22 U.S.C. § 4081 — Travel and related expenses

Page 1527 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4081 entitled to a deferred annuity, but before becom- ing eligible to receive the annuity, and such par- ticipant or former participant has left with the Secretary of State a spousal agreement prom- ising a share of a survivor annuity under sub- chapter IV, chapter 84, title 5, to a former spouse, such survivor annuity shall be paid under the terms of this part as if the survivor annuity had been ordered by a court. (Pub. L. 96–465, title I, § 861, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 619; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99–556, title IV, § 407, Oct. 27, 1986, 100 Stat. 3139.) Editorial Notes AMENDMENTS 1986—Subsec. (a)(4)(A). Pub. L. 99–514 substituted ‘‘In- ternal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. Subsec. (b)(3). Pub. L. 99–556 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–556 effective Jan. 1, 1987, see section 408 of Pub. L. 99–556, set out as a note under section 4046 of this title. § 4071k. Spousal agreements A spousal agreement is any written agreement (properly authenticated as determined by the Secretary of State) between a participant or former participant and his or her spouse or former spouse on file with the Secretary of State. A spousal agreement shall be consistent with the terms of this chapter and applicable regulations and, if executed at the time a partic- ipant or former participant is currently mar- ried, shall be approved by such current spouse. It may be used to fix the level of benefits pay- able under this part to a spouse or former spouse. (Pub. L. 96–465, title I, § 862, as added Pub. L. 99–335, title IV, § 415, June 6, 1986, 100 Stat. 621.) Editorial Notes REFERENCES IN TEXT 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. 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 as- signed 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 coun- try to which the member of the Service is as- signed 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 (with- out regard to those laws and regulations lim- iting or restricting the furnishing or payment of transportation and traveling expenses), as well as expenses for— (A) an attendant or attendants for a mem- ber 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 Serv- ice 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 con- ditions 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 Is- lands, and the United States Virgin Islands; except that, unless the Secretary otherwise specifies in extraordinary circumstances, trav- el expenses under this paragraph shall be lim- ited 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 mem- ber 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 condi- tions, and the return of such individuals, fur- niture, and effects to such post upon the ces- sation 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 fam- ily 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, Page 1528 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4081 1 So in original. The period probably should be a semicolon. the Secretary may pay the costs and ex- penses 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 Sec- retary 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 visi- tation in emergency situations involving per- sonal 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 mem- ber is prevented by official order from residing at such post.1 (10) preparing and transporting to the des- ignated home in the United States or to a place not more distant, the remains of a mem- ber 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 house- hold 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 mem- ber 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 as- signed 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 sub- paragraph 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 cir- cumstances 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 sub- paragraph for storing furniture and house- hold and personal effects for more than 3 months, except that in extraordinary cir- cumstances the Secretary may extend this period for not more than an additional 90 days; (13) transporting, for or on behalf of a mem- ber of the Service, a privately owned motor vehicle in any case in which the Secretary de- termines that water, rail, or air transpor- tation of the motor vehicle is necessary or ex- pedient for all or any part of the distance be- tween 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, ex- cept 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 Sec- retary to be necessary for reasons beyond the control of the member and in the inter- est 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 trans- porting the motor vehicle that is replaced; (14) the travel and relocation of members of the Service, and members of their families, as- signed 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 re- quired by section 3375(b) of such title is exe- cuted 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 re- ceiving an education allowance or edu- cational 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 regu- larly 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, Page 1529 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4081a 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 introduc- tory provisions, substituted ‘‘in the case of one or more children below age 21 of a member of the Service as- signed 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, sub- stituted ‘‘the cost of round-trip travel’’ for ‘‘a pay- ment’’. 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 terri- tories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Vir- gin Islands’’ after ‘‘United States’’. 2006—Par. (6). Pub. L. 109–234, which directed amend- ment of section 901(6) of the Foreign Service Act by striking out ‘‘unbroken by home leave’’ wherever ap- pearing, was executed by striking out those words after ‘‘2-year tour’’ and ‘‘3-year tour’’ in concluding provi- sions 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 ‘‘Serv- ice’’. Par. (15). Pub. L. 107–228, § 328, in concluding provi- sions, substituted ‘‘residence of the other parent, or be- tween 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 cir- cumstances 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 cir- cumstances the Secretary may extend this period for not more than an additional 90 days’’. 1990—Par. (9). Pub. L. 101–246 amended par. (9) gen- erally. 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 pro- mulgate guidance for the implementation of the amendment made by subsection (a) [amending this sec- tion] 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.] § 4081a. Exception for Government-financed air transportation; reducing hardship for trans- portation of domestic animals (1) In general Notwithstanding subsections (a) and (c) of sec- tion 40118 of title 49, the Department and the United States Agency for International Develop- ment (USAID), and other United States Govern- ment employees under chief of mission author- ity are authorized to pay for the transportation by a foreign air carrier of Department and USAID personnel, and other United States Gov- ernment employees under chief of mission au- thority 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 accom- panying 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 ani- mal’’ means a dog or a cat. (Pub. L. 118–31, div. F, title LXII, § 6224(a), Dec. 22, 2023, 137 Stat. 979; Pub. L. 118–159, div. G, title LXXVI, § 7604, Dec. 23, 2024, 138 Stat. 2553.) 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.