Assisting and Evacuating U.S. Citizens Abroad During the Israel-Hamas Conflict and Other International Crises

Assisting and Evacuating U.S. Citizens Abroad During the Israel-Hamas Conflict and Other International Crises

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Updated October 30, 2023
Assisting and Evacuating U.S. Citizens Abroad During the
Israel-Hamas Conflict and Other International Crises
The U.S. Department of State (DOS; the Department) has
including mortar and rocket fire, often take place without
long provided consular services to American citizens
warning.” As of October 30, DOS has issued at least 10
around the world pursuant to laws passed by Congress.
additional Security Alerts, along with numerous other CIP
Such services include disseminating information regarding
products. DOS has also updated its Worldwide Caution
any major disaster or incident abroad affecting the safety of
product, which advises U.S. citizens overseas to “exercise
U.S. citizens and, when their lives are endangered by such
increased caution” amid the potential for violent actions
crises, facilitating their safe and efficient evacuation. The
against U.S. citizens and interests. Further, DOS updated its
ongoing war between Israel and Hamas has required DOS
Travel Advisories for Israel, the West Bank, and Gaza,
to scale up consular assistance to U.S. citizens in Israel, the
along with those for Lebanon and Iraq, to reflect increased
West Bank, and Gaza. Members of Congress have
security risks.
conducted oversight of DOS’s consular response and in
some cases called on the Department to consider providing
Table 1. Selected Consular Information Program
additional services to facilitate the departure of U.S.
(CIP) Products
citizens, including U.S. government charter flights and
military resources. Some Members have also considered
Product
Description
legislation to adjust or eliminate the statutory requirement
Worldwide DOS’s Worldwide Caution, published on
that private U.S. citizens evacuated by DOS reimburse the
Caution
travel.state.gov, is periodically updated to
Department for a portion of the expenses associated with
provide U.S. citizens information on universal
their evacuation.
travel risks, as well as recommendations on
Travel Information and the
how to prepare for possible contingencies.
STEP Program
Travel
Travel Advisories are issued for every country
Section 43 of the State Department Basic Authorities Act of
Advisory
and include guidance regarding country-specific
1956 (P.L. 84-885; 22 U.S.C. §2715, hereafter, the BAA)
security concerns. Each Travel Advisory is
requires DOS to serve as a clearinghouse of information on
designated at an overall Level ranging from
any major disaster or incident overseas affecting the health
Level 1 (Exercise Normal Precautions) to Level
and safety of U.S. citizens. DOS carries out this
4 (Do Not Travel).
responsibility through the Consular Information Program
Alerts
Overseas posts create alerts to notify U.S.
(CIP), which includes a range of products intended to
(including
citizens within their jurisdiction of relevant
inform U.S. citizens worldwide of potential threats to their
Security
safety and security information, often in
health or safety and the availability of consular services
Alerts)
response to significant events. Depending on
(see Table 1).
the nature of the risk outlined in the Alert,
DOS may label it a Security Alert,
DOS disseminates CIP products through several means,
including the Bureau of Consular Affairs’ website for U.S.
Demonstration Alert, Weather Alert, or
Health Alert.
citizens traveling abroad (http://travel.state.gov) and the
Smart Traveler Enrollment Program (STEP). STEP is a
Source: U.S Department of State Foreign Affairs Manual.
digital service through which U.S. citizens traveling or
living abroad can provide their contact information to
Overseas Evacuations
receive CIP products applicable to any countries they
Section 103 of the Omnibus Diplomatic Security and
select. STEP also helps overseas posts locate U.S. citizens
Antiterrorism Act of 1986 (P.L. 99-399; 22 U.S.C. §4802)
in an emergency. CIP products are further disseminated
requires DOS to “develop and implement policies and
through the websites of relevant overseas posts, DOS’s
programs to provide for the safe and efficient evacuation of
social media accounts, and systems of predesignated U.S.
… private United States citizens when their lives are
citizen volunteers, or “wardens,” who pass information to
endangered.” In addition, Section 4 of the BAA (22 U.S.C.
other U.S. citizens. DOS has issued several CIP products in
§2671) authorizes expenditures for the evacuation of
response to the war between Israel and Hamas and
“private United States citizens or third-country nationals, on
increased tensions throughout the Middle East. For
a reimbursable basis to the maximum extent practicable.”
example, shortly following Hamas’s initial attacks on
Private U.S. citizens are thus generally responsible for a
October 7, 2023, DOS issued a Security Alert stating that
portion of the cost for their evacuation. The BAA limits the
U.S. citizens in Israel, the West Bank, and Gaza were
scope of repayment to “a reasonable commercial air fare
“reminded to remain vigilant and take appropriate steps to
immediately prior to the events giving rise to the
increase their security awareness as security incidents,
evacuation.”
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Assisting and Evacuating U.S. Citizens Abroad During the Israel-Hamas Conflict and Other International Crises
In practice, when DOS recommends that private U.S.
Congress have considered drafting legislation to amend or
citizens leave a country, it advises them to evacuate using
eliminate BAA provisions requiring evacuated citizens to
existing commercial transportation options whenever
repay some of the costs associated with their evacuation.
possible. This policy initially was reflected in a statement
These and other issues are detailed as follows.
