42 U.S.C. § 1313 — Assistance for United States citizens re-

Page 2576 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1312 § 1312. Medical care guides and reports for pub- lic assistance and medical assistance In order to assist the States to extend the scope and content, and improve the quality, of medical care and medical services for which payments are made to or on behalf of needy and low-income individuals under this chapter and in order to promote better public understanding about medical care and medical assistance for needy and low-income individuals, the Secretary shall develop and revise from time to time guides or recommended standards as to the level, content, and quality of medical care and medical services for the use of the States in evaluating and improving their public assist- ance medical care programs and their programs of medical assistance; shall secure periodic re- ports from the States on items included in, and the quantity of, medical care and medical serv- ices for which expenditures under such programs are made; and shall from time to time publish data secured from these reports and other infor- mation necessary to carry out the purposes of this section. (Aug. 14, 1935, ch. 531, title XI, § 1112, as added Pub. L. 86–778, title VII, § 705, Sept. 13, 1960, 74 Stat. 995; amended Pub. L. 89–97, title IV, § 408(c), July 30, 1965, 79 Stat. 422.) Editorial Notes AMENDMENTS 1965—Pub. L. 89–97 struck out ‘‘for the aged’’ after ‘‘medical assistance’’. § 1313. Assistance for United States citizens re- turned from foreign countries (a) Authorization; reimbursement; utilization of facilities of public or private agencies and organizations (1) The Secretary is authorized to provide tem- porary 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 cit- izen 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 tem- porary assistance to cover the cost thereof. (3) The Secretary may provide assistance under paragraph (1) directly or through utiliza- tion of the services and facilities of appropriate public or private agencies and organizations, in accordance with agreements providing for pay- ment, 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; con- sultations The Secretary is authorized to develop plans and make arrangements for provision of tem- porary 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 Sec- retary of State, the Attorney General, and the Secretary of Defense. To the extent feasible, as- sistance 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 ‘‘tem- porary assistance’’ means money payments, medical care, temporary billeting, transpor- tation, and other goods and services necessary for the health or welfare of individuals (includ- ing guidance, counseling, and other welfare serv- ices) 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 nine- ty-day period in the case of any citizen or de- pendent upon a finding by the Secretary that the circumstances involved necessitate or jus- tify the furnishing of assistance beyond such pe- riod in that particular case. (d) Maximum total amount of temporary assist- ance The total amount of temporary assistance pro- vided under this section shall not exceed $1,000,000 during any fiscal year beginning after September 30, 2009, 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 cred- ited to the appropriation account from which this program is funded, in addition to amounts otherwise appropriated, and shall remain avail- able 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, title XI, § 1113, as added Pub. L. 87–64, title III, § 302, June 30, 1961, 75 Stat. 142; amended Pub. L. 87–543, title I, § 133, July 25, 1962, 76 Stat. 196; Pub. L. 88–347, June 30, 1964, 78 Stat. 236; Pub. L. 90–36, § 2, June 29, 1967, 81 Stat. 94; Pub. L. 90–248, title V, § 503, Jan. 2, 1968, 81 Stat. 934; Pub. L. 91–41, § 4, July 9, 1969, 83 Stat. 45; Pub. L. 92–40, July 1, 1971, 85 Stat. 96; Pub. L. 94–44, §§ 1, 2, June 28, 1975, 89 Stat. 235; Pub. L. 101–382, title I, § 140, Aug. 20, 1990, 104 Stat. 654; Pub. L. 101–508, title V, § 5056(a), Nov. 5, 1990, 104 Stat. 1388–229; Pub. L. 108–11, title I, § 1701, Apr. 16, 2003, 117 Stat. 585; Pub. L. 109–250, § 1(a), July 27, 2006, 120 Stat. 652; Pub. L. 111–127, § 2, Jan. 27, 2010, 124 Stat. 4; Pub. L. 115–57, § 2(a), Sept. 12, 2017, 131 Stat. 1148; Pub. L. 116–148, § 2(a), July 13, 2020, 134 Stat. 661; Pub. L. 117–39, § 2(a), Aug. 31, 2021, 135 Stat. 336.) Page 2577 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1314 Editorial Notes AMENDMENTS 2021—Subsec. (d). Pub. L. 117–39 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’’. 2020—Subsec. (d). Pub. L. 116–148 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 as- sistance provided during each such fiscal year shall not exceed $25,000,000.’’ 2017—Subsec. (d). Pub. L. 115–57 substituted ‘‘fiscal years 2017 and 2018’’ for ‘‘fiscal year 2010’’ and ‘‘each such fiscal year’’ for ‘‘that fiscal year’’. 