Final Notice for FY 2005 Formula Allocation for Targeted Assistance Grants to States for Services to Refugees, 52408-52419 [05-17373]
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Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of Refugee Resettlement
Final Notice for FY 2005 Formula
Allocation for Targeted Assistance
Grants to States for Services to
Refugees
Office of Refugee Resettlement
(ORR), ACF, HHS.
ACTION: Final notice of availability of
allocations for FY 2005 targeted
assistance grants to States for services to
refugees 1 in local areas of high need.
AGENCY:
[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 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.
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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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
the three-year project cycle, FY 2005,
FY 2006, and FY 2007 for TAP funds.
Qualifications of counties are 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
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 final notice, a total of 48
counties (Table 1) qualify for targeted
assistance grants. Of these, 6 new
counties (Table 2) qualify for targeted
assistance grants, and 11 counties (Table
3) which previously received targeted
assistance grants no longer qualify for
targeted assistance program funding.
Application Deadline: Application
deadline for targeted assistance program
funding will be September 12, 2005. A
full application is required this
qualifying year, FY 2005. Six (6) new
counties are eligible for targeted
assistance. Counties that have received
TAP funds in the past and will continue
to qualify for TAP have not been
required to submit a full application
since FY 2002. Application
requirements in the second and third of
a 3-year project cycle will be less
extensive.
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 final notice announces the
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
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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) plans to use the
$49,081,000 in targeted assistance funds
as follows:
• $44,173,066 will be allocated to
States under the 5-year population
formula, as set forth in this final notice.
• $4,907,934 (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 selfsufficiency, (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
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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 selfsufficiency 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 employmentrelated 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
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cash assistance recipients, particularly
long-term recipients; (b) unemployed
refugees who are not receiving cash
assistance; and (c) employed refugees in
need of services to retain employment
or to attain economic independence.
In addition to the statutory
requirement that TAP funds be used
‘‘primarily for the purpose of facilitating
refugee employment’’ (section
412(c)(2)(B)(i) of the INA), funds
awarded under this program are
intended to help fulfill the
congressional intent that ‘‘employable
refugees should be placed on jobs as
soon as possible after their arrival in the
United States’’ (section 412(a)(1)(B)(i) of
the INA). Therefore, in accordance with
45 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
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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 servicesfunded employment services or have
accepted employment are eligible for
child care services for their children.
States and counties are expected to use
child care funding from other publiclyadministered 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
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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 refugeeserving 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 final notice will be contingent upon
the completeness of a State’s application
as described in section IX, below.
IV. Discussion of Comments Received
Five States submitted comments in
response to the proposed notice of FY
2005 funds for targeted assistance. The
comments are summarized below and
are followed by ORR’s response.
Comment: Two States submitted
information requesting participation in
the targeted assistance program.
Response: Of the two requesting
States, one is found to have a county
which ranked within the top 48
counties qualified for targeted assistance
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funds, therefore, the State is included in
this qualifying project cycle (FY 2005—
FY 2007). County data (refugees,
asylees, and secondary migrants)
submitted by the other State failed to
make the cut-off point. The county is
ranked number 62. Data on secondary
migrants is not considered for targeted
assistance population count due to the
improbable task of tracking in-migration
and out-migration for all targeted
assistance counties nationwide in order
to arrive at adjusted population
estimates.
Comment: Two States requested reconsideration of their counties due to
unprecedented new arrivals of
secondary migration of refugees.
Response: As stated in the above
response, data on secondary migration
is not considered for targeted assistance
population count.
Comment: One State requested
reconsideration of one of its counties
which was eliminated in this qualifying
cycle.
Response: ORR conducted the final
re-allocation task taking into account all
eligibility factors which are outlined in
the statute for which data are available.
The said county ranked number 69 on
the list.
ORR understands that discontinuing
funding in the counties that no longer
qualify for TAP will undoubtedly have
an effect on the services in those
counties. However, funds must be
directed to those counties that are most
impacted by recent arrivals as required
by statute.
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 determines the
eligibility of counties for 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
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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
this 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 used the formula
which bases allocation of targeted
assistance funds on the most current 5year 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. This final notice
consists of the 48 qualified counties for
the FY 2005—FY 2007 three-year
project cycle for TAP funds. Counties
qualified 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 final notice.
