22 U.S.C. § 2715b — Notification of next of kin; reports of

Page 1153 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2715b cer’’ includes any United States citizen em- ployee of the Department of State who is des- ignated by the Secretary of State to perform consular services pursuant to such regulations as the Secretary may prescribe. (Aug. 1, 1956, ch. 841, title I, § 43, as added Pub. L. 101–246, title I, § 115(c)(2), Feb. 16, 1990, 104 Stat. 23; amended Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 235], Nov. 29, 1999, 113 Stat. 1536, 1501A–429.) Editorial Notes PRIOR PROVISIONS A prior section 43 of act Aug. 1, 1956, was renumbered section 44 by section 115(c)(1) of Pub. L. 101–246, and subsequently renumbered, and set out as a Short Title of 1956 Amendment note under section 2651 of this title, prior to repeal by Pub. L. 102–138, title I, § 111(1), Oct. 28, 1991, 105 Stat. 654. AMENDMENTS 1999—Pub. L. 106–113 designated existing provisions as subsec. (a), inserted subsec. heading, substituted ‘‘dis- position of personal estates pursuant to section 2715c of this title’’ for ‘‘disposition of personal effects’’, and added subsec. (b). Statutory Notes and Related Subsidiaries DEVELOPMENT OF STANDARDIZED PROCEDURES Pub. L. 101–246, title I, § 115(d), Feb. 16, 1990, 104 Stat. 23, provided that: ‘‘(1) The Secretary of State shall enter into discus- sions with international air carriers and other appro- priate entities to develop standardized procedures which will assist the Secretary in implementing the provisions of section 43 of the State Department Basic Authorities Act of 1956, as amended by subsection (c) [22 U.S.C. 2715]. ‘‘(2) The Secretary of State shall consider the feasi- bility of establishing a toll-free telephone number to facilitate inquiries by the next-of-kin in cases of major disasters or incidents abroad which affect the health and safety of citizens of the United States residing or traveling abroad.’’ § 2715a. Provision of information on certain vio- lent crimes abroad to victims and victims’ families (a) Sense of Congress It is the sense of Congress that— (1) it is in the national interests of the United States to provide information regard- ing the killing, abduction, torture, or other se- rious mistreatment of United States citizens abroad to the victims of such crimes, or the families of victims of such crimes if they are United States citizens; and (2) the provision of such information is suffi- ciently important that the discharge of the re- sponsibility for identifying and disseminating such information should be vested in a cabi- net-level officer of the United States Govern- ment. (b) Responsibility The Secretary of State shall take appropriate actions to ensure that the United States Gov- ernment takes all appropriate actions to— (1) identify promptly information (including classified information) in the possession of the departments and agencies of the United States Government regarding the killing, abduction, torture, or other serious mistreatment of United States citizens abroad; and (2) subject to subsection (c), promptly make such information available to— (A) the victims of such crimes; or (B) when appropriate, the family members of the victims of such crimes if such family members are United States citizens. (c) Limitations The Secretary shall work with the heads of ap- propriate departments and agencies of the United States Government in order to ensure that information relevant to a crime covered by subsection (b) is promptly reviewed and, to the maximum extent practicable, without jeopard- izing sensitive sources and methods or other vital national security interests, or without jeopardizing an on-going criminal investigation or proceeding, made available under that sub- section unless such disclosure is specifically pro- hibited by law. (Pub. L. 105–107, title III, § 307, Nov. 20, 1997, 111 Stat. 2252.) § 2715b. Notification of next of kin; reports of death (a) In general Whenever a United States citizen or national dies abroad, a consular officer shall endeavor to notify, or assist the Secretary of State in noti- fying, the next of kin or legal guardian as soon as possible, except that, in the case of death of any Peace Corps volunteer (within the meaning of section 2504(a) of this title), any member of the Armed Forces, any dependent of such a vol- unteer or member, or any Department of De- fense employee, the consular officer shall assist the Peace Corps or the appropriate military au- thorities, as the case may be, in making such notifications. (b) Reports of death or presumptive death The consular officer may, for any United States citizen who dies abroad— (1) in the case of a finding of death by the appropriate local authorities, issue a report of death or of presumptive death; or (2) in the absence of a finding of death by the appropriate local authorities, issue a report of presumptive death. (c) Implementing regulations The Secretary of State shall prescribe such regulations as may be necessary to carry out this section. (Aug. 1, 1956, ch. 841, title I, § 43A, as added Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 234(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–426.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 234(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–429, provided that: ‘‘The repeal and amendment made by this section [enacting this section and section 2715c of this title and repealing section 4195 of this title] shall take effect six months after the date of enactment of this Act [Nov. 29, 1999].’’ Page 1154 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2715c ADMINISTRATIVE ASSISTANCE IN ARRANGEMENTS FOLLOWING DEATH OF UNITED STATES CITIZEN ABROAD Pub. L. 95–426, title I, § 121, Oct. 7, 1978, 92 Stat. 970, as amended by Pub. L. 97–241, title V, § 505(a)(2), (b)(1), Aug. 24, 1982, 96 Stat. 299, provided that: ‘‘The Congress finds that the Department of State should, in the per- formance of its consular duties, render all reasonable administrative assistance to a United States citizen who is making necessary arrangements following the death of another United States citizen abroad.’’ § 2715c. Conservation and disposition of estates (a) Conservation of estates abroad (1) Authority to act as conservator Whenever a United States citizen or na- tional dies abroad, a consular officer shall act as the provisional conservator of the portion of the decedent’s estate located abroad and, subject to paragraphs (3), (4), and (5), shall— (A) take possession of the personal effects of the decedent within his jurisdiction; (B) inventory and appraise the personal ef- fects of the decedent, sign the inventory, and annex thereto a certificate as to the accu- racy of the inventory and appraised value of each article; (C) when appropriate in the exercise of prudent administration, collect the debts due to the decedent in the officer’s jurisdic- tion and pay from the estate the obligations owed by the decedent; (D) sell or dispose of, as appropriate, in the exercise of prudent administration, all per- ishable items of property; (E) sell, after reasonable public notice and notice to such next of kin as can be ascertained with reasonable diligence, such additional items of property as necessary to provide funds sufficient to pay the dece- dent’s debts and property taxes in the coun- try of death, funeral expenses, and other ex- penses incident to the disposition of the es- tate; (F) upon the expiration of the one-year pe- riod beginning on the date of death (or after such additional period as may be required for final settlement of the estate), if no claimant shall have appeared, after reason- able public notice and notice to such next of kin as can be ascertained with reasonable diligence, sell or dispose of the residue of the personal estate, except as provided in sub- paragraph (G), in the same manner as United States Government-owned foreign excess property; (G) transmit to the custody of the Sec- retary of State in Washington, D.C. the pro- ceeds of any sales, together with all finan- cial instruments (including bonds, shares of stock, and notes of indebtedness), jewelry, heirlooms, and other articles of obvious sen- timental value, to be held in trust for the legal claimant; and (H) in the event that the decedent’s estate includes an interest in real property located within the jurisdiction of the officer and such interest does not devolve by the appli- cable laws of intestate succession or other- wise, provide for title to the property to be conveyed to the Government of the United States unless the Secretary declines to ac- cept such conveyance. (2) Authority to act as administrator Subject to paragraphs (3) and (4), a consular officer may act as administrator of an estate in exceptional circumstances if expressly au- thorized to do so by the Secretary of State. (3) Exceptions The responsibilities described in paragraphs (1) and (2) may not be performed to the extent that the decedent has left or there is otherwise appointed, in the country where the death oc- curred or where the decedent was domiciled, a legal representative, partner in trade, or trustee appointed to take care of his personal estate. If the decedent’s legal representative shall appear at any time prior to transmission of the estate to the Secretary and demand the proceeds and effects being held by the consular officer, the officer shall deliver them to the representative after having collected any pre- scribed fee for the services performed under this section. (4) Additional requirement In addition to being subject to the limita- tions in paragraph (3), the responsibilities de- scribed in paragraphs (1) and (2) may not be performed unless— (A) authorized by treaty provisions or per- mitted by the laws or authorities of the country wherein the death occurs, or the de- cedent is domiciled; or (B) permitted by established usage in that country. (5) Statutory construction Nothing in this section supersedes or other- wise affects the authority of any military commander under title 10 with respect to the person or property of any decedent who died while under a military command or jurisdic- tion or the authority of the Peace Corps with respect to a Peace Corps volunteer or the vol- unteer’s property. (b) Disposition of estates by the Secretary of State (1) Personal estates (A) In general After receipt of a personal estate pursuant to subsection (a), the Secretary may seek payment of all outstanding debts to the es- tate as they become due, may receive any balances due on such estate, may endorse all checks, bills of exchange, promissory notes, and other instruments of indebtedness pay- able to the estate for the benefit thereof, and may take such other action as is reason- ably necessary for the conservation of the estate. (B) Disposition as surplus United States property If, upon the expiration of a period of 5 fis- cal years beginning on October 1 after a con- sular officer takes possession of a personal estate under subsection (a), no legal claim- ant for such estate has appeared, title to the estate shall be conveyed to the United States, the property in the estate shall be under the custody of the Department of State, and the Secretary shall dispose of the