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Title 22 — Foreign Relations and Intercourse

Chapter 38 — Department of State

§ 2671. Emergency expenditures

Statutory text

(a)

Delegation of authority pertaining to certification of expenditures

The Secretary of State is authorized to—

(1)

subject to subsection (b), make expenditures, from such amounts as may be specifically appropriated therefor, for unforeseen emergencies arising in the diplomatic and consular service and, to the extent authorized in appropriation Acts, funds expended for such purposes may be accounted for in accordance with section 3526(e) of title 31; and

(2)

delegate to subordinate officials the authority vested in him by section 3526(e) of title 31 pertaining to certification of expenditures.

(b)

Activities subject to expenditures

(1)

Expenditures described under subsection (a) shall be made only for such activities as—

(A)

serve to further the realization of foreign policy objectives;

(B)

are a matter of urgency to implement;

(C)

with respect to activities the expenditures for which are required to be certified under subsection (a), require confidentiality in the best interests of the conduct of foreign policy by the United States; and

(D)

are not otherwise prohibited by law.

(2)

Activities described in paragraph (1) include—

(A)

the evacuation when their lives are endangered by war, civil unrest, or natural disaster of—

(i)

United States Government employees and their dependents; and

(ii)

private United States citizens or third-country nationals, on a reimbursable basis to the maximum extent practicable, with such reimbursements to be credited to the applicable Department of State appropriation and to remain available until expended, except that no reimbursement under this clause shall be paid that is greater than the amount the person evacuated would have been charged for a reasonable commercial air fare immediately prior to the events giving rise to the evacuation;

(B)

loans made to destitute citizens of the United States who are outside the United States and made to provide for the return to the United States of its citizens;

(C)

visits by foreign chiefs of state or heads of government to the United States;

(D)

travel of delegations representing the President at any inauguration or funeral of a foreign dignitary;

(E)

travel of the President, the Vice President, or a Member of Congress to a foreign country, including advance arrangements, escort, and official entertainment;

(F)

travel of the Secretary of State within the United States and outside the United States, including official entertainment;

(G)

official representational functions of the Secretary of State and other principal officers of the Department of State;

(H)

official functions outside the United States the expenses for which are not otherwise covered by amounts appropriated for representation allowances;

(I)

investigations and apprehension of groups or individuals involved in fraudulent issuance of United States passports and visas; and

(J)

gifts of nominal value given by the President, Vice President, or Secretary of State to a foreign dignitary.

(c)

Annual confidential audit and report

The Inspector General of the Department of State shall conduct a periodic audit of the Department of State’s emergency expenditures and prepare and transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate an annual report indicating whether such expenditures were made in accordance with subsections (a) and (b) of this section.

(d)

Repatriation loan program

With regard to the repatriation loan program, the Secretary of State shall—

(1)

require the borrower to provide a verifiable address and social security number at the time of application;

(2)

require a written loan agreement which includes a repayment schedule;

(3)

bar passports from being issued or renewed for those individuals who are in default;

(4)

refer any loan more than one year past due to the Department of Justice for litigation;

(5)

obtain addresses from the Internal Revenue Service for all delinquent accounts which have social security numbers;

(6)

report defaults to commercial credit bureaus as provided in section 3711(e) of title 31;

(7)

be permitted to use any funds necessary to contract with commercial collection agencies, notwithstanding section 3718(c) 1 of title 31;

(8)

charge interest on all loans as of , with the rate of interest to be that set forth in section 3717(a) of title 31;

(9)

assess charges, in addition to the interest provided for in paragraph (8), to cover the costs of processing and handling delinquent claims, as of ;

(10)

assess a penalty charge, in addition to the interest provided for in paragraphs (8) and (9), of 6 per centum per year for failure to pay any portion of a debt more than ninety days past due; and

(11)

implement the interest and penalty provisions in paragraphs (8), (9), and (10) for all current and future loans, regardless of whether the debts were incurred before or after .

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 84–841 · 70 Stat. 725

    Enacted · 22 U.S.C. § 2671

    Aug. 1, 1956, ch. 841, title I, § 4, 70 Stat. 890

    Source evidence

    Code source credit
    Aug. 1, 1956, ch. 841, title I, § 4, 70 Stat. 890

  2. Department of State Authorization Act, Fiscal Years 1984 and 1985

    Pub. L. 98–164 title I § 122(a) · 97 Stat. 1017

    1. Amended · 22 U.S.C. § 2671

      Pub. L. 98–164 designated existing provisions as subsec. (a)

    2. Redesignated · 22 U.S.C. § 2671

      Pub. L. 98–164 redesignated former pars. (a) and (b) as pars. (1) and (2), respectively, in par. (1) inserted reference to subsec. (b)

    3. Added · 22 U.S.C. § 2671

      Pub. L. 98–164 added subsecs. (b) to (d)

    Source evidence

    Code amendment note
    Pub. L. 98–164 designated existing provisions as subsec. (a), redesignated former pars. (a) and (b) as pars. (1) and (2), respectively, in par. (1) inserted reference to subsec. (b), and added subsecs. (b) to (d).

