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May 13, 2020
Helping U.S. Citizens Abroad During the COVID-19 Pandemic
and Other International Crises: Role of the Department of State
The U.S. Department of State (DOS) has long provided
recommending that U.S. citizens avoid all international
consular services to American citizens around the world
travel.
pursuant to laws passed by Congress. Such services include
disseminating information regarding any major disaster or
Table 1. Selected Consular Information Program
incident abroad affecting the safety of U.S. citizens and,
(CIP) Products
when their lives are endangered by such crises, facilitating
their safe and efficient evacuation. The Coronavirus
Product
Description
Disease 2019 (COVID-19) pandemic has required DOS to
Worldwide DOS’s Worldwide Caution, published on
scale up consular services in response to unprecedented
Caution
travel.state.gov, is periodically updated to
demand. During the COVID-19 pandemic, Congress has
provide U.S. citizens information on universal
conducted oversight of DOS’s consular services and passed
travel risks, as well as recommendations on
two supplemental appropriations laws that include
how to prepare for possible contingencies.
additional funds for DOS to maintain consular operations
and carry out evacuations. Some Members of Congress
Travel
Travel Advisories are issued for every country
have also introduced legislation seeking to adjust or
Advisory
and include guidance regarding country-specific
eliminate the statutory requirement that private U.S.
security concerns. Each Travel Advisory is
citizens evacuated by DOS reimburse the department for a
designated at an overall level, ranging from
portion of the expenses associated with their evacuation.
Level 1 (Exercise Normal Precautions) to Level
4 (Do Not Travel).
Relevant Authorities and State
Department Implementation
Alerts
Overseas posts create alerts to notify U.S.
citizens within their jurisdiction of relevant
Travel Information and the STEP Program
safety and security information, often in
response to significant events. Alerts pertain to
Section 43 of the State Department Basic Authorities Act of
matters such as criminal activity, terrorist
1956 (P.L. 84-885; 22 U.S.C. §2715, hereafter, the BAA)
attacks, and natural disasters.
requires DOS to serve as a clearinghouse of information on
any major disaster or incident overseas affecting the health
Source: U.S. Department of State Foreign Affairs Manual.
and safety of U.S. citizens abroad. DOS carries out this
responsibility through the Consular Information Program
Overseas Evacuations
(CIP), which includes a range of products intended to
Section 103 of the Omnibus Diplomatic Security and
inform U.S. citizens worldwide of potential threats to their
Antiterrorism Act of 1986 (P.L. 99-399; 22 U.S.C. §4802)
health or safety (see Table 1).
requires DOS to “develop and implement policies and
programs to provide for the safe and efficient evacuation of
DOS disseminates CIP products through several means,
… private United States citizens when their lives are
including the Bureau of Consular Affairs’ website for U.S.
endangered.” In addition, Section 4 of the BAA (22 U.S.C.
citizens traveling abroad (http://travel.state.gov) and the
§2671) authorizes expenditures for the evacuation of
Smart Traveler Enrollment Program (STEP). STEP is a
“private United States citizens or third-country nationals, on
digital service through which U.S. citizens traveling or
a reimbursable basis to the maximum extent practicable.”
living abroad can provide their contact information to
Private U.S. citizens are thus generally responsible for a
receive CIP products applicable to any countries they
portion of the cost for their evacuation. However, financial
select. STEP also helps overseas posts locate U.S. citizens
assistance may be available for destitute evacuees, and the
in an emergency. CIP products are further disseminated
BAA limits the scope of repayment to “a reasonable
through the websites of relevant overseas posts, DOS’s
commercial air fare immediately prior to the events giving
social media accounts, and systems of predesignated U.S.
rise to the evacuation.”
citizen “wardens” who pass information to other U.S.
citizens through means such as text messaging. The
In practice, when DOS recommends that private U.S.
wardens are volunteers connected to communities of
citizens leave a country, it advises them to evacuate using
Americans abroad, such as hotel representatives and
existing commercial transportation options whenever
business contacts. DOS has issued several CIP products in
possible. This is reflected in DOS’s current Global Health
response to the COVID-19 pandemic. For example, in
Advisory, which states that “[i]n countries where
March 2020, DOS launched a website providing COVID-
commercial departure options remain available, U.S.