2010—Subsec. (d). Pub. L. 111–127, which directed sub- stitution of ‘‘September 30, 2009, except that, in the case of fiscal year 2010, the total amount of such assist- ance provided during that fiscal year shall not exceed $25,000,000.’’ for ‘‘September, 30, 2003’’ and all that fol- lows through the end of subsec. (d), was executed by making the substitution for ‘‘September 30, 2003, 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. 2006—Subsec. (d). Pub. L. 109–250 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’’. 2003—Subsec. (d). Pub. L. 108–11 substituted ‘‘2003’’ for ‘‘1991’’. 1990—Subsec. (d). Pub. L. 101–508, § 5056(a)(1), sub- stituted ‘‘after September 30, 1991’’ for ‘‘on or after Oc- tober 1, 1989’’. 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— ‘‘(1) $8,000,000 during the fiscal years ending June 30, 1975, and June 30, 1976, and the succeeding calendar quarter, or ‘‘(2) $300,000 during any fiscal year beginning on or after October 1, 1976.’’ Subsec. (e). Pub. L. 101–508, § 5056(a)(2), added subsec. (e). 1975—Subsec. (c). Pub. L. 94–44, § 2, 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 fur- nishing of assistance in that particular case. Subsec. (d). Pub. L. 94–44, § 1, substituted provisions setting the maximum total amount of temporary as- sistance provided under this section for provisions pro- hibiting temporary assistance after June 30, 1973. 1971—Subsec. (d). Pub. L. 92–40 extended termination date from June 30, 1971, to June 30, 1973. 1969—Subsec. (d). Pub. L. 91–41 extended termination date from June 30, 1969, to June 30, 1971. 1968—Subsec. (d). Pub. L. 90–248 extended termination date from June 30, 1968, to June 30, 1969. 1967—Subsec. (d). Pub. L. 90–36 extended termination date from June 30, 1967, to June 30, 1968. 1964—Subsec. (d). Pub. L. 88–347 extended termination date from June 30, 1964, to June 30, 1967. 1962—Subsec. (d). Pub. L. 87–543 extended termination date from June 30, 1962, to June 30, 1964. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–508, title V, § 5056(b), Nov. 5, 1990, 104 Stat. 1388–230, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall be effective for fiscal years beginning after September 30, 1989.’’ LIMIT ON DIRECT CONTACT WITH REPATRIATED INDIVIDUALS DURING COVID–19 EMERGENCY PERIOD Pub. L. 116–148, § 3, July 13, 2020, 134 Stat. 661, pro- vided that: ‘‘During the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)), in providing temporary assist- ance under section 1113 of such Act (42 U.S.C. 1313), no employee of the Administration for Children and Fami- lies 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 (42 U.S.C. 1313(a)(1)), 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 (42 U.S.C. 204)) in an active duty status who, as de- termined by the Secretary of Health and Human Serv- ices, has— ‘‘(1) received appropriate training on infection pre- vention and control; and ‘‘(2) access to appropriate personal protective equipment.’’ § 1314. Public advisory groups (a) Advisory Council on Public Welfare; appoint- ment and functions of initial Council The Secretary shall, during 1964, appoint an Advisory Council on Public Welfare for the pur- pose of reviewing the administration of the pub- lic assistance and child welfare services pro- grams for which funds are appropriated pursuant to this chapter and making recommendations for improvement of such administration, and re- viewing the status of and making recommenda- tions with respect to the public assistance pro- grams for which funds are so appropriated, espe- cially in relation to the old-age, survivors, and disability insurance program, with respect to the fiscal capacities of the States and the Fed- eral Government, and with respect to any other matters bearing on the amount and proportion of the Federal and State shares in the public as- sistance and child welfare services programs. (b) Membership and representation of interests on initial Council The Council shall be appointed by the Sec- retary without regard to the provisions of title 5 governing appointments in the competitive service and shall consist of twelve persons who shall, to the extent possible, be representatives of employers and employees in equal numbers, representatives of State or Federal agencies concerned with the administration or financing of the public assistance and child welfare serv- ices programs, representatives of nonprofit pri- vate organizations concerned with social welfare programs, other persons with special knowledge, experience, or qualifications with respect to such programs, and members of the public. (c) Technical and other assistance for initial Council; availability of data The Council is authorized to engage such tech- nical assistance as may be required to carry out its functions, and the Secretary shall, in addi- tion, make available to the Council such secre- tarial, clerical, and other assistance and such pertinent data prepared by the Department of Health and Human Services as it may require to carry out such functions.