    Enacted provision · exact public law section
    (a) Section 4 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671) is amended— (1) by redesignating paragraphs (a) and (b) as paragraphs (1) and (2); (2) by inserting “(a)” after “Sec. 4.”; (3) by inserting “subject to subsection (b),” before “make expenditures” in subsection (a)(1), as redesignated by paragraphs (1) and (2) of this section; and (4) by adding at the end thereof the following new subsection: “(b) (1) Expenditures described under subsection (a) shall be made only for such activities as— “(A) serve to further the realization of foreign policy objectives; “(B) are a matter of urgency to implement; “(C) with respect to activities the expenditures for which are required to be certified under subsection (a), require confidentiality in the best interests of the conduct of foreign policy by the United States; and “(D) are not otherwise prohibited by law. “(2) Activities described in paragraph (1) include— “(A) the evacuation of United States Government employees and their dependents and private United States citizens when their lives are endangered by war, civil unrest, or natural disaster; “(B) loans made to destitute citizens of the United States who are outside the United States and made to provide for the return to the United States of its citizens; “(C) visits by foreign chiefs of state or heads of government to the United States; “(D) travel of delegations representing the President at any inauguration or funeral of a foreign dignitary; “(E) travel of the President, the Vice President, or a Member of Congress to a foreign country, including advance arrangements, escort, and official entertainment; “(F) travel of the Secretary of State within the United States and outside the United States, including official entertainment; “(G) official representational functions of the Secretary of State and other principal officers of the Department of State; “(H) official functions outside the United States the expenses for which are not otherwise covered by amounts appropriated for representation allowances; “(I) investigations and apprehension of groups or individuals involved in fraudulent issuance of United States passports and visas; and “(J) gifts of nominal value given by the President, Vice President, or Secretary of State to a foreign dignitary. “(c) The Inspector General of the Department of State and the Foreign Service shall conduct an annual confidential audit of the Department of State’s emergency expenditures and prepare and transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate an annual report indicating whether such expenditures were made in accordance with subsections (a) and (b) of this section. “(d) With regard to the repatriation loan program, the Secretary of State shall— “(1) require the borrower to provide a verifiable address and social security number at the time of application; “(2) require a written loan agreement which includes a repayment schedule; “(3) bar passports from being issued or renewed for those individuals who are in default; “(4) refer any loan more than one year past due to the Department of Justice for litigation; “(5) obtain addresses from the Internal Revenue Service for all delinquent accounts which have social security numbers; “(6) report defaults to commercial credit bureaus as provided in section 3711(f) of title 31, United States Code; “(7) be permitted to use any funds necessary to contract with commercial collection agencies, notwithstanding section 3718(c) of title 31, United States Code; “(8) charge interest on all loans as of May 1, 1983, with the rate of interest to be that set forth in section 3717(a) of title 31, United States Code; “(9) assess charges, in addition to the interest provided for in paragraph (8), to cover the costs of processing and handling delinquent claims, as of May 1, 1983; “(10) assess a penalty charge, in addition to the interest provided for in paragraphs (8) and (9), of 6 per centum per year for failure to pay any portion of a debt more than ninety days past due; and “(11) implement the interest and penalty provisions in paragraphs (8), (9), and (10) for all current and future loans, regardless of whether the debts were incurred before or after May 1, 1983.”.

  3. Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 title I § 125 · 108 Stat. 382

    1. Struck · 22 U.S.C. § 2671(c)

      Pub. L. 103–236 struck out “and the Foreign Service” after “Department of State”

    2. Substituted · 22 U.S.C. § 2671(c)

      Pub. L. 103–236 substituted “a periodic” for “an annual confidential”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–236 struck out “and the Foreign Service” after “Department of State” and substituted “a periodic” for “an annual confidential”.

    Enacted provision · exact public law section
    SEC. 125. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE. Section 4 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671) is amended in subsection (c)— (1) by striking “and the Foreign Service”; and (2) by striking “an annual confidential” and inserting “a periodic”.

  4. General Accounting Office Act of 1996

    Pub. L. 104–316 title I § 115(g)(2)(D) · 110 Stat. 3826

    Substituted · 22 U.S.C. § 2671(d)(6)

    Pub. L. 104–316 substituted “section 3711(e)” for “section 3711(f)”

    Source evidence

    Code amendment note
    Subsec. (d)(6). Pub. L. 104–316 substituted “section 3711(e)” for “section 3711(f)”.

    Enacted provision · exact public law section
    (D) Section 4(d)(6) of the State Department Basic Authorities Act of 1956 (Chapter 841; 22 U. S. C. 2671(d)(6)) is amended by striking “3711(f)” and inserting “3711(e)”.

  5. An Act providing for a study regarding the equitable use of the waters of the Rio Grande below Fort Quitman, Texas, in cooperation with the United States of Mexico

    Pub. L. 107–228 div. A title II § 201 · 116 Stat. 1350

    Amended · 22 U.S.C. § 2671(b)(2)(A)

    Pub. L. 107–228 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the evacuation of United States Government employees and their dependents and private United States citizens when their lives are endangered by war, civil unrest, or natural disaster;”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 107–228 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the evacuation of United States Government employees and their dependents and private United States citizens when their lives are endangered by war, civil unrest, or natural disaster;”.

    Enacted provision · exact public law section
    SEC. 201. EMERGENCY EVACUATION SERVICES. Section 4(b)(2)(A) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671(b)(2)(A)) is amended to read as follows: “(A) the evacuation when their lives are endangered by war, civil unrest, or natural disaster of— “(i) United States Government employees and their dependents; and “(ii) private United States citizens or third-country nationals, on a reimbursable basis to the maximum extent practicable, with such reimbursements to be credited to the applicable Department of State appropriation and to remain available until expended, except that no reimbursement under this clause shall be paid that is greater than the amount the person evacuated would have been charged for a reasonable commercial air fare immediately prior to the events giving rise to the evacuation;”.

7 of 8 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Section 3718(c) of title 31, referred to in subsec. (d)(7), was renumbered section 3718(e) of title 31 by Pub. L. 99–578, § 1(1), , 100 Stat. 3305.

Codification

In subsec. (a), “section 3526(e) of title 31” substituted for “section 291 of the Revised Statutes (31 U.S.C. 107)” on authority of Pub. L. 97–258, § 4(b), , 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Section was formerly classified to section 170i of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, , 80 Stat. 378.

Amendments1983–2002 · 4 rounds

2002

Subsec. (b)(2)(A). Pub. L. 107–228 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the evacuation of United States Government employees and their dependents and private United States citizens when their lives are endangered by war, civil unrest, or natural disaster;”.

1996

Subsec. (d)(6). Pub. L. 104–316 substituted “section 3711(e)” for “section 3711(f)”.

1994

Subsec. (c). Pub. L. 103–236 struck out “and the Foreign Service” after “Department of State” and substituted “a periodic” for “an annual confidential”.

1983

Pub. L. 98–164 designated existing provisions as subsec. (a), redesignated former pars. (a) and (b) as pars. (1) and (2), respectively, in par. (1) inserted reference to subsec. (b), and added subsecs. (b) to (d).

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective , of provisions in subsec. (c) of this section relating to transmitting an annual report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 131 of House Document No. 103–7.

Credits

1956–2002 · 6 acts
  1. 1956Aug. 1, 1956, ch. 841, title I, § 4, 70 Stat. 890
  2. 1982renumbered title I, Pub. L. 97–241, title II, § 202(a), , 96 Stat. 282
  3. 1983Pub. L. 98–164, title I, § 122(a), , 97 Stat. 1023
  4. 1994Pub. L. 103–236, title I, § 125, , 108 Stat. 393
  5. 1996Pub. L. 104–316, title I, § 115(g)(2)(D), , 110 Stat. 3835
  6. 2002Pub. L. 107–228, div. A, title II, § 201, , 116 Stat. 1361.
Show as published

(Aug. 1, 1956, ch. 841, title I, § 4, 70 Stat. 890; renumbered title I, Pub. L. 97–241, title II, § 202(a), , 96 Stat. 282; Pub. L. 98–164, title I, § 122(a), , 97 Stat. 1023; Pub. L. 103–236, title I, § 125, , 108 Stat. 393; Pub. L. 104–316, title I, § 115(g)(2)(D), , 110 Stat. 3835; Pub. L. 107–228, div. A, title II, § 201, , 116 Stat. 1361.)

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