November 18, 2002
Dear Colleague:
As you know, emergency group repatriations occurs when American citizens who are living overseas must be evacuated because of war, natural disasters, or other conditions that place Americans at risk. Repatriation is the final link in the evacuation process. Repatriates are returned to the United States by U.S. Department of State (DoS) order, transported in a Non-combatant Evacuation Operation (NEO) conducted by U.S. Department of Defense (DoD) or other arrangements by DoS. Emergency repatriation is a Federal-State government partnership. The Federal agencies and national organizations involved in repatriation activities include the DoD, DoS, U.S. Department of Health and Human Services (DHHS), Immigration and Naturalization Service (INS), U.S. Customs Service, Department of Agriculture, American Red Cross, Federal Bureau of Investigation (FBI), Federal Emergency Management Agency (FEMA) and International Social Services, U.S.A. Branch under a cooperative agreement with the Office of Refugee Resettlement (ORR)/Administration for Children and Families (ACF).
Under Executive Order 12656, DHHS is responsible for arranging through State agencies the reception, temporary care, and onward transportation to their final destinations of non-combatant evacuees returned to the U.S. from a foreign country. DHHS also has the responsibility for the development and implementation of the National Emergency Repatriation Plan. DHHS delegated the lead responsibility for these activities to ORR/ACF.
The National Emergency Repatriation Plan was originally developed in 1983 with the cooperation of DoD and DoS, as well as several other Federal agencies, in coordination with FEMA. Under the National Emergency Repatriation Plan, we rely on State and local governments to carry out operational responsibilities of the repatriation process.
In response to the 1983 Plan, State governments identified by DHHS in consultation with DoD developed emergency group repatriation plans for the reception sites specified on the enclosed list. Therefore, it is most important for those State governments identified on the enclosed list to review and update their plan for emergency repatriation services. However, States other than those included on the enclosed list have been or may be approached by DHHS or DoD to establish additional potential reception sites. States having one or more repatriation sites need a current Emergency Repatriation Plan. We recommend that all States review and update existing plans, as appropriate. States without existing Emergency Repatriation Plans should develop such plans. (Please note that a State's Emergency Plan for reception of U.S. citizen repatriates is a document that is distinct from State plans or agreements with DHHS which address non-emergency reception services for destitute and mentally ill U.S. citizens abroad.)
DHHS funds distributed through ORR and its grantees or contractors pay for the costs of operations at the reception sites. ORR funds, available as loans, also provide to US citizens or their dependents who are destitute or without access to personal resources, temporary assistance, and transportation to their final destination. States would not use Federal TANF (Temporary Assistance for Needy Families) or State maintenance-of-effort (MOE) funds for these purposes. However, because no ORR funds are currently available to help States cover the administrative expenses incurred in developing or planning to implement a State's emergency repatriation plan, we have been asked whether States may use Federal TANF funds to pay for emergency repatriation development and planning activities.
After careful consideration, we determined that States would be justified in using Federal TANF funds only for emergency repatriation development and planning activities. These activities include, in addition to the development of plans, participation in preparedness exercises to test plans and training necessary to implement the plan, and other activities specified in the Code of Federal Regulations at 45 CFR, section 205.45 (State emergency welfare preparedness). Such expenditures can be justified through the grandfathering authority provided at title IV-A, section 404(a)(2) of the Social Security Act (Act).
Because developing and planning activities for emergency repatriation fall under the definition of administrative expenditures for the TANF program, we remind States that section 404(b) of the Act and the implementing regulations at 45 CFR 263.13 limit the use of Federal TANF funds for administrative purposes to not more than 15% of the State's adjusted Federal TANF grant. We also strongly recommend that States using Federal TANF funds for emergency repatriation planning add this activity via an amendment to their State TANF plan. Finally, we would like to remind States that all appropriate costs principles continue to apply when using TANF funds for these activities.
If you have any questions concerning the National Emergency Repatriation Plan, please call Marta Brenden in ORR (202-205-3589). For TANF-related questions, you may call Elaine Richman (202-401-5088) or Robert Shelbourne (202-401-5150) in the Office of Family Assistance.
Sincerely,
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Administration for Children and Families
US Repatriate Program
List of International Airports in States
Emergency Repatriation Sites
EAST COAST
Philadelphia International - PA
Baltimore-Washington International - MD
Raleigh-Durham - NC
Charleston International - SC
Hartsfield-Atlanta - GA
Tampa International Airport - FL
CENTRAL
Dallas-Ft. Worth - TX
San Antonio International - TX
WEST COAST
Anchorage International - AK
Seattle-Tacoma International - WA
Honolulu International - HI
OFA
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