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Notes

45 C.F.R. §§ 400.56–400.63

8 sections in range

§400.56. Structure.

45 C.F.R. § 400.56

(a)
States may choose to enter into a partnership agreement with local resettlement agencies for the operation of a public/private RCA program. Sections 400.56 through 400.63 apply to the public/private RCA program.
(b)
The public/private RCA program must be administered by the State through contracts or grants with local resettlement agencies or a lead resettlement agency that provides initial resettlement services under the terms of the Department of State Cooperative Agreement for Reception and Placement.
(c)
The public/private RCA program must be statewide, unless the State determines that it is not in the best interests of refugees to provide a public/private RCA program in a particular area of the State.
(d)
Local resettlement agencies may be responsible for determining eligibility, and authorizing and providing payments to eligible refugees.
(e)
States and local resettlement agencies may not propose to operate a public/private RCA program and a publicly-administered RCA program in the same geographic location.
(f)
States must ensure the provision of RCA assistance to eligible refugees in the State who are sponsored by local resettlement agencies in bordering states, where applicable.
Notes, amendments, and revision history

Source

Source: 65 FR 15443, Mar. 22, 2000, unless otherwise noted.

Authority

Authority: Section 412(a)(9), Immigration and Nationality Act (8 U.S.C. 1522(a)(9)).

Source

Source: 45 FR 59323, Sept. 9, 1980, unless otherwise noted.

§400.57. Planning and consultation process.

45 C.F.R. § 400.57

A State that wishes to establish a public/private RCA program must engage in a planning and consultation process with the local agencies that resettle refugees in the State to develop a public/private RCA plan in accordance with the requirements under § 400.58.
(a)
Primary participants in the planning process must include representatives of the State and each local agency that resettles refugees in the State. During the planning process, the State must fully consult with representatives of counties, refugee mutual assistance associations (MAAs), local community services agencies, national voluntary agencies that resettle refugees in the State, representatives of each refugee ethnic group, and other agencies that serve refugees.
(b)
Each local resettlement agency that resettles refugees in the State must inform its national resettlement agency of the proposed public/private RCA program and must obtain a letter of agreement from the national agency that indicates that the national agency supports the public/private RCA plan and will continue to place refugees in the State under the public/private RCA program.
Notes, amendments, and revision history

Source

Source: 65 FR 15443, Mar. 22, 2000, unless otherwise noted.

Authority

Authority: Section 412(a)(9), Immigration and Nationality Act (8 U.S.C. 1522(a)(9)).

Source

Source: 45 FR 59323, Sept. 9, 1980, unless otherwise noted.

§400.58. Content and submission of public/private RCA plan.

