[Federal Register Volume 59, Number 160 (Friday, August 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20360]
[[Page Unknown]]
[Federal Register: August 19, 1994]
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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: Notice of proposed rulemaking.
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SUMMARY: This notice of proposed rulemaking would amend the regulations
concerning the U.S. Repatriate Program. The proposed rule would require
agencies which 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 to request and obtain advance approval from the
Administration for Children and Families to incur expenses for
developing and preparing to implement repatriation plans for groups of
eligible persons. This action is necessary in order for the Department
to appropriately oversee the limited funding available for such
activities.
DATES: Comments must be received on or before October 18, 1994.
ADDRESSES: Comments should be addressed to 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.
Agencies and organizations are requested to submit comments in
duplicate.
Comments will be available for public inspection, beginning
approximately one month after publication, at the above address on
Monday through Friday of each week from 9:30 a.m. to 4:00 p.m., except
Federal holidays. Although we will not be able to acknowledge or
respond to comments individually in preparing the final rule, we will
respond to comments in the preamble.
FOR FURTHER INFORMATION CONTACT:
David B. Smith (Director, Division of State Legalization and
Repatriation), 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 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. Under current law and
regulations, assistance provided through the program to repatriates
must be repaid to the United States Government unless the Assistant
Secretary for Children and Families specifically waives this
requirement.
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
administer 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, Executive
Order 12656, ``Assignment of Emergency Preparedness Responsibilities,''
requires the Secretary of Health and Human Services 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 for the logistical arrangements for receiving U.S.
citizens repatriated as part of a declared national security emergency
and providing assistance for their travel to their final destinations
and other necessities to ensure the immediate welfare of the
repatriates. These plans are activated upon the request of the
Department if, and only if, the President declares a national security
emergency.
Since the States' Emergency Repatriation Plans are suitable for use
in the event that groups of American citizens are evacuated due to war
or threat of war, invasion or other civil violence, or natural
disaster--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 for States or other agencies providing repatriation assistance
to be reimbursed for their administrative expenses. Since group/
emergency repatriations are a relatively rare event, the Department
wishes to ensure that the amount of administrative expenses incurred by
States in planning or preparing for receiving group repatriations is
reasonable and appropriate.
To this end, we are proposing that if States wish to be reimbursed
for their administrative expenses, they must seek and receive prior
approval from the Department before incurring expenses associated with
developing group/emergency repatriation plans. 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 Department
that such preparations are necessary.
In order to keep administrative requirements to a minimum, we are
not proposing to mandate any particular format for States to request
approval. In submitting a written request for administrative expenses
in advance of incurring costs, a State may use any format the State
desires. 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.
Departmental 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.
We are also proposing to make 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 will not have a significant economic impact
on a substantial number of small entities because it would simply
require agencies to obtain advance approval from the Administration for
Children and Families 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. The Department determined that this rule
is 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 proposed amendment would require States to submit information
regarding their activities and estimated costs for Departmental
approval prior to the incurring of administrative expenses for planning
and implementing 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.
(Catalogue 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.
Dated: June 23, 1994.
Mary Jo Bane,
Assistant Secretary for Children and Families.
Approved: August 5, 1994.
Donna E. Shalala,
Secretary, Department of Health and Human Services.
For the reasons set forth in the preamble, part 212 of subtitle B
of title 45 of the Code of Federal Regulation is proposed to be 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;
* * * * *
3. 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.
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. 94-20360 Filed 8-18-94; 8:45 am]
BILLING CODE 4184-01-M
