95-9913. Assistance for United States Citizens Returned From Foreign Countries  

  • [Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
    [Rules and Regulations]
    [Pages 19862-19864]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-9913]
    
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    Administration for Children and Families
    
    45 CFR Part 212
    
    RIN 0970-AB45
    
    
    Assistance for United States Citizens Returned From Foreign 
    Countries
    
    AGENCY: Administration for Children and Families, HHS, Office of 
    Refugee Resettlement.
    
    ACTION: Final rule.
    
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    SUMMARY: This rule amends the regulations for the U.S. Repatriate 
    Program. Under the U.S. Repatriate Program, State agencies provide 
    assistance to groups of United States citizens who are returned from 
    foreign countries to the United States by the Department of State due 
    to war, threat of war, civil disorder, or natural disaster. This rule 
    requires such agencies to request and obtain advance approval from the 
    Administration for Children and Families (ACF) to incur expenses for 
    developing and preparing to implement repatriation plans for groups of 
    eligible persons. This rule is necessary in order for ACF to provide 
    appropriate oversight of the limited funding available for such 
    activities.
    
    EFFECTIVE DATE: This rule is effective May 22, 1995.
    
    FOR FURTHER INFORMATION CONTACT: David B. Smith, Director, Division of 
    State Legalization and Repatriation, Office of Refugee Resettlement, 
    Administration for Children and Families, 370 L'Enfant Promenade, SW., 
    6th floor, Washington, DC 20447. Telephone: 202-401-9255.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The U.S. Repatriate Program is authorized by Section 1113 of the 
    Social Security Act and is responsive to Executive Order 12656 
    regarding services provided to repatriated U.S. citizens. The program 
    provides temporary assistance through State agencies to needy U.S. 
    citizens and their dependents who are returned to the United States by 
    the Department of State for reasons of destitution, illness, war, 
    threat of war, invasion, civil unrest, or natural disaster in a foreign 
    country. Under current law and regulations, assistance provided through 
    the program to repatriates must be repaid to the United States 
    Government unless the Administration for Children and Families 
    specifically waives this requirement. [[Page 19863]] 
    
    Group Repatriation
    
        When groups of U.S. citizens and their dependents must be evacuated 
    from foreign countries and returned to the United States due to war, 
    threat of war, invasion, civil unrest, or natural disaster, States 
    provide the necessary reception and assistance. These repatriation 
    events are generally referred to as Group Repatriations. In the event 
    that the President declares a national security emergency under 
    Executive Order 12656, ``Assignment of Emergency Preparedness 
    Responsibilities,'' the Secretary of Health and Human Services is 
    required to coordinate such a repatriation. This type of group 
    repatriation is referred to as Emergency Repatriation.
        In response to E.O. 12656, the U.S. Repatriate Program has 
    developed a National Emergency Repatriation Plan which calls for States 
    to develop their own Emergency Repatriation Plans. Under these plans, 
    the States provide the logistical arrangements for receiving U.S. 
    citizens repatriated as part of a declared national security emergency 
    and for providing assistance for their travel to their final 
    destinations. The States also provide necessary assistance to ensure 
    the immediate welfare of the repatriates. States' Emergency 
    Repatriation Plans are activated upon the request of the Secretary if, 
    and only if, the President declares a national security emergency under 
    E.O. 12656.
        The States' Emergency Repatriation Plans are suitable for use when 
    groups of American citizens are evacuated due to war or threat of war, 
    invasion or other civil violence, or natural disaster in foreign 
    countries--but a national security emergency is not declared under 
    Executive Order 12656. The U.S. Repatriate Program recognizes that 
    States could use these plans as both Emergency Repatriation Plans and 
    Group Repatriation Plans, and encourages them to do so.
    
