SUBCHAPTER IX—TRAVEL, LEAVE, AND OTHER BENEFITS

§4081. Travel and related expenses

The Secretary may pay the travel and related expenses of members of the Service and their families, including costs or expenses incurred for—

(1) proceeding to and returning from assigned posts of duty;

(2) authorized or required home leave;

(3) family members to accompany, precede, or follow a member of the Service to a place of temporary duty;

(4) representational travel within the country to which the member of the Service is assigned or, when not more than one family member participates, outside such country;

(5) obtaining necessary medical care for an illness, injury, or medical condition while abroad in a locality where there is no suitable person or facility to provide such care (without regard to those laws and regulations limiting or restricting the furnishing or payment of transportation and traveling expenses), as well as expenses for—

(A) an attendant or attendants for a member of the Service or a family member who is too ill to travel unattended or for a family member who is too young to travel alone, and

(B) a family member incapable of caring for himself or herself if he or she remained at the post at which the member of the Service is serving;

(6) rest and recuperation travel of members of the Service who are United States citizens, and members of their families, while serving at locations abroad specifically designated by the Secretary for purposes of this paragraph, to—

(A) other locations abroad having different social, climatic, or other environmental conditions than those at the post at which the member of the Service is serving, or

(B) locations in the United States or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands;

except that, unless the Secretary otherwise specifies in extraordinary circumstances, travel expenses under this paragraph shall be limited to the cost for a member of the Service, and for each member of the family of the member, of 1 round trip during any continuous 2-year tour and of 2 round trips during any continuous 3-year tour;

(7) removal of the family members of a member of the Service, and the furniture and household and personal effects (including automobiles) of the family, from a Foreign Service post where there is imminent danger because of the prevalence of disturbed conditions, and the return of such individuals, furniture, and effects to such post upon the cessation of such conditions, or to such other Foreign Service post as may in the meantime have become the post to which the member of the Service has been reassigned;

(8) trips by a member of the Service, and members of his or her family, for purposes of family visitation in situations where the family of the member is prevented by official order from accompanying the member to, or has been ordered from, the assigned post of the member because of imminent danger due to the prevalence of disturbed conditions, except that—

(A) with respect to any such member whose family is located in the United States, the Secretary may pay the costs and expenses for not to exceed two round trips in a 12-month period; and

(B) with respect to any such member whose family is located abroad, the Secretary may pay such costs and expenses for trips in a 12-month period as do not exceed the cost of 2 round trips (at less than first class) to the District of Columbia;

(9) roundtrip travel to or from an employee's post of assignment for purposes of family visitation in emergency situations involving personal hardship, except that payment for travel by family members to an employee's post of assignment may be authorized under this paragraph only where the family of the member is prevented by official order from residing at such post.¹

(10) preparing and transporting to the designated home in the United States or to a place not more distant, the remains of a member of the Service, or of a family member of a member of the Service, who dies abroad or while in travel status or, if death occurs in the United States, transport of the remains to the designated home in the United States or to a place not more distant;

(11) transporting the furniture and household and personal effects of a member of the Service (and of his or her family) to successive posts of duty and, on separation of a member from the Service, to the place where the member will reside (or if the member has died, to the place where his or her family will reside);

(12) packing and unpacking, transporting to and from a place of storage, and storing the furniture and household and personal effects of a member of the Service (and of his or her family)—

(A) when the member is absent from his or her post of assignment under orders or is assigned to a Foreign Service post to which such furniture and household and personal effects cannot be taken or at which they cannot be used, or when it is in the public interest or more economical to authorize storage;

(B) in connection with an assignment of the member to a new post, except that costs and expenses may be paid under this subparagraph only for the period beginning on the date of departure from his or her last post or (in the case of a new member) on the date of departure from the place of residence of the member and ending on the earlier of the date which is 3 months after arrival of the member at the new post or the date on which the member establishes residence quarters, except that in extraordinary circumstances the Secretary may extend this period for not more than an additional 90 days; and