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A. Qualifying Counties
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, was 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 was 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 it is believed
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.
ORR decided to limit the number of
qualified counties based on ranking
order to the top 48 counties (Table 1) in
order to target a sufficient level of
funding to the most impacted counties.
Each county was ranked in terms of the
sum of a county’s rank on refugee
arrivals and its rank on concentration. A
county had to rank within the top 48
counties to qualify for targeted
assistance funds.
ORR 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 published in the proposed
notice. Analysis of these data indicates
that: (a) Forty-eight (48) 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 48 counties listed in this final
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 the
proposed notice published in the June
17, 2005, Federal Register [70 FR, vol.
116 (June 17, 2005)]. 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
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52411
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
The FY 2005 targeted assistance
amount, $44,173,066, is allocated by
formula to States for the 48 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) was 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 was 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 were provided by States,
including those in response to the
proposed notice. For FYs 2000 through
2004, Havana parolees were derived
from actual data.
For FY 2005 allocation, many States
responded to ORR’s voluntary process
for data submission on their number of
asylees, entrants, or trafficking victims
prior and after issuance of the proposed
allocations notice. This voluntary
process helped minimize adjustments of
final allocations. States used the
standardized EXCEL format suggested
by ORR to submit 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
submitted separately on an EXCEL
spreadsheet. Data submitted was
verified by ORR against the ORR arrivals
database (RADS), and as a result of this
process, adjustments were included in
this final notice for FY 2005 allocations
for targeted assistance funds.
Documentation submitted by States
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 populations
claimed for targeted assistance funding.
Listings of refugees who were not
identified by their alien numbers (ANumbers) were not considered.
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Additionally, in FY 2005, ORR asked
States to submit list of asylees that they
have served in their Targeted Assistance
employment services programs. About
49,000 names were submitted. ORR
matched these names and A-Numbers
with the data that ORR had received
from the U.S. Citizenship and
Immigration Services (USCIS) and the
Executive Office of Immigration Review
(EOIR). However, only about 47 percent
or 23,337 of the names submitted were
found to match with the records in the
database. The primary reasons for the
unmatched submissions were that the
asylum claim was granted outside the
five-year eligibility period, the ANumber did not appear in the ORR
database, or the name submitted did not
match the A-Number and name in the
ORR database. The reason for the lack
of the A-number occurred when the
head of household applied for asylum
but failed to list his/her family members
in the asylum claim. The family
members eventually received derivative
asylum status based upon the head of
household claim. These family members
may have received ORR-funded
services, however, their names do not
appear in the database of asylum
claimants because they were not
included in the initial asylum
application of the head of household.
Therefore, these individuals remain
unverifiable.
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.
VII. Allocations
Table 1 lists the 48 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 new eligible
counties that qualify under the targeted
assistance criteria.
Table 3 lists the 11 counties which no
longer qualify for TAP funds based
upon the qualification formula.
Table 4 lists the final targeted
assistance allocations by county for FY
2005.
Table 5 lists the final allocations by
State for FY 2005.
Table 6 lists the targeted assistance
areas.
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
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
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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
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.
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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.
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, 90day 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.
X. Results or Benefits Expected
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
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
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52413
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).
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: August 18, 2005.
Nguyen Van Hanh,
Director, Office of Refugee Resettlement.
BILLING CODE 4184–01–P
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[FR Doc. 05–17373 Filed 9–1–05; 8:45 am]
BILLING CODE 4184–01–C
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Substance Abuse and Mental Health
Services Administration
Current List of Laboratories Which
Meet Minimum Standards To Engage in
Urine Drug Testing for Federal
Agencies
Substance Abuse and Mental
Health Services Administration, HHS.
ACTION: Notice.
AGENCY:
SUMMARY: The Department of Health and
Human Services (HHS) notifies Federal
agencies of the laboratories currently
certified to meet the standards of
Subpart C of the Mandatory Guidelines
for Federal Workplace Drug Testing
Programs (Mandatory Guidelines). The
Mandatory Guidelines were first
published in the Federal Register on
April 11, 1988 (53 FR 11970), and
subsequently revised in the Federal
Register on June 9, 1994 (59 FR 29908),
on September 30, 1997 (62 FR 51118),
and on April 13, 2004 (69 FR 19644).