    Administrative Costs
    
        The statutory authority, as well as the current regulations, 
    provide that States or other agencies providing repatriation assistance 
    be reimbursed by the U.S. Repatriate Program for their administrative 
    expenses. Since funds are limited and since group/emergency 
    repatriations are relatively rare events, the Administration for 
    Children and Families (ACF) wishes to ensure that the amount of 
    administrative expenses incurred by States in advance planning or 
    preparing for receiving group repatriations is reasonable and 
    appropriate.
        To this end, ACF published a notice of proposed rulemaking on 
    August 19, 1994 (59 FR 42795). In the NPRM, we proposed that, if States 
    wish to be reimbursed for their administrative expenses, they must seek 
    and receive prior approval from ACF before incurring expenses 
    associated with developing group/emergency repatriation plans. We 
    further proposed that States must also receive prior approval to be 
    reimbursed for the costs of preparing to implement the plans, such as 
    conducting training exercises or making physical preparations to a 
    reception site, unless notified by the Assistant Secretary that such 
    preparations are necessary due to a crisis in a foreign country.
    
    Comments and Response on Advance Approval Requirement
    
        We received four comments on the proposed rule. One of the 
    commenters agreed that the existing emergency plan should operate as a 
    group repatriation plan, and enclosed a copy of the State's staff 
    critique of the repatriation process experienced during the Persian 
    Gulf evacuation. The commenter hoped that the points made in the letter 
    would be addressed in guidelines for any group repatriation of U.S. 
    citizens. We appreciate these suggestions, and will take them into 
    consideration when addressing benefit levels and other aspects of 
    providing services to repatriates during a group/emergency 
    repatriation.
        The three remaining commenters took issue with our proposal based 
    on a misunderstanding of its provisions. Two commenters mistakenly took 
    the proposal that States seek and receive prior approval before 
    incurring administrative costs in advance planning for an emergency/
    group repatriation to mean that this requirement would apply in the 
    event of an actual emergency or crisis situation. One commented, ``The 
    very nature of an emergency repatriation does not lend itself to pre-
    approval,'' while the other commented, ``States are due reimbursement 
    for activities in this regard and this proposed rule appears to be an 
    attempt to place barriers to access.''
        Although the third comment pointed out the differences between 
    advance planning and actual implementation, it also thought prior 
    approval applied to both, noting that the proposed approval process ``* 
    * * is an appropriate request in relation to a state's planning in the 
    absence of an impending event. However, we believe the process outlined 
    is unreasonable when an immediate response is required.'' This view is 
    a misunderstanding of the proposal which was not intended to apply to 
    activities undertaken in response to an actual repatriation event.
        The third commenter proposed additional language to clarify the 
    intent of the proposal. With some modification, we have adopted the 
    language of this commenter and incorporated it into the final rule, 
    which now makes clear that prior approval is not required for 
    administrative expenditures incurred by a State in implementing 
    approved repatriation plans as a result of Federal notification that an 
    evacuation may be necessary due to a crisis in a foreign country.
    
    Format for the Request
    
        In order to keep administrative requirements to a minimum, we did 
    not propose any particular format for States to request approval. In 
    submitting a written request for reimbursement of administrative 
    expenses in advance of incurring costs, a State may use any format the 
    State chooses. States should include an estimate of the expenses they 
    will incur, along with a description of the activities to be undertaken 
    and a rationale for the expenditure.
        ACF review of the request will consist of (1) determining if the 
    activities are, in fact, necessary, and (2) evaluating whether the 
    estimated cost is reasonable for the activities to be conducted.
    
    Technical Amendments
    
        We are also making technical changes throughout 45 CFR part 212 to 
    update references to the office's designation and the agency official's 
    title.
    
    Regulatory Procedures
    
    Regulatory Flexibility Act
    
        The Regulatory Flexibility Act (Public Law 96-354) requires the 
    Federal Government to anticipate and reduce the impact of regulations 
    and paperwork requirements on small entities.
        The primary impact of this rule is on State governments. Therefore, 
    we certify that this rule does not have a significant economic impact 
    on a substantial number of small entities because it would simply 
    require agencies to obtain advance approval before incurring 
    administrative costs in developing implementation plans for the 
    repatriation of groups of eligible individuals. Thus, a regulatory 
    flexibility analysis is not required.
    
