[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