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

submitted 91 years ago by Pub. L. 87-64 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 573 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may provide temporary assistance to destitute or ill United States citizens and their dependents returned from abroad because of specified emergencies. The assistance may include money, medical care, lodging, transportation, and other needed services, with reimbursement and annual funding limits described below.

(a) Authorization; reimbursement; use of public or private facilities. (1) The Secretary may provide temporary assistance to United States citizens and their dependents if (A) the State Department identifies them as having returned or been brought to the United States from a foreign country because the citizen was destitute or ill, a dependent was ill, or there was war, a threat of war, invasion, or a similar crisis, and (B) they lack available resources. (2) Unless the Secretary’s regulations identify a case or class of cases otherwise, recipients must reimburse the United States for the cost of the temporary assistance. (3) The Secretary may provide the assistance directly or through suitable public or private agencies and organizations. Agreements may require payment in advance or reimbursement, as the Secretary decides. The agreement may determine the cost by statistics, sampling, or another stated method. (b) Plans and arrangements; consultations. The Secretary may develop plans and make arrangements to provide temporary assistance in the United States to the people described in subsection (a)(1). The Secretary must develop the plans and make the arrangements after consulting the Secretary of State, the Attorney General, and the Secretary of Defense. To the extent feasible, assistance under subsection (a) must follow those plans, as the Secretary changes them from time to time. (c) “Temporary assistance” defined. For this section, “temporary assistance” means money payments, medical care, temporary lodging, transportation, and other goods and services needed for people’s health or welfare, including guidance, counseling, and other welfare services. They are provided in the United States when the people arrive and for a period after arrival set by the Secretary’s regulations, not longer than 90 days. The Secretary may provide assistance beyond 90 days for a citizen or dependent if the Secretary finds that the particular circumstances require or justify it. (d) Maximum total amount. For each fiscal year beginning after September 30, 2009, total assistance under this section may not exceed $1,000,000. For fiscal years 2021 and 2022, the total in each year may not exceed $10,000,000. (e) Gifts. (1) The Secretary may accept cash or noncash gifts for the United States to use in carrying out this program. Cash gifts must be credited to the appropriation account funding the program, in addition to other appropriations, and remain available until spent. (2) The United States may obligate or otherwise use gifts accepted under paragraph (1) only to the extent and in the amounts provided by appropriation Acts.
the actual law source: uscode.house.gov ↗public domain
(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

The total amount of temporary assistance provided 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 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 87-64 · 75 Stat. 142
  • 1962Amended · Pub. L. 87-543 · 76 Stat. 196
  • 1964Amended · Pub. L. 88-347 · 78 Stat. 236
  • 1967Amended · Pub. L. 90-36 · 81 Stat. 94
  • 1968Amended · Pub. L. 90-248 · 81 Stat. 934
  • 1969Amended · Pub. L. 91-41 · 83 Stat. 45
  • 1971Amended · Pub. L. 92-40 · 85 Stat. 96
  • 1975Amended · Pub. L. 94-44 · 89 Stat. 235
  • 1990Amended · Pub. L. 101-382 · 104 Stat. 654
  • 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
  • 2003Amended · Pub. L. 108-11 · 117 Stat. 585
  • 2006Amended · Pub. L. 109-250 · 120 Stat. 652
  • 2010Amended · Pub. L. 111-127 · 124 Stat. 4
  • 2017Amended · Pub. L. 115-57 · 131 Stat. 1148
  • 2020Amended · Pub. L. 116-148 · 134 Stat. 661
  • 2021Amended · Pub. L. 117-39 · 135 Stat. 336

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-64 on 1935-08-14.

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