President Biden provided on October 9, 2023, amid the
outbreak of hostilities between Israel and Hamas, which
Status of U.S. Citizens in Gaza. DOS CIP products have
said in part that, “[f]or those [U.S. citizens] who desire to
long warned U.S. citizens against traveling to Gaza. DOS
leave, commercial flights and ground options are still
remains engaged with Israel, Egypt, and the United Nations
available.” When local transportation infrastructure is
to broker an agreement for the safe passage of U.S. citizens
compromised or unavailable for use, DOS may arrange
from Gaza. Secretary of State Antony Blinken has blamed
chartered or noncommercial transportation for U.S. citizens
Hamas for “blocking” U.S. citizens from leaving. Some
to evacuate to a safe location.
Palestinian-Americans in Gaza refuted this claim. The
absence of means for U.S. citizens to depart Gaza has
During the initial days of the conflict, some Members of
drawn concern from stakeholders. On October 13, two Arab
Congress expressed concern that DOS was not offering
American advocacy organizations filed a lawsuit against the
sufficient travel assistance to U.S. citizens amid the limited
U.S. government in an effort to compel action. As the
availability of commercial options. On October 12, DOS
conflict continues, Congress may decide whether or not to
announced that it would begin arranging charter flights.
accelerate calls for DOS to facilitate the passage of U.S.
DOS has reported that recent charter flights have departed
citizens from Gaza.
Israel at half capacity or less and plans to offer a final
charter flight on October 31. The Department has also
Timeliness and Extent of U.S. Consular Support to U.S.
evacuated U.S. citizens by ferrying them to Cyprus. U.S.
Citizens in Israel. Some observers have noted concern
officials are continuing work on potential means for U.S.
with the timeliness and extent of DOS support to U.S.
citizens to depart Gaza. DOS advised that U.S. citizens in
citizens in Israel, stating that other countries evacuated their
Gaza “may wish to move closer to the Rafah border
citizens before the United States. Others note that given
crossing [into Egypt]—there may be very little notice if the
overwhelming demand, private charter companies stepped
crossing opens, and it may only open for a limited time.”
in to evacuate U.S. citizens. Members of Congress may
seek to conduct outreach to constituents who experienced
Funding
difficulties evacuating from Israel to gather details to
DOS’s Bureau of Consular Affairs (CA), which administers
inform oversight efforts and potential future legislation.
the CIP program and facilitates overseas evacuations, is
funded through the Consular and Border Security Programs
Statutory Reimbursement Requirement. Some Members
(CBSP) account. Congress does not fund this account
of Congress are considering legislation to amend or strike
through annual appropriations. Instead, Congress authorizes
from law the BAA requirement obligating U.S. citizens to
CA to collect and deposit several consular fees (fees
repay a share of their evacuation costs. While no legislation
charged for consular services, including the adjudication of
has been introduced in the 118th Congress to date, a 117th
U.S. passport and visa applications) into CBSP, which CA
Congress bill (H.R. 8807) sought to strike this requirement
expends for consular services and other programs.
from law. Additionally, H.R. 5102 and H.R. 6754 sought to
waive the repayment requirement with respect to
Congress separately funds DOS’s overseas evacuation
evacuations from Afghanistan and Ukraine, respectively.
flights through the Emergencies in the Diplomatic and
Consular Service (EDCS) account, also known as the “K
Evacuation Planning and Funding Availability. While
Fund.” In addition to overseas evacuations, the EDCS
the number of U.S. citizens who recently departed Israel is
account is used to fund other priorities, including expenses
reportedly in the low thousands, estimates suggest that as
for DOS’s Rewards for Justice Program, which contributes
many as 600,000 U.S. citizens were present in Israel and
to efforts to locate and sideline international terrorists. DOS
500-600 in Gaza prior to the current conflict. DOS has
is able to further fund emergency evacuations using transfer
expressed concern regarding the security of U.S. citizens
authorities provided by Congress. For example, Congress in
and U.S. interests across the Middle East, and the Biden
recent DOS appropriations laws has authorized DOS to
Administration has reportedly planned for a scenario
transfer and merge funds appropriated to the Diplomatic
wherein hundreds of thousands of U.S. citizens require
Programs; Embassy Security, Construction, and
evacuation from the region. In this context, Congress may
Maintenance; and EDCS accounts for evacuations.
confer with DOS and the Administration more broadly
regarding the details of its planning and funding availability
Issues Facing Congress
to facilitate evacuations. Congress may also consider
In the initial days of the conflict between Israel and Hamas,
whether or not to increase funding for the EDCS account,
some Members of Congress called on DOS to directly
including in a potential future supplemental appropriations
provide means of evacuation for U.S. citizens. While the
measure, or provide additional transfer authorities to DOS.
Department has done so for U.S. citizens present in Israel,
U.S. citizens in Gaza have criticized what they perceive as

the Department’s failure to ensure their safe evacuation.
Additionally, some U.S. citizens in Israel have expressed
Cory R. Gill, Analyst in Foreign Affairs
concern with what they characterize as untimely or
insufficient DOS guidance, while some Members of
IF11548
https://crsreports.congress.gov

Assisting and Evacuating U.S. Citizens Abroad During the Israel-Hamas Conflict and Other International Crises

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https://crsreports.congress.gov | IF11548 · VERSION 2 · UPDATED