(C) in connection with separation of the member from the Service, except that costs or expenses may not be paid under this subparagraph for storing furniture and household and personal effects for more than 3 months, except that in extraordinary circumstances the Secretary may extend this period for not more than an additional 90 days;

(13) transporting, for or on behalf of a member of the Service, a privately owned motor vehicle in any case in which the Secretary determines that water, rail, or air transportation of the motor vehicle is necessary or expedient for all or any part of the distance between points of origin and destination, but transportation may be provided under this paragraph for only one motor vehicle of a member during any 48-month period while the member is continuously serving abroad, except that another motor vehicle may be so transported as a replacement for such motor vehicle if such replacement—

(A) is determined, in advance, by the Secretary to be necessary for reasons beyond the control of the member and in the interest of the Government, or

(B) is incident to a reassignment when the cost of transporting the replacement motor vehicle does not exceed the cost of transporting the motor vehicle that is replaced;

(14) the travel and relocation of members of the Service, and members of their families, assigned to or within the United States (or any territory or possession of the United States or the Commonwealth of Puerto Rico), including assignments under subchapter VI of chapter 33 of title 5 (notwithstanding section 3375(a) of such title, if an agreement similar to that required by section 3375(b) of such title is executed by the member of the Service); and

(15) in the case of one or more children below age 21 of a member of the Service assigned abroad, 1 round-trip per year—

(A) for each child to visit the member abroad if the child does not regularly reside with the member and the member is not receiving an education allowance or educational travel allowance for the child under section 5924(4) of title 5,

(B) for each child to visit the other parent of the child if the other parent resides in a country other than the country to which the member is assigned and the child regularly resides with the member and does not regularly attend school in the country in which the other parent resides, or

(C) for one of the child's parents to visit the child or children abroad if the child or children do not regularly reside with that parent and that parent is not receiving an education allowance or educational travel allowance for the child or children under section 5924(4) of title 5,

except that the cost of round-trip travel under this paragraph may not exceed the cost of round-trip travel between the post to which the member is assigned and the residence of the other parent, or between the post to which the member is assigned and the residence of the child if the child does not reside with a parent.

(Pub. L. 96–465, title I, §901, Oct. 17, 1980, 94 Stat. 2124; Pub. L. 101–246, title I, §148, Feb. 16, 1990, 104 Stat. 38; Pub. L. 102–138, title I, §§145, 146, Oct. 28, 1991, 105 Stat. 668, 669; Pub. L. 107–228, div. A, title III, §§315(a), 328, Sept. 30, 2002, 116 Stat. 1379, 1387; Pub. L. 109–234, title I, §1602(d)(1), June 15, 2006, 120 Stat. 442; Pub. L. 110–321, §2(1), Sept. 19, 2008, 122 Stat. 3535; Pub. L. 117–81, div. E, title LIII, §5304, Dec. 27, 2021, 135 Stat. 2361.)

Editorial Notes

Amendments

2021—Par. (15). Pub. L. 117–81, §5304(1), in introductory provisions, substituted "in the case of one or more children below age 21 of a member of the Service assigned abroad, 1 round-trip per year" for "1 round-trip per year for each child below age 21 of a member of the Service assigned abroad".

Pub. L. 117–81, §5304(5), in concluding provisions, substituted "the cost of round-trip travel" for "a payment".

Par. (15)(A) to (C). Pub. L. 117–81, §5304(2)–(4), inserted "for each child" at beginning of subpars. (A) and (B) and added subpar. (C).

2008—Par. (6)(B). Pub. L. 110–321 inserted "or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands" after "United States".

2006—Par. (6). Pub. L. 109–234, which directed amendment of section 901(6) of the Foreign Service Act by striking out "unbroken by home leave" wherever appearing, was executed by striking out those words after "2-year tour" and "3-year tour" in concluding provisions of par. (6) of this section, which is section 901 of the Foreign Service Act of 1980, to reflect the probable intent of Congress.

