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March 31, 2020
U.S. Repatriation Program for Citizens Returned from Abroad
Introduction
lack of vocational preparation.” In such cases, aid may be
Section 1113 of the Social Security Act (42 U.S.C. §1313)
extended by nine months, with prior approval from ACF.
permanently authorizes the Department of Health and
Human Services (HHS) to provide temporary aid to certain
Repayment of Temporary Assistance
repatriated U.S. citizens and their dependents. Eligible
Section 1113 generally requires recipients of temporary
citizens must (1) be without available resources and (2) be
assistance to repay the federal government (i.e., the
identified by the Department of State (DOS) as having
assistance is treated as a loan). However, the law also gives
returned (or been brought) from a foreign country because
HHS the authority to effectively waive repayment. Federal
the citizen was destitute, because the citizen (or dependent)
regulations establish factors allowing for such waivers. For
was ill, or because of war, threat of war, invasion, or a
instance, repayment may be waived as a result of financial
similar crisis. Temporary aid is generally provided as a
hardship or if recovering funds would be “against equity
loan. The Social Security Amendments of 1961 (P.L. 87-
and good conscience.” ACF data suggest that relatively few
64) established the program, following the repatriation of a
waivers are granted each year (typically fewer than a
“substantial number of American citizens from Cuba”
dozen). Data also suggest that less than 20% of new loan
(S.Rept. 87-425). Jurisdiction has traditionally been
costs are recovered each year. If costs are not recovered
exercised by the House Ways and Means Committee and
within 30 days, loans begin accruing interest. Costs
the Senate Finance Committee.
recovered via loan repayments do not directly offset
Federal Administration
expenditures in the repatriation program.
Since August 2018, the program has been operated by the
Mass Emergency Repatriations
Office of Human Services Emergency Preparedness and
Beyond routine repatriations, the program occasionally
Response (OHSEPR) within the HHS Administration for
responds to mass emergency repatriation events. Such
Children and Families (ACF). Previously, the program had
events are typically the result of war or natural disasters.
been operated by the ACF Office of Refugee Resettlement
For example, the program supported mass repatriations
(ORR). (Annual ORR Reports to Congress include some
from Lebanon amidst the Hezbollah-Israel War in 2006,
historical information on the program, though Section 1113
and from Haiti due to an earthquake in 2010. During a mass
does not contain explicit reporting requirements.) ACF
emergency repatriation, ACF or participating states/entities
coordinates with DOS in operating the program. Under its
typically set up a processing reception center at applicable
own set of statutory authorities, DOS assists U.S. citizens
ports of entry. This is done in coordination with DOS, as
while abroad by providing for their evacuation or return
well as states selected to receive repatriates. At these
when their lives are endangered (22 U.S.C. §4802) or when
centers, repatriates who do not have immediate access to
they are destitute (22 U.S.C. §2671). This is generally done
resources complete an intake form and loan repayment
via loans or on a reimbursable basis. Once individuals
agreement. Repatriates are interviewed to determine what
arrive in the United States, ACF assumes responsibility for
assistance they need (e.g., travel costs, cash assistance).
providing temporary aid under Section 1113 to eligible
After a mass repatriation has ended, states or other entities
repatriates referred by DOS. Some operational
submit claims for the administrative costs incurred and for
responsibilities for the reception, temporary care, or
temporary assistance provided directly to repatriates.
transportation of eligible repatriates may be carried out by
states through repatriation agreements with ACF or by a
Funding Cap
non-governmental organization under a cooperative
The repatriation program is a capped mandatory spending
agreement with ACF.
program. The current cap of $1 million per fiscal year was
Eligible Costs and Services
put in place in FY1990 (P.L. 101-382). The $1 million cap
The program provides temporary assistance to repatriates
has been temporarily waived or raised several times since
and may also cover administrative costs incurred by states
then (including for FY1990), usually in response to a mass
or other entities. Temporary assistance is defined as money
emergency repatriation event (see Table 1). In most cases,
payments, medical care, temporary billeting, transportation,
laws adjusted the funding cap by amending Section 1113 to
and other services (e.g., counseling) needed for the health
temporarily waive or raise the cap in its entirety, not for a
or welfare of an individual. The resource test for eligibility
particular purpose (i.e., spending in excess of $1 million
looks at whether resources are “immediately accessible” to
was not limited to a particular purpose or activity,
meet an individual’s needs. In general, assistance may not
regardless of what prompted the cap adjustment). In two
be provided for more than 90 days. Regulations make an
cases, however, the cap was effectively waived due to
exception if an individual is “handicapped in attaining self-
provisions in supplemental appropriations acts. These
support or self-care for reasons such as age, disability, or
provisions allowed for additional spending notwithstanding
the cap, but effectively constrained such spending by
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U.S. Repatriation Program for Citizens Returned from Abroad
imposing further limits on the purpose and availability of
care, food, lodging, money, transportation, and other goods
funds. In both cases, spending in excess of the cap was
and services. In limited cases, continuing care and treatment
restricted to assistance in response to specified incidents
in a hospital may also be provided. With limited exceptions,
(an earthquake in Haiti, an Ebola outbreak).
the repatriates are expected to repay the government for
services received.
