22 U.S.C. § 4081

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 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.

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

22 U.S.C. § 4081

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, Oct. 28, 1991, 146, Oct. 28, 1991, 105 Stat. 668, 669; Pub. L. 107-228, div. A, title III, §§315(a), Sept. 30, 2002, 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, §53045304,, 135 Stat. 2361.

EDITORIAL NOTES

AMENDMENTS2021-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.]

Government

"Government" means the Government of the United States;

abroad

"abroad" means all areas not included within the United States;