42 U.S.C. § 1311 — Public assistance payments to legal rep-

Page 2575 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1311 (A) and (B) thereof, respectively, redesignated provi- sions of subsecs. (b) and (c) as subsec. (a)(2) and (3), re- spectively, added subsec. (b), and made conforming amendments to subsec. (a)(2) and (3) as redesignated. 1968—Subsec. (a). Pub. L. 90–248 struck out ‘‘non- profit’’ before ‘‘organizations’’ in cl. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–170, title IV, § 404(b), Dec. 17, 1999, 113 Stat. 1910, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect as if included in the enactment of the Social Security Independence and Program Improvements Act of 1994 (Public Law 103–296; 108 Stat. 1464).’’ EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective as if included in the enactment of the Social Security Independence and Program Improvements Act of 1994, Pub. L. 103–296, see section 5528(b) of Pub. L. 105–33, set out as a note under section 903 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–272 effective on first day of month following April 1986, see section 12115 of Pub. L. 99–272, set out as a note under section 415 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–369, div. B, title III, § 2331(c), July 18, 1984, 98 Stat. 1088, provided that: ‘‘The amendments made by this section [amending this section and section 1395b–1 of this title] shall become effective on the date of the enactment of this Act [July 18, 1984].’’ VOCATIONAL REHABILITATION DEMONSTRATION PROJECTS Pub. L. 101–508, title V, § 5120(a)–(e), Nov. 5, 1990, 104 Stat. 1388–280, directed Secretary of Health and Human Services to develop and carry out under this section demonstration projects in each of not fewer than three States, with such demonstration projects to be de- signed to assess the advantages and disadvantages of permitting disabled beneficiaries to select from among both public and private qualified vocational rehabilita- tion providers, providers of vocational rehabilitation services directed at enabling such beneficiaries to en- gage in substantial gainful activities, with each such demonstration project to commence as soon as prac- ticable after Nov. 5, 1990, and to remain in operation until the end of fiscal year 1993, and with a final writ- ten report to be submitted to Congress not later than Apr. 1, 1994. FINAL REPORT COVERING ALL EXPERIMENTS AND DEMONSTRATION PROJECTS Pub. L. 96–265, title V, § 505(c), June 9, 1980, 94 Stat. 475, as amended by Pub. L. 99–272, title XII, § 12101(c), Apr. 7, 1986, 100 Stat. 283; Pub. L. 101–239, title X, § 10103(a)(3), Dec. 19, 1989, 103 Stat. 2472; Pub. L. 101–508, title V, § 5120(f), Nov. 5, 1990, 104 Stat. 1388–282; Pub. L. 103–296, title I, § 108(m)(3), title III, § 315(a)(3), Aug. 15, 1994, 108 Stat. 1489, 1531, which directed Commissioner to submit to Congress final report with respect to all experiments and demonstration projects carried out under section 505 of Pub. L. 96–265, which amended this section and section 401 of this title and enacted provi- sions formerly set out below (other than demonstration projects conducted under section 5120 of the Omnibus Budget Reconciliation of 1990, Pub. L. 101–508, set out above) no later than Oct. 1, 1996, was repealed by Pub. L. 106–170, title III, § 301(b)(1)(A), Dec. 17, 1999, 113 Stat. 1902. AUTHORITY FOR DEMONSTRATION PROJECTS; REPORT TO CONGRESS Pub. L. 96–265, title V, § 505(a)(1)–(4), June 9, 1980, 94 Stat. 473, as amended by Pub. L. 99–272, title XII, § 12101(a), (b), Apr. 7, 1986, 100 Stat. 282; Pub. L. 101–239, title X, § 10103(a)(1), (2), Dec. 19, 1989, 103 Stat. 2472; Pub. L. 103–296, title I, § 108(m), title III, § 315(a)(1), (2), Aug. 15, 1994, 108 Stat. 1489, 1531, which authorized Commis- sioner of Social Security to carry out demonstration projects to determine advantages and disadvantages of alternative methods of treating work activity of dis- abled beneficiaries under the old age, survivors, and disability insurance program and altering limitations and conditions applicable to such disabled bene- ficiaries, and required report to Congress on or before June 9, 1986, and in each succeeding year through 1995, was repealed by Pub. L. 106–170, title III, § 301(b)(1)(A), Dec. 17, 1999, 113 Stat. 1902. Pub. L. 106–170, title III, § 301(b)(2), Dec. 17, 1999, 113 Stat. 1902, provided that: ‘‘With respect to any experi- ment or demonstration project being conducted under section 505(a) of the Social Security Disability Amend- ments of 1980 [Pub. L. 96–265, formerly set out above] (42 U.S.C. 1310 note) as of the date of the enactment of this Act [Dec. 17, 1999], the authority to conduct such exper- iment or demonstration project (including the terms and conditions applicable to the experiment or dem- onstration project) shall be treated as if that authority (and such terms and conditions) had been established under section 234 of the Social Security Act [42 U.S.C. 434], as added by subsection (a).’’ § 1311. Public assistance payments to legal rep- resentatives For purposes of subchapters I, X, XIV, and XVI, and part A of subchapter IV, payments on behalf of an individual, made to another person who has been judicially appointed, under the law of the State in which such individual resides, as legal representative of such individual for the purpose of receiving and managing such pay- ments (whether or not he is such individual’s legal representative for other purposes), shall be regarded as money payments to such individual. (Aug. 14, 1935, ch. 531, title XI, § 1111, as added Pub. L. 85–840, title V, § 511(a), Aug. 28, 1958, 72 Stat. 1051; amended Pub. L. 87–543, title I, § 141(d), July 25, 1962, 76 Stat. 205; Pub. L. 90–248, title II, § 241(c)(3), Jan. 2, 1968, 81 Stat. 917.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–248 struck out ‘‘IV,’’ after ‘‘I,’’ and inserted ‘‘and part A of subchapter IV,’’ after ‘‘XVI,’’. 1962—Pub. L. 87–543 inserted reference to subchapter XVI. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 85–840, title V, § 511(b), Aug. 28, 1958, 72 Stat. 1052, provided that: ‘‘The amendment made by sub- section (a) [enacting this section] shall be applicable in the case of payments to legal representatives by any State made after June 30, 1958; and to such payments by any State made after December 31, 1955, and prior to July 1, 1958, if certifications for payment to such State have been made by the Secretary of Health, Education, and Welfare [now Health and Human Services] with re- spect thereto, or such State has presented to the Sec- retary a claim (and such other data as the Secretary may require) with respect thereto, prior to July 1, 1959.’’ 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.)