USC Subchapter IX

in effect

22 U.S.C. § 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.11 So in original. The period probably should be a semicolon. (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.

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

(1) In generalNotwithstanding subsections (a) and (c) of section 40118 of title 49, the Department and the United States Agency for International Development (USAID), and other United States Government employees under chief of mission authority are authorized to pay for the transportation by a foreign air carrier of Department and USAID personnel, and other United States Government employees under chief of mission authority 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) LimitationAn 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 definedIn this subsection, the term “domestic animal” means a dog or a cat.

22 U.S.C. § 4081b Presence of chiefs of mission at diplomatic posts

(a) Requirement for arrival at diplomatic post within 60 days(1) In generalThe Secretary shall require that to be eligible for payment of travel expenses for initial arrival at the assigned post, a chief of mission must arrive at the post not later than 60 days after the date on which the chief of mission was confirmed by the Senate. (2) ExceptionsThe restriction under paragraph (1) shall not apply to a chief of mission who arrives later than 60 days after confirmation by the Senate if the delay was caused by one or more of the following:(A) A flight delay that was outside of the control of the chief of mission or the Department. (B) A natural disaster, global health emergency, or other naturally occurring event that prevented the chief of mission from entering the country of the assigned post. (C) Delay or refusal by the government of the host country to accept diplomatic accreditation. (D) Family or medical emergency. (E) Extenuating circumstances beyond the control of the chief of mission. (3) WaiverThe Secretary may waive the requirement under paragraph (1) upon a determination that extenuating circumstances warrant such a waiver and upon submission of a brief description of the determination to the appropriate congressional committees. (4) Notification requiredNot later than 90 days after December 23, 2024, and in each case that a chief of mission arrives at an assigned post more than 60 days after confirmation, the Secretary shall submit to the appropriate congressional committees a report identifying any chief of mission who arrived at the assigned post more than 60 days after confirmation by the Senate, and includes a description of the justification. (b) Notifications on departures of chiefs of missionBeginning on April 1, 2025, for 5 years, the Secretary shall notify the appropriate congressional committees of any chief of mission who has permanently departed from the assigned post within 90 days of the departure.

22 U.S.C. § 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.

22 U.S.C. § 4083 Required leave

(a) Criteria; length of continuous serviceThe 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 takenLeave 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 DepartmentWhile 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.

22 U.S.C. § 4083a Rest and recuperation leave

(a) DefinitionsIn this section—(1) the term “agency” means an Executive agency (as that term is defined in section 105 of title 5), but does not include the Government Accountability Office; (2) the term “combat zone” means a geographic area designated by an Executive order of the President as an area in which the Armed Forces are engaging or have engaged in combat, an area designated by law to be treated as a combat zone, or a location the Department of Defense has certified for combat zone tax benefits due to its direct support of military operations; (3) the term “employee” means an officer or an individual who is—(A) appointed in the civil service, the Foreign Service, or any appointment authority other than the uniformed services (as that term is defined in section 101 of title 37), by one of the following acting in an official capacity:(i) The President. (ii) A Member or Members of Congress, or Congress. (iii) An individual who is an employee under this section. (iv) The head of a Government-controlled corporation; (B) engaged in the performance of a Federal function under authority of law or an Executive act; and (C) subject to the supervision of an individual described in subparagraph (A) while engaged in the performance of the duties of his or her position; (4) the term “high risk, high threat post” has the meaning given that term in section 4803 of this title; and (5) the term “leave year” means the period beginning on the first day of the first complete pay period in a calendar year and ending on the day immediately before the first day of the first complete pay period in the following calendar year. (b) Leave for rest and recuperationThe Secretary or other head of an agency may prescribe regulations to grant up to 20 days of paid leave, per leave year, for the purposes of rest and recuperation to an employee of the agency serving in a combat zone, any other high risk, high threat post, or any other location presenting significant security or operational challenges. (c) Discretionary authority of the Secretary or other agency headUse of the authority under subsection (b) is at the sole and exclusive discretion of the head of the agency concerned. (d) RecordsAn agency shall record leave provided under this section separately from leave authorized under any other provision of law.

22 U.S.C. § 4083b Overseas operations leave

(a) DefinitionsIn this section—(1) the term “agency” means an Executive agency (as that term is defined in section 105 of title 5), but does not include the Government Accountability Office. (2) the term “employee” means an officer or an individual who is—(A) appointed in the civil service, the Foreign Service, or any appointment authority other than the uniformed services (as that term is defined in section 101 of title 37), by one of the following acting in an official capacity:(i) The President. (ii) A Member or Members of Congress, or Congress. (iii) An individual who is an employee under this section. (iv) The head of a Government-controlled corporation; (B) engaged in the performance of a Federal function under authority of law or an Executive act; and (C) subject to the supervision of an individual described in subparagraph (A) while engaged in the performance of the duties of his or her position; and (3) the term “leave year” means the period beginning with the first day of the first complete pay period in a calendar year and ending with the day immediately before the first day of the first complete pay period in the following calendar year. (b) Leave for overseas operationsThe Secretary or other head of an agency may prescribe regulations to grant up to 10 days of paid leave, per leave year, to an employee of the agency serving abroad for the purpose of local holidays. (c) Discretionary authority of the Secretary or other agency headUse of the authority under subsection (b) is at the sole and exclusive discretion of the head of the agency concerned.

22 U.S.C. § 4084 Health care program

(a) EstablishmentThe 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 providedAny 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 personnelThe 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 treatmentIf 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 memberHealth 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 contractsThe 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 reimbursementsReimbursements 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.

22 U.S.C. § 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.

22 U.S.C. § 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].

22 U.S.C. § 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 Foreign Service who are posted in the United States or posted abroad in accordance with this chapter.

22 U.S.C. § 4088 Education allowance

A Department or United States Agency for International Development 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.

22 U.S.C. § 4089 Portability of professional licenses

(a) In generalIn any case in which a member of the Foreign Service or the spouse of a member of the Foreign Service has a covered United States license and such member of the Foreign Service or spouse relocates his or her residency because of an assignment or detail to a location that is not in the jurisdiction of the licensing authority that issued the covered license, such covered license shall be considered valid at a similar scope of practice and in the discipline applied for in the jurisdiction of such new residency for the duration of such an assignment or detail if such member of the Foreign Service or spouse—(1) provides a copy of the member’s notification of assignment to the licensing authority in the jurisdiction in which the new residency is located; (2) remains in good standing with—(A) the licensing authority that issued the covered license; and (B) every other licensing authority that has issued to the member of the Foreign Service or spouse a license valid at a similar scope of practice and in the discipline applied in the jurisdiction of such licensing authority; and (3) submits to the authority of the licensing authority in the new jurisdiction for the purposes of standards of practice, discipline, and fulfillment of any continuing education requirements. (b) Interstate licensure compactsIf a member of the Foreign Service or spouse of a member of the Foreign Service is licensed and able to operate in multiple jurisdictions through an interstate licensure compact, with respect to services provided in the jurisdiction of the interstate licensure compact by a licensee covered by such compact, the member of the Foreign Service or spouse of a member of the Foreign Service shall be subject to the requirements of the compact or the applicable provisions of law of the applicable State and not this section. (c) Covered license definedIn this section, the term “covered license” means a professional license or certificate—(1) that is in good standing with the licensing authority that issued such professional license or certificate; (2) that the member of the Foreign Service or spouse of a member of the Foreign Service has actively used during the two years immediately preceding the relocation described in subsection (a); and (3) that is not a license to practice law.