2002—Par. (8). Pub. L. 107–228, §315(a), substituted "Service, and members of his or her family," for "Service".

Par. (15). Pub. L. 107–228, §328, in concluding provisions, substituted "residence of the other parent, or between the post to which the member is assigned and the residence of the child if the child does not reside with a parent" for "port of entry in the contiguous 48 States which is nearest to that post".

1991—Par. (10). Pub. L. 102–138, §146, inserted before semicolon "or, if death occurs in the United States, transport of the remains to the designated home in the United States or to a place not more distant".

Par. (12)(B). Pub. L. 102–138, §145(1), inserted before semicolon ", except that in extraordinary circumstances the Secretary may extend this period for not more than an additional 90 days".

Par. (12)(C). Pub. L. 102–138, §145(2), inserted before semicolon ", except that in extraordinary circumstances the Secretary may extend this period for not more than an additional 90 days".

1990—Par. (9). Pub. L. 101–246 amended par. (9) generally. Prior to amendment, par. (9) read as follows: "round-trip travel from a location abroad for purposes of family visitation in emergency situations involving personal hardship;".

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–228, div. A, title III, §315(c), Sept. 30, 2002, 116 Stat. 1379, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the date on which guidance for implementation of such amendment is issued by the Secretary." [Guidance in the form of a State Department cable was issued Nov. 5, 2002.]

[For definition of "Secretary" as used in section 315(c) of Pub. L. 107–228, set out above, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of this title.]

Promulgation of Guidance

Pub. L. 107–228, div. A, title III, §315(b), Sept. 30, 2002, 116 Stat. 1379, provided that: "The Secretary shall promulgate guidance for the implementation of the amendment made by subsection (a) [amending this section] to ensure its implementation in a manner which does not substantially increase the total amount of travel expenses paid or reimbursed by the Department for travel under section 901 of the Foreign Service Act of 1980 (22 U.S.C. 4081)."

[For definitions of "Secretary" and "Department" as used in section 315(b) of Pub. L. 107–228, set out above, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of this title.]

¹ So in original. The period probably should be a semicolon.

§4081a. Exception for Government-financed air transportation; reducing hardship for transportation of domestic animals

(1) In general

Notwithstanding subsections (a) and (c) of section 40118 of title 49, the Department is authorized to pay for the transportation by a foreign air carrier of Department personnel and any in-cabin or accompanying checked baggage or cargo if—

(A) no air carrier holding a certificate under section 41102 of such title is willing and able to transport up to 3 domestic animals accompanying such Federal personnel; and

(B) the transportation is from a place—

(i) outside the United States to a place in the United States;

(ii) in the United States to a place outside the United States; or

(iii) outside the United States to another place outside the United States.

(2) Limitation

An amount paid pursuant to paragraph (1) for transportation by a foreign carrier may not be greater than the amount that would otherwise have been paid had the transportation been on an air carrier holding a certificate under section 41102 had that carrier been willing and able to provide such transportation. If the amount that would otherwise have been paid to such an air carrier is less than the cost of transportation on the applicable foreign carrier, the Department personnel may pay the difference of such amount.

(3) Domestic animal defined

In this subsection, the term "domestic animal" means a dog or a cat.

(Pub. L. 118–31, div. F, title LXII, §6224(a), Dec. 22, 2023, 137 Stat. 979.)

Editorial Notes

References in Text

This subsection, referred to in par. (3), means subsec. (a) of section 6224 of Pub. L. 118–31, which is classified to this section.

Codification

Section was enacted as part of the Department of State Authorization Act of 2023, and also as part of the National Defense Authorization Act for Fiscal Year 2024, and not as part of the Foreign Service Act of 1980 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definition

For definition of "Department" as used in this section, see section 6002 of Pub. L. 118–31, set out as a note under section 2651 of this title.