Table 1. Temporary Adjustments to the Repatriation
Funding Cap, FY1990 to the Present
Funding History and People Served
Table 2 displays funding data (cap levels, budget authority)
Affected
Treatment of the Funding Cap and
and the number of people served since FY2010. In general,
Year(s)
Related Context
annual appropriations may be used for the main repatriation
FY1990,
Cap effectively waived (P.L. 101-508).
program, as well as for mentally ill repatriates. Section
FY1991
Context: conflict in Persian Gulf
1113 also authorizes HHS to accept gifts (in cash or in
kind) to carry out the main program, but such gifts may
FY2003
Cap effectively waived (P.L. 108-11).
only be obligated to the extent provided in appropriations
Context: conflict in Iraq
acts. Since FY2010, the number of people served by the
FY2006
Cap raised to $6 million (P.L. 109-250).
routine program ranged from about 600 to 900 each year.
Context: conflict in Lebanon
Adults account for the majority, and children represent
about a quarter to a third, of those served annually.
FY2010
Cap raised to $25 million (P.L. 111-127).
Cap later effectively waived for assistance provided
Table 2. Repatriation Funding Cap, Final Funding, and
in response to the Haiti earthquake (P.L. 111-212).
Individuals Served, FY2010-FY2020 ($ in thousands)
Context: Earthquake in Haiti
Fiscal
Funding
Funding
People
FY2015
Cap effectively waived for assistance provided in
Year
Cap
Provided
Served
the response to the Ebola outbreak (P.L. 113-235).
Context: Ebola outbreak
2010
$25,000*
$7,815
609 + 28,000
FY2017,
Cap raised to $25 million (P.L. 115-57).
2011
$1,000
$1,000
720
FY2018
Context: Hurricanes Irma, Jose (in Caribbean)
2012
$1,000
$1,000
896
Source: Table prepared using results from a Lexis Advance search of
2013
$1,000
$952
919
bill text from 101st Congress to present. Context is drawn from
various documents (e.g., conference reports). With two exceptions,
2014
$1,000
$928
736
the laws listed amended Section 1113. The exceptions (P.L. 111-212,
P.L. 113-235) allowed for additional spending notwithstanding the
2015
$1,000*
$927
615
statutory cap, but only for specified purposes with specified funds.
2016
$1,000
$932
617
Provisions in P.L. 111-212, P.L. 113-235, and P.L. 115-57 designated
funds provided by those laws as an emergency requirement.
2017
$25,000
$24,931
670 + 3,195
2018
$25,000
$2,937
not avail.
Budget Proposals to Increase the Cap
In the FY2020 and FY2021 President’s budget requests, the
2019
$1,000
$938
not avail.
Trump Administration proposed permanently increasing the
2020
$1,000
$941
not avail.
cap on repatriation funding to $10 million. The ACF budget
justifications for both years contend that this would “better
Source: Laws, budget justifications, and ORR Reports to Congress.
position the program to respond when a mass evacuation of
The funding cap was temporarily raised from $1 million to the
U.S. citizens is necessary.” This is not the first time a
amounts shown for FY2010, FY2017, and FY2018. *The asterisked
President has proposed increasing the repatriation funding
caps for FY2010 and FY2015 were effectively waived beyond amounts
cap. For instance, budget requests from the George W.
shown for limited purposes, but HHS did not use this authority. People
Bush Administration for FY2005-FY2009 proposed
are those served in the routine programs, plus mass repatriations (if
increasing the annual cap to $5 million, stating that the $1
applicable). Funding reflects sequestration in FY2013-FY2020.
million cap was “no longer sufficient.”
Current Issues
Additional Repatriation Authorities
On February 24, 2020, the White House requested—as part
In addition to the main repatriation authorities discussed
of a larger supplemental request associated with the
above, HHS is also authorized to serve certain repatriates
emergence of Coronavirus Disease 2019 (COVID-19)—an
returned to U.S. soil as a result of mental illness (24 U.S.C.
increase in the repatriation funding cap to $10 million “for
§§321 et seq.). These authorities were established in 1960
potential or future response activities.” Since then, media
by P.L. 86-571 and are separate from authorities in Section
reports have raised concerns that ACF repatriation staff
1113. To be eligible, a repatriate must be (1) certified as a
deployed earlier this year may not have been properly
U.S. national by DOS and (2) certified as having a mental
trained or outfitted with personal protective equipment
health condition (e.g., deemed legally insane, in need of
before meeting with quarantined individuals. The concerns
treatment in a mental hospital) by an appropriate authority.
are drawn, in part, from accounts of an ACF whistleblower.
Lack of available resources is not a condition of eligibility.
The reports also raised broader questions about the role of
ACF may provide temporary care, treatment, and assistance
the program in responding to mass repatriations in a public
in the form of hospitalization, other medical and remedial
health context. To date, none of the enacted coronavirus
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U.S. Repatriation Program for Citizens Returned from Abroad
response measures (P.L. 116-123, P.L. 116-127, P.L. 116-
Karen E. Lynch, Specialist in Social Policy
136) have raised the repatriation funding cap.
IF11484
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