    Executive Order 12866
    
        Executive Order 12866 requires that regulations be reviewed to 
    ensure that they are consistent with the priorities and principles set 
    forth in the Executive Order. ACF determined that this rule is 
    [[Page 19864]] consistent with these priorities and principles. An 
    assessment of the costs and benefits of available regulatory 
    alternatives (including not regulating) demonstrated that the approach 
    taken in the regulation is the most cost effective and least burdensome 
    while still achieving the regulatory objectives.
    
    Paperwork Reduction Act
    
        This final rule would require States to submit information 
    regarding their activities and estimated costs for ACF approval prior 
    to the incurring of administrative expenses for planning and preparing 
    to implement group/emergency repatriation procedures. The Office of 
    Management and Budget (OMB) clearance under the Paperwork Reduction Act 
    of 1980 (44 U.S.C. chapter 35) has been requested.
    
    (Catalog of Federal Domestic Assistance Program No. 93.579, U.S. 
    Repatriate Program)
    
    List of Subjects in 45 CFR Part 212
    
        Administrative cost, Repatriation, Reporting and recordkeeping 
    requirements, Social Security Act, U.S. Repatriate Program.
    
        Approved: April 4, 1995.
    Mary Jo Bane,
    Assistant Secretary for Children and Families.
        For the reasons set forth in the preamble, part 212 of subtitle B 
    of title 45 of the Code of Federal Regulations is amended as follows:
    
    PART 212--ASSISTANCE FOR UNITED STATES CITIZENS RETURNED FROM 
    FOREIGN COUNTRIES
    
        1. The authority citation for part 212 continues to read as 
    follows:
    
        Authority: Sec. 302, 75 Stat. 142, sec. 1102, 49 Stat. 647; 42 
    U.S.C. 1313, 1302.
    
        2. Section 212.1 is amended by revising paragraph (d) and (e) to 
    read as follows:
    
    
    Sec. 212.1  General definitions.
    
    * * * * *
        (d) The term Administration means the Administration for Children 
    and Families, Department of Health and Human Services;
        (e) The term Assistant Secretary means the Assistant Secretary for 
    Children and Families;
    * * * * *
        2. Section 212.8 is amended by redesignating the current text as 
    paragraph (a), and by adding a new paragraph (b) to read as follows:
    
    
    Sec. 212.8  Federal payments.
    
    * * * * *
        (b) To receive reimbursements, States, or other agencies, shall 
    request and receive prior approval from the Assistant Secretary for 
    administrative expenses incurred in developing or preparing to 
    implement repatriation plans for groups of eligible persons. Such 
    requests should include a description of the activities to be 
    undertaken, an estimate of the expenses and a rationale for the 
    expenditures. In reviewing requests, the Assistant Secretary will 
    consider the necessity and reasonableness of the costs. Prior approval 
    is not required for administrative expenditures incurred by a State in 
    implementing approved repatriation plans as a result of Federal 
    notification that an evacuation may be necessary.
    
    
    Secs. 212.1, 212.2, 212.8 and 212.9  [Amended]
    
        4. In addition to the amendments set forth above, in 45 CFR 212 
    remove the word ``Administrator'' and add, in its place, the words 
    ``Assistant Secretary'' in the following places: (a) Section 212.1(i); 
    (b) Section 212.2; (c) section 212.8, as redesignated; and (d) Section 
    212.9 (a)(4) and (b).
    
    
    Secs. 212.3 and 212.10  [Amended]
    
        5. Also, in 45 CFR 212 remove the words ``the Service'' and add, in 
    their place, the words ``the Administration'' in the following places: 
    (a) Section 212.3(b); and (b) Section 212.10(b).
    
    [FR Doc. 95-9913 Filed 4-20-95; 8:45 am]
    BILLING CODE 4184-01-M
    
    

Document Information

Effective Date:
5/22/1995
Published:
04/21/1995
Department:
Children and Families Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-9913
Dates:
This rule is effective May 22, 1995.
Pages:
19862-19864 (3 pages)
RINs:
0970-AB45
PDF File:
95-9913.pdf
CFR: (2)
45 CFR 212.1
45 CFR 212.8