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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October 20, 2023
Assisting and Evacuating U.S. Citizens Abroad During the
Israel-Hamas Conflict and Other International Crises
The U.S. Department of State (DOS, or the Department)
warning.” As of October 20, DOS has issued at least 10
has long provided consular services to American citizens
additional Security Alerts. DOS has also updated its Travel
around the world pursuant to laws passed by Congress.
Advisory for Israel, the West Bank, and Gaza and,
Such services include disseminating information regarding
separately, Lebanon, to reflect increased security risks.
any major disaster or incident abroad affecting the safety of
U.S. citizens and, when their lives are endangered by such
Table 1. Selected Consular Information Program
crises, facilitating their safe and efficient evacuation. The
(CIP) Products
ongoing war between Israel and Hamas has required DOS
to scale up consular assistance to U.S. citizens in Israel, the
Product
Description
West Bank, and Gaza. Members of Congress have
Worldwide DOS’s Worldwide Caution, published on
conducted oversight of DOS’s consular response and in
Caution
travel.state.gov, is periodically updated to
some cases called on the Department to consider providing
provide U.S. citizens information on universal
additional services to facilitate the departure of U.S.
travel risks, as well as recommendations on
citizens, including U.S. government charter flights and
how to prepare for possible contingencies.
military resources. Some Members have also considered
legislation to adjust or eliminate the statutory requirement
Travel
Travel Advisories are issued for every country
that private U.S. citizens evacuated by DOS reimburse the
Advisory
and include guidance regarding country-specific
Department for a portion of the expenses associated with
security concerns. Each Travel Advisory is
their evacuation.
designated at an overall Level ranging from
Level 1 (Exercise Normal Precautions) to Level
Travel Information and the STEP
4 (Do Not Travel).
Program
Alerts
Overseas posts create alerts to notify U.S.
Section 43 of the State Department Basic Authorities Act of
(including
citizens within their jurisdiction of relevant
1956 (P.L. 84-885; 22 U.S.C. §2715, hereafter, the BAA)
Security
safety and security information, often in
requires DOS to serve as a clearinghouse of information on
Alerts)
response to significant events. Alerts pertain to
any major disaster or incident overseas affecting the health
matters such as criminal activity, terrorist
and safety of U.S. citizens. DOS carries out this
attacks, and natural disasters. Depending on the
responsibility through the Consular Information Program
nature of the risk outlined in the Alert, DOS
(CIP), which includes a range of products intended to
may label it a Security Alert, Demonstration
inform U.S. citizens worldwide of potential threats to their
Alert, Weather Alert, or Health Alert.
health or safety and the availability of consular services
(see Table 1).
Source: U.S Department of State Foreign Affairs Manual.
DOS disseminates CIP products through several means,
Overseas Evacuations
including the Bureau of Consular Affairs’ website for U.S.
Section 103 of the Omnibus Diplomatic Security and
citizens traveling abroad (http://travel.state.gov) and the
Antiterrorism Act of 1986 (P.L. 99-399; 22 U.S.C. §4802)
Smart Traveler Enrollment Program (STEP). STEP is a
requires DOS to “develop and implement policies and
digital service through which U.S. citizens traveling or
programs to provide for the safe and efficient evacuation of
living abroad can provide their contact information to
… private United States citizens when their lives are
receive CIP products applicable to any countries they
endangered.” In addition, Section 4 of the BAA (22 U.S.C.
select. STEP also helps overseas posts locate U.S. citizens
§2671) authorizes expenditures for the evacuation of
in an emergency. CIP products are further disseminated
“private United States citizens or third-country nationals, on
through the websites of relevant overseas posts, DOS’s
a reimbursable basis to the maximum extent practicable.”
social media accounts, and systems of predesignated U.S.
Private U.S. citizens are thus generally responsible for a
citizen volunteers, or “wardens,” who pass information to
portion of the cost for their evacuation. However, the BAA
other U.S. citizens. DOS has issued several CIP products in
limits the scope of repayment to “a reasonable commercial
response to the war between Israel and Hamas. For
air fare immediately prior to the events giving rise to the
example, shortly following Hamas’s initial attacks on
evacuation.”
October 7, 2023, DOS issued a Security Alert stating that
U.S. citizens in Israel, the West Bank, and Gaza were
In practice, when DOS recommends that private U.S.