§4082. Loan of household effects

The Secretary may, as a means of eliminating transportation costs, provide members of the Service with basic household furnishing and equipment for use on a loan basis in personally owned or leased residences.

(Pub. L. 96–465, title I, §902, Oct. 17, 1980, 94 Stat. 2127.)

§4083. Required leave

(a) Criteria; length of continuous service

The Secretary may order a member of the Service (other than a member employed under section 3951 of this title) who is a citizen of the United States to take a leave of absence under section 6305 of title 5 (without regard to the introductory clause of subsection (a) of that section), upon completion by that member of 12 months of continuous service abroad. The Secretary shall order on such a leave of absence a member of the Service (other than a member employed under section 3951 of this title) who is a citizen of the United States as soon as possible after completion by that member of 3 years of continuous service abroad.

(b) Place leave may be taken

Leave ordered under this section may be taken in the United States or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. In cases in which a member of the Service has official orders to an unaccompanied post and in which the family members of the member reside apart from the member at authorized locations outside the United States, the member may take the leave ordered under this section where that member's family members reside, notwithstanding section 10305 of title 5.

(c) Availability for work or duties in Department

While on a leave of absence ordered under this section, the services of any member of the Service shall be available for such work or duties in the Department or elsewhere as the Secretary may prescribe, but the time of such work or duties shall not be counted as leave.

(Pub. L. 96–465, title I, §903, Oct. 17, 1980, 94 Stat. 2127; Pub. L. 103–236, title I, §180(a)(8), Apr. 30, 1994, 108 Stat. 416; Pub. L. 109–234, title I, §1602(d)(2), June 15, 2006, 120 Stat. 442; Pub. L. 110–321, §2(2), Sept. 19, 2008, 122 Stat. 3535; Pub. L. 117–81, div. E, title LIII, §5305, Dec. 27, 2021, 135 Stat. 2362.)

Editorial Notes

Amendments

2021—Subsec. (b). Pub. L. 117–81 inserted at end "In cases in which a member of the Service has official orders to an unaccompanied post and in which the family members of the member reside apart from the member at authorized locations outside the United States, the member may take the leave ordered under this section where that member's family members reside, notwithstanding section 10305 of title 5."

2008—Subsec. (b). Pub. L. 110–321 substituted "or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands" for ", its territories and possessions, or the Commonwealth of Puerto Rico".

2006—Subsec. (a). Pub. L. 109–234, which directed substitution of "12 months" for "18 months" in section 903(a) of the Foreign Service Act, was executed to subsec. (a) of this section, which is section 903 of the Foreign Service Act of 1980, to reflect the probable intent of Congress.

1994—Subsec. (a). Pub. L. 103–236 inserted "(other than a member employed under section 3951 of this title)" after "member of the Service" in two places.

§4084. Health care program

(a) Establishment

The Secretary of State shall establish a health care program to promote and maintain the physical and mental health of members of the Service, and (when incident to service abroad) other designated eligible Government employees, and members of the families of such members and employees.

(b) Services provided

Any such health care program may include (1) medical examinations for applicants for employment, (2) medical examinations and inoculations or vaccinations, and other preventive and remedial care and services as necessary, for members of the Service and employees of the Department who are citizens of the United States and for members of their families, (3) health education and disease prevention programs for all employees, and (4) examinations necessary in order to establish disability or incapacity of participants in the Foreign Service Retirement and Disability System or Foreign Service Pension System or to provide survivor benefits under subchapter VIII.

(c) Facilities; employment of personnel

The Secretary of State may establish health care facilities and provide for the services of physicians, nurses, or other health care personnel at Foreign Service posts abroad at which, in the opinion of the Secretary of State, a sufficient number of Government employees are assigned to warrant such facilities or services.

(d) Costs of treatment

If an individual eligible for health care under this section incurs an illness, injury, or medical condition which requires treatment while assigned to a post abroad or located overseas pursuant to Government authorization, the Secretary may pay the cost of such treatment.