A notice listing all currently certified
laboratories is published in the Federal
Register during the first week of each
month. If any laboratory’s certification
is suspended or revoked, the laboratory
will be omitted from subsequent lists
until such time as it is restored to full
certification under the Mandatory
Guidelines.
If any laboratory has withdrawn from
the HHS National Laboratory
Certification Program (NLCP) during the
past month, it will be listed at the end,
and will be omitted from the monthly
listing thereafter.
This notice is also available on the
Internet at https://workplace.samhsa.gov
and https://www.drugfreeworkplace.gov.
FOR FURTHER INFORMATION CONTACT: Mrs.
Giselle Hersh or Dr. Walter Vogl,
Division of Workplace Programs,
SAMHSA/CSAP, Room 2–1035, 1 Choke
Cherry Road, Rockville, Maryland
20857; 240–276–2600 (voice), 240–276–
2610 (fax).
SUPPLEMENTARY INFORMATION: The
Mandatory Guidelines were developed
in accordance with Executive Order
12564 and section 503 of Public Law
100–71. Subpart C of the Mandatory
Guidelines, ‘‘Certification of
Laboratories Engaged in Urine Drug
Testing for Federal Agencies,’’ sets strict
standards that laboratories must meet in
order to conduct drug and specimen
validity tests on urine specimens for
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Jkt 205001
Federal agencies. To become certified,
an applicant laboratory must undergo
three rounds of performance testing plus
an on-site inspection. To maintain that
certification, a laboratory must
participate in a quarterly performance
testing program plus undergo periodic,
on-site inspections.
Laboratories which claim to be in the
applicant stage of certification are not to
be considered as meeting the minimum
requirements described in the HHS
Mandatory Guidelines. A laboratory
must have its letter of certification from
HHS/SAMHSA (formerly: HHS/NIDA)
which attests that it has met minimum
standards.
In accordance with Subpart C of the
Mandatory Guidelines dated April 13,
2004 (69 FR 19644), the following
laboratories meet the minimum
standards to conduct drug and specimen
validity tests on urine specimens:
ACL Laboratories, 8901 W. Lincoln
Ave., West Allis, WI 53227, 414–328–
7840/800–877–7016, (Formerly:
Bayshore Clinical Laboratory).
ACM Medical Laboratory, Inc., 160
Elmgrove Park, Rochester, NY 14624,
585–429–2264.
Advanced Toxicology Network, 3560
Air Center Cove, Suite 101, Memphis,
TN 38118, 901–794–5770/888–290–
1150.
Aegis Analytical Laboratories, Inc., 345
Hill Ave., Nashville, TN 37210, 615–
255–2400.
Baptist Medical Center-Toxicology
Laboratory, 9601 I–630, Exit 7, Little
Rock, AR 72205–7299, 501–202–2783,
(Formerly: Forensic Toxicology
Laboratory Baptist Medical Center).
Clinical Reference Lab, 8433 Quivira
Road, Lenexa, KS 66215–2802, 800–
445–6917.
Diagnostic Services, Inc., dba DSI,
12700 Westlinks Drive, Fort Myers,
FL 33913, 239–561–8200/800–735–
5416.
Doctors Laboratory, Inc., 2906 Julia
Drive, Valdosta, GA 31602, 229–671–
2281.
DrugScan, Inc., P.O. Box 2969, 1119
Mearns Road, Warminster, PA 18974,
215–674–9310.
Dynacare Kasper Medical Laboratories*,
10150–102 St., Suite 200, Edmonton,
Alberta, Canada T5J 5E2, 780–451–
3702/800–661–9876.
ElSohly Laboratories, Inc., 5 Industrial
Park Drive, Oxford, MS 38655, 662–
236–2609.
Express Analytical Labs, 3405 7th Ave.,
Suite 106, Marion, IA 52302, 319–
377–0500.
Gamma-Dynacare Medical
Laboratories*, A Division of the
Gamma-Dynacare, Laboratory
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52419
Partnership, 245 Pall Mall Street,
London, ONT, Canada N6A 1P4, 519–
679–1630.
General Medical Laboratories, 36 South
Brooks St., Madison, WI 53715, 608–
267–6225.
Kroll Laboratory Specialists, Inc., 1111
Newton St., Gretna, LA 70053, 504–
361–8989/800–433–3823, (Formerly:
Laboratory Specialists, Inc.).
