[Code of Federal Regulations]

[Title 45, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR400.58]



[Page 356-357]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER IV--OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN 

          AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 400_REFUGEE RESETTLEMENT PROGRAM--Table of Contents

 

                    Subpart E_Refugee Cash Assistance

 

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



    (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



[[Page 357]]



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 Sec.  

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 Sec.  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 Sec.  400.8. The Director of ORR 

will follow the procedures in Sec.  400.8 for approval of amendments to 

public/private RCA plans.