(e) Death or separation of member

Health care may be provided under this section to a member of the Service or other designated eligible Government employee after the separation of such member or employee from Government service. Health care may be provided under this section to a member of the family of a member of the Service or of a designated eligible Government employee after the separation from Government service or the death of such member of the Service or employee or after dissolution of the marriage.

(f) Review; medical care contracts

The Secretary of State shall review on a continuing basis the health care program provided for in this section. Whenever the Secretary of State determines that all or any part of such program can be provided for as well and as cheaply in other ways, the Secretary may, for such individuals, locations, and conditions as the Secretary of State deems appropriate, contract for health care pursuant to such arrangements as the Secretary deems appropriate.

(g) Retention of medical reimbursements

Reimbursements paid to the Department of State for funding the costs of medical care abroad for employees and eligible family members shall be credited to the currently available applicable appropriation account. Such reimbursements shall be available for obligation and expenditure during the fiscal year in which they are received or for such longer period of time as may be provided in law.

(Pub. L. 96–465, title I, §904, Oct. 17, 1980, 94 Stat. 2127; Pub. L. 99–93, title I, §122, Aug. 16, 1985, 99 Stat. 413; Pub. L. 100–238, title II, §243, Jan. 8, 1988, 101 Stat. 1776; Pub. L. 107–228, div. A, title III, §316, Sept. 30, 2002, 116 Stat. 1379; Pub. L. 109–140, §2, Dec. 22, 2005, 119 Stat. 2650.)

Editorial Notes

Amendments

2005—Subsec. (g). Pub. L. 109–140 added subsec. (g).

2002—Subsec. (b). Pub. L. 107–228 substituted "families, (3) health education and disease prevention programs for all employees, and (4)" for "families, and (3)".

1988—Subsec. (b). Pub. L. 100–238 inserted "or Foreign Service Pension System" after "System".

1985—Subsec. (a). Pub. L. 99–93, §122(1), substituted "shall" for "may".

Subsec. (b). Pub. L. 99–93, §122(2), inserted ", and other preventive and remedial care and services as necessary,".

Subsec. (d). Pub. L. 99–93, §122(3), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "If an individual eligible for health care under this section incurs an illness, injury, or medical condition while abroad which requires hospitalization or similar treatment, the Secretary may pay all or part of the cost of such treatment. Limitations on such payments established by regulation may be waived whenever the Secretary determines that the illness, injury, or medical condition clearly was caused or materially aggravated by the fact that the individual concerned is or has been located abroad."

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–238 effective 90 days after Jan. 8, 1988, see section 261(a) of Pub. L. 100–238, set out as a note under section 4054 of this title.

Improving Mental Health Services for Foreign and Civil Servants

Pub. L. 118–31, div. F, title LXII, §6222(a), Dec. 22, 2023, 137 Stat. 978, provided that:

"(a) Additional Personnel to Address Mental Health.—

"(1) In general.—The Secretary [of State] shall seek to increase the number of personnel within the Bureau of Medical Services to address mental health needs for both foreign and civil servants.

"(2) Employment targets.—Not later than 180 days after the date of the enactment of this division [Dec. 22, 2023], the Secretary shall seek to employ not fewer than 10 additional personnel in the Bureau of Medical Services, compared to the number of personnel employed as of the date of the enactment of this division."

Coronavirus Pandemic Response

Pub. L. 116–136, div. B, title XI, §21010, Mar. 27, 2020, 134 Stat. 592, provided that: "The Department of State and the United States Agency for International Development are authorized to enter into contracts with individuals for the provision of personal services (as described in section 104 of part 37 of title 48, Code of Federal Regulations and including pursuant to section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084)) to prevent, prepare for, and respond to coronavirus, within the United States and abroad, subject to prior consultation with, and the notification procedures of, the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives: Provided, That such individuals may not be deemed employees of the United States for the purpose of any law administered by the Office of Personnel Management: Provided further, That not later than 15 days after utilizing this authority, the Secretary of State shall provide a report to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives on the overall staffing needs for the Office of Medical Services: Provided further, That the authority made available pursuant to this section shall expire on September 30, 2022."