LabOne, Inc., 10101 Renner Blvd.,
Lenexa, KS 66219, 913–888–3927/
800–873–8845, (Formerly: Center for
Laboratory Services, a Division of
LabOne, Inc.).
Laboratory Corporation of America
Holdings, 7207 N. Gessner Road,
Houston, TX 77040, 713–856–8288/
800–800–2387.
Laboratory Corporation of America
Holdings, 69 First Ave., Raritan, NJ
08869, 908–526–2400/800–437–4986,
(Formerly: Roche Biomedical
Laboratories, Inc.).
Laboratory Corporation of America
Holdings, 1904 Alexander Drive,
Research Triangle Park, NC 27709,
919–572–6900/800–833–3984,
(Formerly: LabCorp Occupational
Testing Services, Inc., CompuChem
Laboratories, Inc.; CompuChem
Laboratories, Inc., A Subsidiary of
Roche Biomedical Laboratory; Roche
CompuChem Laboratories, Inc., A
Member of the Roche Group).
Laboratory Corporation of America
Holdings, 10788 Roselle St., San
Diego, CA 92121, 800–882–7272,
(Formerly: Poisonlab, Inc.).
Laboratory Corporation of America
Holdings, 550 17th Ave., Suite 300,
Seattle, WA 98122, 206–923–7020/
800–898–0180, (Formerly: DrugProof,
Division of Dynacare/Laboratory of
Pathology, LLC; Laboratory of
Pathology of Seattle, Inc.; DrugProof,
Division of Laboratory of Pathology of
Seattle, Inc.).
Laboratory Corporation of America
Holdings, 1120 Main Street,
Southaven, MS 38671, 866–827–8042/
800–233–6339, (Formerly: LabCorp
Occupational Testing Services, Inc.;
MedExpress/National Laboratory
Center).
Marshfield Laboratories, Forensic
Toxicology Laboratory, 1000 North
Oak Ave., Marshfield, WI 54449, 715–
389–3734/800–331–3734.
MAXXAM Analytics Inc.*, 6740
Campobello Road, Mississauga, ON,
Canada L5N 2L8, 905–817–5700,
(Formerly: NOVAMANN (Ontario),
Inc.).
MedTox Laboratories, Inc., 402 W.
County Road D, St. Paul, MN 55112,
651–636–7466/800–832–3244.
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[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Notices]
[Pages 52408-52419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17373]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Refugee Resettlement
Final 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: Final notice of availability of allocations for FY 2005
targeted assistance grants to States for services to refugees \1\ in
local areas of high need.
-----------------------------------------------------------------------
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
[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 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
the three-year project cycle, FY 2005, FY 2006, and FY 2007 for TAP
funds. Qualifications of counties are 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
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 final notice, a total of 48 counties (Table 1) qualify
for targeted assistance grants. Of these, 6 new counties (Table 2)
qualify for targeted assistance grants, and 11 counties (Table 3) which
previously received targeted assistance grants no longer qualify for
targeted assistance program funding.
Application Deadline: Application deadline for targeted assistance
program funding will be September 12, 2005. A full application is
required this qualifying year, FY 2005. Six (6) new counties are
eligible for targeted assistance. Counties that have received TAP funds
in the past and will continue to qualify for TAP have not been required
to submit a full application since FY 2002. Application requirements in
the second and third of a 3-year project cycle will be less extensive.
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 final notice announces the 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
[[Page 52409]]
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) plans to
use the $49,081,000 in targeted assistance funds as follows:
$44,173,066 will be allocated to States under the 5-year
population formula, as set forth in this final notice.
$4,907,934 (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.
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
[[Page 52410]]
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 their 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 final notice will be
contingent upon the completeness of a State's application as described
in section IX, below.
IV. Discussion of Comments Received
Five States submitted comments in response to the proposed notice
of FY 2005 funds for targeted assistance. The comments are summarized
below and are followed by ORR's response.
Comment: Two States submitted information requesting participation
in the targeted assistance program.
Response: Of the two requesting States, one is found to have a
county which ranked within the top 48 counties qualified for targeted
assistance funds, therefore, the State is included in this qualifying
project cycle (FY 2005--FY 2007). County data (refugees, asylees, and
secondary migrants) submitted by the other State failed to make the
cut-off point. The county is ranked number 62. Data on secondary
migrants is not considered for targeted assistance population count due
to the improbable task of tracking in-migration and out-migration for
all targeted assistance counties nationwide in order to arrive at
adjusted population estimates.
