[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