[For definition of "coronavirus" as used in section 21010 of Pub. L. 116–136, set out above, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of Title 2, The Congress.]

§4085. Entertainment and representation expenses

Notwithstanding section 5536 of title 5, the Secretary may provide for official receptions and may pay entertainment and representational expenses (including expenses of family members) to enable the Department and the Service to provide for the proper representation of the United States and its interests. In carrying out this section, the Secretary shall, to the maximum extent practicable, provide for the use of United States products, including American wine.

(Pub. L. 96–465, title I, §905, Oct. 17, 1980, 94 Stat. 2128.)

§4086. Entitlement to vote in a State in a Federal election; preconditions; applicability

(a) Except as provided in subsection (b) and in such manner as shall be otherwise authorized by a State or other jurisdiction within the territory of the United States, a member of the Service residing outside the United States shall, in addition to any entitlement to vote in a State in a Federal election under section 3 of the Overseas Citizens Voting Rights Act (42 U.S.C. 1973dd–1), be entitled to vote in a Federal election in the State in which such member was last domiciled immediately before entering the Service if such member—

(1) makes an election of that State;

(2) notifies that State of such election and notifies any other States in which he or she is entitled to vote of such election; and

(3) otherwise meets the requirements of such Act [42 U.S.C. 1973dd et seq.].

(b) The provisions of subsection (a) shall apply only to an individual who becomes a member of the Service on or after November 22, 1983, and shall not apply to an individual who registers to vote in a State in which he is entitled to vote under section 3 of Overseas Citizens Voting Rights Act [42 U.S.C. 1973dd–1].

(Pub. L. 96–465, title I, §906, as added Pub. L. 98–164, title I, §129(a), Nov. 22, 1983, 97 Stat. 1027.)

Editorial Notes

References in Text

The Overseas Citizens Voting Rights Act, referred to in text, probably means the Overseas Citizens Voting Rights Act of 1975, Pub. L. 94–203, Jan. 2, 1976, 89 Stat. 1142, which was classified generally to subchapter I–E (§1973dd et seq.) of chapter 20 of Title 42, The Public Health and Welfare, and which was repealed by Pub. L. 99–410, title II, §203, Aug. 28, 1986, 100 Stat. 930.

§4087. Termination of residential or motor vehicle leases and telephone service contracts

The terms governing the termination of residential or motor vehicle leases and telephone service contracts described in sections 305 and 305A, respectively, of the Servicemembers Civil Relief Act (50 U.S.C. 3955 and 3956) with respect to servicemembers who receive military orders described in such Act [50 U.S.C. 3901 et seq.] shall apply in the same manner and to the same extent to members of the Service who are posted abroad at a Foreign Service post in accordance with this chapter.

(Pub. L. 96–465, title I, §907, as added Pub. L. 117–81, div. F, title LXII, §6207(a), Dec. 27, 2021, 135 Stat. 2392.)

Editorial Notes

References in Text

The Servicemembers Civil Relief Act, referred to in text, is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, which is classified generally to chapter 50 (§3901 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see section 3901 of Title 50 and Tables.

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, known as the Foreign Service Act of 1980, which is classified principally to this chapter (§3901 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.

§4088. Education allowance

A Department employee who is on leave to perform service in the uniformed services (as defined in section 4303(13) of title 38) may receive an education allowance if the employee would, if not for such service, be eligible to receive the education allowance.

(Pub. L. 96–465, title I, §908, as added Pub. L. 118–31, div. F, title LXII, §6221(a), Dec. 22, 2023, 137 Stat. 978.)