19-related information and resources for every country in
citizens who live in the United States should arrange for
the world; it also issued a Global Health Advisory
immediate return.” However, when local transportation
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Helping U.S. Citizens Abroad During the COVID-19 Pandemic and Other International Crises: Role of the Department of
State
infrastructure is compromised, DOS will arrange chartered
transfer of funds appropriated for DOS operations to the
or noncommercial transportation for U.S. citizens to
CBSP account for consular operations, given the likelihood
evacuate to a safe location.
of declines in consular fee revenues; and authorize DOS
medical personnel abroad to provide, on a reimbursable
Following the outbreak of COVID-19 and the decisions of
basis to the extent feasible, medical services for private
governments worldwide to shut down quickly or severely
U.S. citizens who would be otherwise unable to obtain care.
curtail commercial international travel options, DOS began
an unprecedented effort to facilitate the evacuations of tens
Figure 1. EDCS Account Available Funding
of thousands of American citizens abroad. In doing so,
(in millions of current U.S. dol ars)
DOS adhered to its practice of linking U.S. citizens to
remaining commercial travel options and, where such
options no longer existed, directly chartering flights. As
demand for repatriation surged, DOS leveraged new options
to evacuate U.S. citizens, including “commercial rescue
flights.” To facilitate these flights, DOS worked with the
airline industry to help them secure the needed clearances
to carry out evacuation flights in high-demand countries.
DOS said that these flights enabled it to focus its own
resources to send chartered flights where “airspace, border
closures, and internal curfews have been the most severe.”
While evacuations are still ongoing, DOS estimates that
around 40% of U.S. citizens who have been evacuated to
date for reasons related to COVID-19 returned to the
United States on commercial rescue flights.
Source: OMB President’s Budget Appendices, FY2019, FY2020,
FY2021.
Funding
Note: EDCS=Emergencies in the Diplomatic and Consular Service.
DOS’s Bureau of Consular Affairs (CA), which administers
Balance includes appropriated funds; unexpired, unobligated funds
the CIP program and facilitates overseas evacuations, is
carried over from previous fiscal years; and transferred funds.
funded through the Consular and Border Security Programs
(CBSP) account. Congress does not fund this account
Issues for Congress
through annual appropriations. Instead, Congress authorizes
Some Members of Congress have applauded DOS’s efforts
CA to collect and deposit several consular fees (fees
to scale up consular assistance to U.S. citizens abroad
charged for consular services, including the adjudication of
during the COVID-19 pandemic. Others have expressed
U.S. passport and visa applications) into the CBSP account,
concern that as COVID-19 spread worldwide, DOS was
which CA then expends for consular services and other
slow to communicate with and provide options to
programs specified in law. In FY2019, CA carried forward
Americans abroad seeking repatriation. Some Members of
$2 billion in unexpended fees collected in the prior years
Congress have introduced legislation in the 116th Congress
and collected an additional $3.5 billion. Of these available
to adjust the means through which DOS assists U.S.
funds, CA expended around $3.6 billion.
citizens seeking repatriation during a crisis, including
through amending or eliminating provisions of the BAA
Congress separately funds DOS’s overseas evacuation
that require evacuated citizens to repay some of the costs
flights through the Emergencies in the Diplomatic and
associated with their evacuation. Such legislation includes
Consular Service (EDCS) account, also known as the “K
the COVID–19 International Response and Recovery
Fund” (see Figure 1). In addition to overseas evacuations,
Act of 2020 (S. 3669), which would authorize the
the EDCS account is used to fund other priorities, including
Secretary of State to pay evacuation expenses for U.S.
expenses for DOS’s Rewards for Justice Program, which
citizens related to COVID-19 or other situations while
contributes to efforts to locate and sideline international
“taking into consideration the financial need of each
terrorists. DOS is able to further fund emergency
such individual”;
evacuations using transfer authorities provided by
Congress. For example, Congress in recent DOS
the Expanding Vital American Citizen Services
appropriations laws has authorized DOS to transfer and
Overseas Act of 2020 (H.R. 6595), which would waive
merge funds appropriated to the Diplomatic Programs;
repayment for evacuation expenses related to COVID-
Embassy Security, Construction, and Maintenance; and
19 and any communicable disease for which the federal
EDCS accounts for emergency evacuations.
government has issued a travel alert or travel warning;
and
In an effort to ensure that DOS has funds to continue
the Leave No Americans Behind Act of 2020 (H.R.
providing consular services to American citizens, Congress
5895), which would strike the repayment requirement
passed two supplemental appropriations laws (P.L. 116-123
from law.
and P.L. 116-136) that include a combined $588 million for
DOS operations. These laws increase the amount of funding
DOS can transfer from the Diplomatic Programs account to
Cory R. Gill, Analyst in Foreign Affairs
the EDCS account for emergency evacuations during
IF11548
FY2020 from $10 million to $100 million; authorize the
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Helping U.S. Citizens Abroad During the COVID-19 Pandemic and Other International Crises: Role of the Department of
State
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https://crsreports.congress.gov | IF11548 · VERSION 1 · NEW