42 U.S.C. § 1313 | Assistance for United States citizens returned from foreign countries

(a)

Authorization; reimbursement; utilization of facilities of public or private agencies and organizations

(1)

The Secretary is authorized to provide temporary assistance to citizens of the United States and to dependents of citizens of the United States, if they (A) are identified by the Department of State as having returned, or been brought, from a foreign country to the United States because of the destitution of the citizen of the United States or the illness of such citizen or any of his dependents or because of war, threat of war, invasion, or similar crisis, and (B) are without available resources.

(2)

Except in such cases or classes of cases as are set forth in regulations of the Secretary, provision shall be made for reimbursement to the United States by the recipients of the temporary assistance to cover the cost thereof.

(3)

The Secretary may provide assistance under paragraph (1) directly or through utilization of the services and facilities of appropriate public or private agencies and organizations, in accordance with agreements providing for payment, in advance or by way of reimbursement, as may be determined by the Secretary, of the cost thereof. Such cost shall be determined by such statistical, sampling, or other method as may be provided in the agreement.

(b)

Plans and arrangements for assistance; consultations

The Secretary is authorized to develop plans and make arrangements for provision of temporary assistance within the United States to individuals specified in subsection (a)(1). Such plans shall be developed and such arrangements shall be made after consultation with the Secretary of State, the Attorney General, and the Secretary of Defense. To the extent feasible, assistance provided under subsection (a) shall be provided in accordance with the plans developed pursuant to this subsection, as modified from time to time by the Secretary.

(c)

“Temporary assistance” defined

For purposes of this section, the term “temporary assistance” means money payments, medical care, temporary billeting, transportation, and other goods and services necessary for the health or welfare of individuals (including guidance, counseling, and other welfare services) furnished to them within the United States upon their arrival in the United States and for such period after their arrival, not exceeding ninety days, as may be provided in regulations of the Secretary; except that assistance under this section may be furnished beyond such ninety-day period in the case of any citizen or dependent upon a finding by the Secretary that the circumstances involved necessitate or justify the furnishing of assistance beyond such period in that particular case.

(d)

Maximum total amount of temporary assistance

September 30, 2009The total amount of temporary assistance provided under this section shall not exceed $1,000,000 during any fiscal year beginning after , except that, in the case of fiscal years 2021 and 2022, the total amount of such assistance provided during each such fiscal year shall not exceed $10,000,000.

(e)

Authority of Secretary to accept gifts

(1)

The Secretary may accept on behalf of the United States gifts, in cash or in kind, for use in carrying out the program established under this section. Gifts in the form of cash shall be credited to the appropriation account from which this program is funded, in addition to amounts otherwise appropriated, and shall remain available until expended.

(2)

Gifts accepted under paragraph (1) shall be available for obligation or other use by the United States only to the extent and in the amounts provided in appropriation Acts.

Aug. 14, 1935, ch. 531 Pub. L. 87–64, title III, § 302June 30, 196175 Stat. 142 Pub. L. 87–543, title I, § 133July 25, 196276 Stat. 196 Pub. L. 88–347June 30, 196478 Stat. 236 Pub. L. 90–36, § 2June 29, 196781 Stat. 94 Pub. L. 90–248, title V, § 503Jan. 2, 196881 Stat. 934 Pub. L. 91–41, § 4July 9, 196983 Stat. 45 Pub. L. 92–40July 1, 197185 Stat. 96 Pub. L. 94–44June 28, 197589 Stat. 235 Pub. L. 101–382, title I, § 140Aug. 20, 1990104 Stat. 654 Pub. L. 101–508, title V, § 5056(a)Nov. 5, 1990104 Stat. 1388–229 Pub. L. 108–11, title I, § 1701Apr. 16, 2003117 Stat. 585 Pub. L. 109–250, § 1(a)July 27, 2006120 Stat. 652 Pub. L. 111–127, § 2Jan. 27, 2010124 Stat. 4 Pub. L. 115–57, § 2(a)Sept. 12, 2017131 Stat. 1148 Pub. L. 116–148, § 2(a)July 13, 2020134 Stat. 661 Pub. L. 117–39, § 2(a)Aug. 31, 2021135 Stat. 336(, title XI, § 1113, as added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , §§ 1, 2, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 117–392021—Subsec. (d). substituted “fiscal years 2021 and 2022, the total amount of such assistance provided during each such fiscal year shall not exceed $10,000,000” for “fiscal year 2020, the total amount of such assistance provided during such fiscal year shall not exceed $10,000,000”.

