
family members of trafficking victims served in FY 2004. The EXCEL 
format for data submission is available from Kathy Do by email at 
kdo@acf.hhs.gov.
    A county that does not agree with the ORR refugee population 
estimate for the 2005 proposed targeted assistance eligible population 
(see Footnote 1, eligible population), and believes that its 5-year 
population for FYs 2000-2004 was undercounted, must 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 placements during the 5-year period from FYs 2000-2004 in the 
county making the claim.
    Documentation must include the name of state, name of county, name 
of refugee (see Footnote 1, eligible population), alien number, date of 
birth and date of arrival in the U.S. for each of the eligible 
population claimed for targeted assistance funding. Listings of 
refugees who are not identified by their alien numbers will not be 
considered. Counties should submit such evidence separately from 
comments they may have in response to this proposed notice. Evidence 
must be submitted no later than 30 days from the date of publication of 
this proposed notice by e-mail as an attachment in a separate Excel 
spreadsheet for each group of population to: lbussert@acf.hhs.gov or 
via overnight mail to: Loren Bussert, Division of Budget, Policy and 
Data Analysis, 370 L'Enfant Promenade, SW., Sixth Floor East, 
Washington, DC 20447, telephone: (202) 401-4732. Failure to submit the 
required documentation in the specified format within the required time 
period will result in forfeiture of consideration.
    As indicated above, counties which have served asylees should 
submit the data according to the data format sent to States from ORR on 
December 20, 2004. At a minimum, counties need to submit the following 
information in order to have their population estimate adjusted to 
include those asylees whose asylum was granted within the 60 month 
period ending September 30, 2004: 1. Alien number (do not include 
hyphens within the A); 2. date of birth; 3. asylum grant date; 
4. asylee full name; 5. name of state; and 6. name of county.
    With regards to the data on trafficking victims, any State that 
disagrees with the number of trafficking victims shown in Table 4 is 
requested to contact Loren Bussert at (202) 401-4732 or by e-mail to: 
LBussert@acf.hhs.gov.

VII. Allocations

    Table 1 lists the 47 proposed qualifying counties, the State, the 
number of refugee arrivals (see Footnote 1, eligible population) in 
those counties during the 5-year period from October 1, 1999-September 
30, 2004, the concentration percent to the county overall population, 
the sum of ranks population, and each county's rank, based on the 
qualification formula described above.
    Table 2 lists the 6 proposed new eligible counties that qualify 
under the targeted assistance criteria.
    Table 3 lists the 11 counties which would no longer qualify for TAP 
funds based upon the qualification formula.
    Table 4 lists the proposed allocations by county for FY 2005.
    Table 5 lists the proposed allocations by State for FY 2005.
    Table 6 lists the targeted assistance areas.

VIII. Application and Implementation Process

    Under the FY 2005 targeted assistance program, States may apply for 
and receive 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 2005 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 ninety 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 the 
targeted assistance program will be 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 which will be conveyed separately.

IX. Application Requirements

    In applying for targeted assistance funds, a State agency is 
required to provide the following:
    A. Assurance that the targeted assistance funds will be used in 
accordance with the requirements for grants in 45 CFR Part 400.
    B. Assurance that the targeted assistance funds will be used in 
compliance with the administrative requirements for grants in 45 CFR 
Part 92.
    C. Assurance that targeted assistance funds will be used primarily 
for the provision of services which are designed to enable refugees to 
obtain jobs with less than one year's participation in the targeted 
assistance program. States must indicate what percentage of FY 2005 
targeted assistance formula allocation funds that are used for services 
will be allocated for employment services.
    D. Assurance that targeted assistance funds will not be used to 
offset funding otherwise available to counties or local jurisdictions 
from the State agency in its administration of other refugee programs, 
such as social services, cash and medical assistance.
    E. The name of the local agency administering the funds, the name 
and telephone number of the responsible person, if administered 
locally.
    F. The amount of funds to be awarded to the targeted county or 
counties. In instances where a State receives targeted assistance 
funding for impacted counties contained in a standard metropolitan 
statistical area (SMSA) that includes a county or counties located in a 
neighboring State, the State receiving those funds must provide a 
description of coordination and planning activities undertaken with the 
State Refugee Coordinator of the neighboring State in which the 
impacted county or counties are located. These planning and 
coordination activities should result in a proposed

[[Page 35270]]

allocation plan for the equitable distribution of targeted assistance 
funds by county based on the distribution of the eligible population by 
county within the SMSA. The proposed allocation plan must be included 
in the State's application to ORR.
    G. Assurance that county targeted assistance plans will include:
    1. A description of the local planning process for determining 
targeted assistance priorities and services, taking into consideration 
all other ORR-funded services available to the refugee population, 
including formula social services.
    2. Identification of refugee/entrant populations to be served by 
targeted assistance projects, including approximate numbers of clients 
to be served, and a description of characteristics and needs of 
targeted populations. (As per 45 CFR 400.314).
    3. Description of specific strategies and services to meet the 
needs of targeted populations.
    4. The relationship of targeted assistance services to other 
services available to refugees/entrants in the county including formula 
allocated ORR social services to States/Wilson-Fish agencies.
    5. Analysis of available employment opportunities in the local 
community. Examples of acceptable analysis of employment opportunities 
might include surveys of employers or potential employers of refugee 
clients, surveys of presently effective employment service providers, 
review of studies on employment opportunities/forecasts which would be 
appropriate to the refugee populations.
    6. Description of the monitoring and oversight responsibilities to 
be carried out by the county or qualifying local jurisdiction.
    H. Assurance that the local administrative budget will not exceed 
15% of the local allocation. Targeted assistance grants are cost-based 
awards. Neither a State nor a county is entitled to a certain amount 
for administrative costs. Rather, administrative cost requests should 
be based on projections of actual needs. All TAP counties will be 
allowed to spend up to 15% of their allocation on TAP administrative 
costs, as need requires. However, States and counties are strongly 
encouraged to limit administrative costs to the extent possible to 
maximize available funding for services to refugees.
    I. For any State that administers the program directly or otherwise 
provides direct services to the refugee/entrant/asylee population in a 
qualified county (with the concurrence of the county), the State must 
have the same information contained in a county plan prior to issuing a 
Request for Proposals (RFP) for services. States that administer the 
TAG program directly may spend no more than 5% of the total allocation, 
and up to 10% of the county's allocation, on administrative costs that 
are reasonable, allocable, and necessary.
    J. A description of the State's plan for conducting fiscal and 
programmatic monitoring and evaluations of the targeted assistance 
program, including frequency of on-site monitoring.
    K. A line item budget and justification for State administrative 
costs limited to a maximum of 5% of the total award to the State. 
Assurance that the State will make available to the county or 
designated local entity not less than 95% of the amount of its formula 
allocation for purposes of implementing the activities proposed in its 
plan. As stated previously, States that administer the program directly 
in lieu of the county (through a mutual agreement with the qualifying 
county), may spend no more than 5% of the total award, and up to 10% of 
the county's TAG allocation on administrative costs. The administrative 
costs must be reasonable, allocable, and necessary. Allocable costs for 
State contracting and monitoring for targeted assistance, if charged, 
must be charged to the targeted assistance grant and not to general 
State administration.

X. Results or Benefits Expected

    All applicants must establish proposed targeted assistance 
performance goals for each of the six ORR performance outcome measures 
for each impacted 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 employments, cash assistance 
reductions due to employment, cash assistance terminations due to 
employment, 90-day employment retentions, 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.''
    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 targeted assistance 
program experience.
    States identified as new eligible targeted assistance grantees are 
also required to set proposed outcome goals for each of the six ORR 
performance outcome measures. New grantees 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.
    New qualifying counties within States that are current grantees are 
also required to set proposed outcome goals for each of the six ORR 
performance outcome measures. New 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.
    Proposed targeted assistance outcome goals should reflect 
improvement over past performance and strive for continuous improvement 
during the project period from one year to another.
    Final targeted assistance outcome goals are due on November 15, 
2005, in conjunction with the ORR Government Performance and Results 
Act (GPRA) cycle.

XI. Budget and Budget Justification

    Provide line item detail and detailed calculations for each budget 
object class identified on the Budget Information form (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.
    Provide a narrative budget justification that describes how the 
categorical costs are derived. Discuss the necessity, reasonableness, 
and allocability of the proposed costs. The Office of Refugee 
Resettlement is particularly interested in the following:
    A line item budget and justification for State administrative costs 
limited to a maximum of 5% of the total award to the State. Each total 
budget period funding amount requested must be necessary, reasonable, 
and allocable to the project. States that administer the program 
locally in lieu of the county, through a mutual agreement with the 
qualifying county, may request administrative costs that add up to, but 
may not exceed, 10% of the county's TAP allocation to the State's 
administrative budget.

XII. Reporting Requirements

    States are required to submit quarterly reports on the outcomes of 
the targeted assistance program, using Schedule A and Schedule C of the 
ORR-6 Quarterly Performance Report (0970-0036).

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

    All information collections within this program notice are approved 
under the following valid 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.
    Public reporting burden for this collection of information is 
estimated to average 10 hours per response, including the time for 
reviewing instructions, gathering and maintaining the data needed, and 
reviewing the collection of information.

    Dated: June 10, 2005.
Nguyen Van Hanh,
Director, Office of Refugee Resettlement.
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[FR Doc. 05-11919 Filed 6-16-05; 8:45 am]
BILLING CODE 4184-01-C