45 C.F.R. § 400.58

(a)
States and local resettlement agencies must develop a public/private RCA plan which describes how the State and local resettlement agencies will administer and provide refugee cash assistance to eligible refugees. The plan must describe the agreed-upon public/private RCA program including:
(1)
The proposed income standard to be used to determine RCA eligibility;
(2)
The proposed payment levels to be used to provide cash assistance to eligible refugees;
(3)
Assurance that the payment levels established are not lower than the comparable State TANF amounts;
(4)
A detailed description of how benefit payments will be structured, including a description of employment incentives and/or income disregards to be used, if any, as well as methods of payment to be used, such as direct cash or vendor payments;
(5)
A description of how all RCA eligible refugees residing in the State will have reasonable access to cash assistance and services;
(6)
A description of the procedures to be used to ensure appropriate protections and due process for refugees, such as the correction of underpayments, notice of adverse action and the right to mediation, a pre-dermination hearing, and an appeal to an independent entity;
(7)
A description of proposed exemptions from participation in employability services;
(8)
A description of the employment and self-sufficiency services to be provided to RCA recipients by—
(i)
Local resettlement agencies under contract or grant, and/or
(ii)
Other refugee services providers;
(9)
Procedures for providing RCA to eligible secondary migrants who move to the State, including secondary migrants who were sponsored by a local resettlement agency that does not have a presence in the receiving State;
(10)
If applicable, provisions for providing assistance to refugees resettling in the State who are sponsored by a local resettlement agency in a bordering State which does not have an office in the State of resettlement;
(11)
A description of the procedures to be used to safeguard the disclosure of information regarding refugee clients;
(12)
Letters of agreement from the national voluntary resettlement agencies that indicate support for the proposed public/private RCA program and indicate that refugee placements in the State will continue under the public/private RCA program;
(13)
A breakdown of the proposed program and administrative costs of both the cash assistance and service components of the public/private RCA program, including any per capita caps on administrative costs only if a State proposes to use such caps; and
(14)
The proposed implementation date for the State's public/private RCA program;
(b)
In cases where the State, after consultation with the local resettlement agencies in the State, determines that a public/private RCA program is not feasible statewide and proposes to implement a public/private RCA program in only a portion of the State and to operate a publicly-administered RCA program in the balance of the State, the State's RCA plan must include the information required in § 400.65(b).
(c)
The plan must be signed by the Governor or his or her designee.
(d)
The Director of ORR will follow the procedures in § 400.8 for the approval of public/private RCA plans. An approved public/private RCA plan will be incorporated into the refugee program State Plan.
(e)
Any amendments to the public/private RCA plan must be developed in consultation with the local resettlement agencies and must be submitted to ORR in accordance with § 400.8. The Director of ORR will follow the procedures in § 400.8 for approval of amendments to public/private RCA plans.
Notes, amendments, and revision history

Source

Source: 65 FR 15443, Mar. 22, 2000, unless otherwise noted.

Authority

Authority: Section 412(a)(9), Immigration and Nationality Act (8 U.S.C. 1522(a)(9)).

Source

Source: 45 FR 59323, Sept. 9, 1980, unless otherwise noted.

§400.59. Eligibility for the public/private RCA program.

45 C.F.R. § 400.59

(a)
Eligibility for refugee cash assistance under the public/private program is limited to those who meet the income eligibility standard established by the State after consultation with local resettlement agencies in the State.
(b)
Any resources remaining in the applicant's country of origin may not be considered in determining income eligibility.
(c)
A sponsor's income and resources may not be considered to be accessible to a refugee solely because the person is serving as a sponsor.
(d)
Any cash grant received by a refugee under the Department of State or Department of Justice Reception and Placement programs may not be considered in determining income eligibility.
Notes, amendments, and revision history

Source

Source: 65 FR 15443, Mar. 22, 2000, unless otherwise noted.

Authority

Authority: Section 412(a)(9), Immigration and Nationality Act (8 U.S.C. 1522(a)(9)).

Source

Source: 45 FR 59323, Sept. 9, 1980, unless otherwise noted.

§400.60. Payment levels.

45 C.F.R. § 400.60

(a)
Under the public/private RCA program, States and the local resettlement agencies contracted or awarded grants to administer the RCA program must make monthly cash assistance payments to eligible refugees that do not exceed the following payment ceilings, according to the number of persons in the family unit, except as noted in paragraphs (b) and (c) of this section. For family units greater than 4 persons, the payment ceiling may be increased by $70 for each additional person.
(b)
States and local resettlement agencies may not make payments to refugees that are lower than the State's TANF payment for the same sized family unit. In States that have TANF payment levels that are higher than the ceilings established in this section, States and local resettlement agencies must provide payment levels under the public/private RCA program that are comparable to the State's TANF payment levels.
(c)
Income disregards and other incentives.
(1)
States and local resettlement agencies may design an assistance program that combines RCA payments with income disregards or other incentives such as employment bonuses, or graduated payments in order to encourage early employment and self-sufficiency, as long as the total combined payments to a refugee do not exceed the ORR monthly ceilings established in this section multiplied by the allowable number of months of RCA eligibility.
(2)
States that elect to exceed monthly payment ceilings in order to provide employment incentives must budget their resources to ensure that sufficient RCA funds are available to cover a refugee's cash assistance needs in the latter months of a refugee's eligibility period, if needed.
(d)
If the Director determines that the payment ceilings need to be adjusted for inflation, the Director will publish a document in the Federal Register announcing the new payment ceilings.
Notes, amendments, and revision history

Source

Source: 65 FR 15443, Mar. 22, 2000, unless otherwise noted.