“reminded to remain vigilant and take appropriate steps to
citizens leave a country, it advises them to evacuate using
increase their security awareness as security incidents,
existing commercial transportation options whenever
including mortar and rocket fire, often take place without
possible. This policy initially was reflected in a statement
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Assisting and Evacuating U.S. Citizens Abroad During the Israel-Hamas Conflict and Other International Crises
President Biden provided on October 9, 2023, amid the
eliminate BAA provisions requiring evacuated citizens to
outbreak of hostilities between Israel and Hamas, which
repay some of the costs associated with their evacuation.
said in part that, “[f]or those [U.S. citizens] who desire to
These and other issues are detailed as follows.
leave, commercial flights and ground options are still
available.” When local transportation infrastructure is
Status of U.S. Citizens in Gaza. To date, DOS has not
compromised or unavailable for use, DOS may arrange
successfully brokered an agreement with Egypt and Israel
chartered or noncommercial transportation for U.S. citizens
that would provide for the safe passage of U.S. citizens
to evacuate to a safe location.
from Gaza. This has drawn concern from such citizens and
other stakeholders. For example, one U.S. citizen reportedly
During the initial days of the conflict, some Members of
stated that DOS was treating him like a “second class
Congress expressed concern that DOS was not offering
citizen” and filed a lawsuit against the U.S. government to
sufficient travel assistance to U.S. citizens amid the limited
compel action. As the conflict continues, Congress may
availability of commercial options. On October 12, DOS
decide whether or not to call for DOS to facilitate the
announced that it would begin arranging charter flights, the
passage of U.S. citizens from Gaza and ensure they have
first of which landed in Greece on October 13. As of
access to transportation options to provide for their return to
October 20, DOS has indicated that charter flights for U.S.
the United States.
citizens would remain available through at least October 22.
The Department has also evacuated U.S. citizens by
Timeliness and Extent of U.S. Consular Support to U.S.
ferrying them from Haifa, Israel, to Cyprus. U.S. officials
Citizens in Israel. Some observers have noted concern
are continuing work on potential means for U.S. citizens to
with the timeliness and extent of DOS support to U.S.
depart Gaza. DOS advised that U.S. citizens in Gaza “may
citizens in Israel, stating that other countries evacuated their
wish to move closer to the Rafah border crossing [into
citizens before the United States. Others note that given
Egypt] – there may be very little notice if the crossing
overwhelming demand, private charter companies stepped
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 the CBSP account,
Congress bill (H.R. 8807) sought to strike this requirement
which CA then expends for consular services and other
from law. Additionally, H.R. 5102 and H.R. 6754 sought to
programs specified in law.
waive the repayment requirement with respect to
evacuations from Afghanistan and Ukraine, respectively.
Congress separately funds DOS’s overseas evacuation
flights through the Emergencies in the Diplomatic and
Funding Availability. While the number of U.S. citizens
Consular Service (EDCS) account, also known as the “K
who have recently departed Israel appears in the low
Fund.” In addition to overseas evacuations, the EDCS
thousands, estimates suggest that around 160,000 U.S.
account is used to fund other priorities, including expenses
citizens were present in Israel prior to the current conflict.
for DOS’s Rewards for Justice Program, which contributes
Should security conditions in Israel further deteriorate and
to efforts to locate and sideline international terrorists. DOS
demand for evacuations increase, Congress may confer with
is able to further fund emergency evacuations using transfer
the Department regarding funding availability to facilitate
authorities provided by Congress. For example, Congress in
evacuations. Congress could also consider whether or not to
recent DOS appropriations laws has authorized DOS to
increase funding for the EDCS account, including in a
transfer and merge funds appropriated to the Diplomatic
potential future supplemental appropriations measure, or to
Programs; Embassy Security, Construction, and
provide additional transfer authorities to DOS.
Maintenance; and EDCS accounts for evacuations.
Lebanon. On October 17, the Department adjusted its
Issues for Congress
Lebanon Travel Advisory to Level 4 (Do Not Travel) amid
In the initial days of the conflict between Israel and Hamas,
ongoing hostilities between Israel and Hizballah. Current
some Members of Congress called on DOS to directly
DOS guidance calls for U.S. citizens in Lebanon to leave
provide means of evacuation for U.S. citizens. While the
the country via commercial means. Congress may engage
Department has done so for U.S. citizens present in Israel,
with DOS to determine action DOS could take should the
U.S. citizens in Gaza have criticized what they perceive as
need emerge for evacuations of U.S. citizens.
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
IF12515
Congress have considered drafting legislation to amend or

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

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