Comment: Two States requested re-consideration of their counties
due to unprecedented new arrivals of secondary migration of refugees.
Response: As stated in the above response, data on secondary
migration is not considered for targeted assistance population count.
Comment: One State requested reconsideration of one of its counties
which was eliminated in this qualifying cycle.
Response: ORR conducted the final re-allocation task taking into
account all eligibility factors which are outlined in the statute for
which data are available. The said county ranked number 69 on the list.
ORR understands that discontinuing funding in the counties that no
longer qualify for TAP will undoubtedly have an effect on the services
in those counties. However, funds must be directed to those counties
that are most impacted by recent arrivals as required by statute.
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 determines the eligibility of counties for
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
[[Page 52411]]
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 this 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 used 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. This final notice
consists of the 48 qualified counties for the FY 2005--FY 2007 three-
year project cycle for TAP funds. Counties qualified 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 final notice.
A. Qualifying Counties
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, was 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 was
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 it is believed 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.
ORR decided to limit the number of qualified counties based on
ranking order to the top 48 counties (Table 1) in order to target a
sufficient level of funding to the most impacted counties. Each county
was ranked in terms of the sum of a county's rank on refugee arrivals
and its rank on concentration. A county had to rank within the top 48
counties to qualify for targeted assistance funds.
ORR 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 published in
the proposed notice. Analysis of these data indicates that: (a) Forty-
eight (48) 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 48 counties listed in this final 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 the proposed notice published in the June 17,
2005, Federal Register [70 FR, vol. 116 (June 17, 2005)]. 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
The FY 2005 targeted assistance amount, $44,173,066, is allocated
by formula to States for the 48 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) was 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 was 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 were provided by States,
including those in response to the proposed notice. For FYs 2000
through 2004, Havana parolees were derived from actual data.
For FY 2005 allocation, many States responded to ORR's voluntary
process for data submission on their number of asylees, entrants, or
trafficking victims prior and after issuance of the proposed
allocations notice. This voluntary process helped minimize adjustments
of final allocations. States used the standardized EXCEL format
suggested by ORR to submit 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 submitted separately on an EXCEL spreadsheet. Data
submitted was verified by ORR against the ORR arrivals database (RADS),
and as a result of this process, adjustments were included in this
final notice for FY 2005 allocations for targeted assistance funds.
Documentation submitted by States 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 populations claimed for targeted assistance funding. Listings
of refugees who were not identified by their alien numbers (A-Numbers)
were not considered.
[[Page 52412]]
Additionally, in FY 2005, ORR asked States to submit list of
asylees that they have served in their Targeted Assistance employment
services programs. About 49,000 names were submitted. ORR matched these
names and A-Numbers with the data that ORR had received from the U.S.
Citizenship and Immigration Services (USCIS) and the Executive Office
of Immigration Review (EOIR). However, only about 47 percent or 23,337
of the names submitted were found to match with the records in the
database. The primary reasons for the unmatched submissions were that
the asylum claim was granted outside the five-year eligibility period,
the A-Number did not appear in the ORR database, or the name submitted
did not match the A-Number and name in the ORR database. The reason for
the lack of the A-number occurred when the head of household applied
for asylum but failed to list his/her family members in the asylum
claim. The family members eventually received derivative asylum status
based upon the head of household claim. These family members may have
received ORR-funded services, however, their names do not appear in the
database of asylum claimants because they were not included in the
initial asylum application of the head of household. Therefore, these
individuals remain unverifiable.
VII. Allocations
Table 1 lists the 48 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 new eligible counties that qualify under the
targeted assistance criteria.
Table 3 lists the 11 counties which no longer qualify for TAP funds
based upon the qualification formula.
Table 4 lists the final targeted assistance allocations by county
for FY 2005.
Table 5 lists the final 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 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.
[[Page 52413]]
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).
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: August 18, 2005.
Nguyen Van Hanh,
Director, Office of Refugee Resettlement.
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[FR Doc. 05-17373 Filed 9-1-05; 8:45 am]
BILLING CODE 4184-01-C