Authority

Authority: Section 412(a)(9), Immigration and Nationality Act (8 U.S.C. 1522(a)(9)).

Source

Source: 45 FR 59323, Sept. 9, 1980, unless otherwise noted.

§400.61. Services to public/private RCA recipients.

45 C.F.R. § 400.61

(a)
Services provided to recipients of refugee cash assistance in the public/private RCA program may be provided by the local resettlement agencies that administer the public/private RCA program or by other refugee service agencies.
(b)
Allowable services under the public/private program are limited to those services described in §§ 400.154 and 400.155 and are to be funded in accordance with § 400.206.
(c)
In public/private programs in which local resettlement agencies are responsible for administering both cash assistance and services, States and local resettlement agencies must coordinate on a regular basis with refugee mutual assistance associations and other ethnic representatives that represent or serve the ethnic populations that are being resettled in the U.S. to ensure that the services provided under the public/private RCA program:
(1)
Are appropriate to the linguistic and cultural needs of the incoming populations; and
(2)
Are coordinated with the longer-term resettlement services frequently provided by ethnic community organizations after the end of the time-limited RCA eligibility period.
(d)
In public/private programs in which the agencies responsible for providing services to RCA recipients are not the same agencies that administer the cash assistance program, the State must:
(1)
Establish procedures to ensure close coordination between the local resettlement agencies that provide cash assistance and the agencies that provide services to RCA recipients; and
(2)
Set up a system of accountability that identifies the responsibilities of each participating agency and holds these agencies accountable for the results of the program components for which they are responsible.
Notes, amendments, and revision history

Source

Source: 65 FR 15443, Mar. 22, 2000, unless otherwise noted.

Authority

Authority: Section 412(a)(9), Immigration and Nationality Act (8 U.S.C. 1522(a)(9)).

Source

Source: 45 FR 59323, Sept. 9, 1980, unless otherwise noted.

§400.62. Treatment of eligible secondary migrants, asylees, and Cuban/Haitian entrants.

45 C.F.R. § 400.62

The State and local resettlement agencies must establish procedures to ensure that eligible secondary migrant refugees, asylees, and Cuban/Haitian entrants have access to public/private RCA assistance if they wish to apply. In developing these procedures, consideration must be given to ensuring coverage of eligible secondary migrants and other eligible applicants who were sponsored by a resettlement agency which does not have a presence in the State or who were not sponsored by any agency.
Notes, amendments, and revision history

Source

Source: 65 FR 15443, Mar. 22, 2000, unless otherwise noted.

Authority

Authority: Section 412(a)(9), Immigration and Nationality Act (8 U.S.C. 1522(a)(9)).

Source

Source: 45 FR 59323, Sept. 9, 1980, unless otherwise noted.

§400.63. Preparation of local resettlement agencies.

45 C.F.R. § 400.63

The State and the national voluntary agencies whose affiliate agencies will be responsible for implementing the public/private RCA program:
(a)
Must determine the training needed to enable local resettlement agencies to achieve a smooth implementation of the RCA program; and
(b)
Must provide the training in a uniform way to ensure that all local resettlement agencies in the State will implement the public/private RCA program in a consistent manner.
Notes, amendments, and revision history

Source

Source: 65 FR 15443, Mar. 22, 2000, unless otherwise noted.

Authority

Authority: Section 412(a)(9), Immigration and Nationality Act (8 U.S.C. 1522(a)(9)).

Source

Source: 45 FR 59323, Sept. 9, 1980, unless otherwise noted.