§ 4081. — Travel and related expenses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4081]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER IX--TRAVEL, LEAVE, AND OTHER BENEFITS
Sec. 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;
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 unbroken by home leave and of 2 round trips
during any continuous 3-year tour unbroken by home leave;
(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 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\
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(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) 1 round-trip per year for each child below age 21 of a
member of the Service assigned abroad--
(A) 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; or
(B) 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,
except that a payment 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, Sec. 901, Oct. 17, 1980, 94 Stat. 2124; Pub.
L. 101-246, title I, Sec. 148, Feb. 16, 1990, 104 Stat. 38; Pub. L. 102-
138, title I, Secs. 145, 146, Oct. 28, 1991, 105 Stat. 668, 669; Pub. L.
107-228, div. A, title III, Secs. 315(a), 328, Sept. 30, 2002, 116 Stat.
1379, 1387.)
Amendment of Paragraph (8)
Pub. L. 107-228, div. A, title III, Sec. 315(a), (c), Sept. 30,
2002, 116 Stat. 1379, provided that, effective on the date on which
guidance for implementation of this amendment is issued by the
Secretary of State, par. (8) of this section is amended by striking
``Service'' and inserting ``Service, and members of his or her
family,''.
Amendments
2002--Par. (15). Pub. L. 107-228, Sec. 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, Sec. 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, Sec. 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, Sec. 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;''.
Effective Date of 2002 Amendment
Pub. L. 107-228, div. A, title III, Sec. 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.''
[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, Sec. 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.]
Section Referred to in Other Sections
This section is referred to in title 2 section 143a; title 10
sections 1599b, 1605; title 28 section 530A; title 37 section 431; title
38 section 707.