Pub. L. 116–1482020—Subsec. (d). substituted “fiscal year 2020, the total amount of such assistance provided during such fiscal year shall not exceed $10,000,000.” for “fiscal years 2017 and 2018, the total amount of such assistance provided during each such fiscal year shall not exceed $25,000,000.”

Pub. L. 115–572017—Subsec. (d). substituted “fiscal years 2017 and 2018” for “fiscal year 2010” and “each such fiscal year” for “that fiscal year”.

Pub. L. 111–127September 30, 2009September 30, 20032010—Subsec. (d). , which directed substitution of “, except that, in the case of fiscal year 2010, the total amount of such assistance provided during that fiscal year shall not exceed $25,000,000.” for “September, 30, 2003” and all that follows through the end of subsec. (d), was executed by making the substitution for “, except that, in the case of fiscal year 2006, the total amount of such assistance provided during that fiscal year shall not exceed $6,000,000.”, which did not contain a comma after “September”, to reflect the probable intent of Congress.

Pub. L. 109–2502006—Subsec. (d). inserted “, except that, in the case of fiscal year 2006, the total amount of such assistance provided during that fiscal year shall not exceed $6,000,000” after “2003”.

Pub. L. 108–112003—Subsec. (d). substituted “2003” for “1991”.

Pub. L. 101–508, § 5056(a)(1)September 30, 1991October 1, 19891990—Subsec. (d). , substituted “after ” for “on or after ”.

Pub. L. 101–382 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The total amount of temporary assistance provided under this section shall not exceed—

June 30, 1975June 30, 1976“(1) $8,000,000 during the fiscal years ending , and , and the succeeding calendar quarter, or

October 1, 1976“(2) $300,000 during any fiscal year beginning on or after .”

Pub. L. 101–508, § 5056(a)(2)Subsec. (e). , added subsec. (e).

Pub. L. 94–44, § 21975—Subsec. (c). , set a 90-day limit for assistance following arrival in the United States with provision for furnishing of assistance beyond the 90-day limit upon a finding by the Secretary that the circumstances involved necessitate or justify the furnishing of assistance in that particular case.

Pub. L. 94–44, § 1June 30, 1973Subsec. (d). , substituted provisions setting the maximum total amount of temporary assistance provided under this section for provisions prohibiting temporary assistance after .

Pub. L. 92–40June 30, 1971June 30, 19731971—Subsec. (d). extended termination date from , to .

Pub. L. 91–41June 30, 1969June 30, 19711969—Subsec. (d). extended termination date from , to .

Pub. L. 90–248June 30, 1968June 30, 19691968—Subsec. (d). extended termination date from , to .

Pub. L. 90–36June 30, 1967June 30, 19681967—Subsec. (d). extended termination date from , to .

Pub. L. 88–347June 30, 1964June 30, 19671964—Subsec. (d). extended termination date from , to .

Pub. L. 87–543June 30, 1962June 30, 19641962—Subsec. (d). extended termination date from , to .

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Pub. L. 101–508, title V, § 5056(b)Nov. 5, 1990104 Stat. 1388–230

September 30, 1989“The amendments made by subsection (a) [amending this section] shall be effective for fiscal years beginning after .”

, , , provided that:

Limit on Direct Contact With Repatriated Individuals During COVID–19 Emergency Period

Pub. L. 116–148, § 3July 13, 2020134 Stat. 661

42 U.S.C. 1320b–5(g)(1)(B)42 U.S.C. 1313 42 U.S.C. 1313(a)(1)42 U.S.C. 204“During the emergency period described in section 1135(g)(1)(B) of the Social Security Act (), in providing temporary assistance under section 1113 of such Act (), no employee of the Administration for Children and Families of the Department of Health and Human Services shall have direct, in-person contact with an individual specified in section 1113(a)(1) of such Act (), except in the case of a uniformed member of the Regular Corps or the Ready Reserve Corps of the Commissioned Corps of the Public Health Service (as described in section 203 of the Public Health Service Act ()) in an active duty status who, as determined by the Secretary of Health and Human Services, has—

“(1)

received appropriate training on infection prevention and control; and

“(2)

access to appropriate personal protective equipment.”

, , , provided that: