§ 2671. — Emergency expenditures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2671]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38--DEPARTMENT OF STATE
Sec. 2671. Emergency expenditures
(a) Delegation of authority pertaining to certification of expenditures
The Secretary of State is authorized to--
(1) subject to subsection (b) of this section, 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) of this section
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) of this section,
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;
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\1\ See References in Text note below.
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(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;
(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.
(Aug. 1, 1956, ch. 841, title I, Sec. 4, 70 Stat. 890; renumbered title
I, Pub. L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96 Stat. 282;
Pub. L. 98-164, title I, Sec. 122(a), Nov. 22, 1983, 97 Stat. 1023; Pub.
L. 103-236, title I, Sec. 125, Apr. 30, 1994, 108 Stat. 393; Pub. L.
104-316, title I, Sec. 115(g)(2)(D), Oct. 19, 1996, 110 Stat. 3835; Pub.
L. 107-228, div. A, title II, Sec. 201, Sept. 30, 2002, 116 Stat. 1361.)
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, Sec. 1(1),
Oct. 28, 1986, 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, Sec. 4(b), Sept. 13, 1982, 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, Sec. 1, Sept. 6, 1966, 80 Stat. 378.
Amendments
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).
Termination of Reporting Requirements
For termination, effective May 15, 2000, 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.
