22 U.S.C. § 4084 — Health care program

Page 1532 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4084 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 head Use of the authority under subsection (b) is at the sole and exclusive discretion of the head of the agency concerned. (Pub. L. 96–465, title I, § 903b, as added Pub. L. 118–159, div. G, title LXXII, § 7215(a), Dec. 23, 2024, 138 Stat. 2537.) § 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 employ- ees, and members of the families of such mem- bers and employees. (b) Services provided Any such health care program may include (1) medical examinations for applicants for employ- ment, (2) medical examinations and inoculations or vaccinations, and other preventive and reme- dial 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 employ- ees, and (4) examinations necessary in order to establish disability or incapacity of participants in the Foreign Service Retirement and Dis- ability System or Foreign Service Pension Sys- tem or to provide survivor benefits under sub- chapter 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 per- sonnel at Foreign Service posts abroad at which, in the opinion of the Secretary of State, a suffi- cient number of Government employees are as- signed 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 as- signed to a post abroad or located overseas pur- suant to Government authorization, the Sec- retary may pay the cost of such treatment. (e) Death or separation of member Health care may be provided under this sec- tion to a member of the Service or other des- ignated eligible Government employee after the separation of such member or employee from Government service. Health care may be pro- vided under this section to a member of the fam- ily of a member of the Service or of a designated eligible Government employee after the separa- tion 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 con- tinuing 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, con- tract for health care pursuant to such arrange- ments 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 mem- bers shall be credited to the currently available applicable appropriation account. Such reim- bursements 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 ‘‘fami- lies, (3) health education and disease prevention pro- grams 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 nec- essary,’’. Subsec. (d). Pub. L. 99–93, § 122(3), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘If an individual eligible for health care under this section incurs an illness, injury, or medical condi- tion while abroad which requires hospitalization or similar treatment, the Secretary may pay all or part of the cost of such treatment. Limitations on such pay- ments established by regulation may be waived when- ever 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. ELECTRONIC MEDICAL RECORDS REQUIREMENT Pub. L. 118–159, div. G, title LXXI, § 7103(b), Dec. 23, 2024, 138 Stat. 2522, provided that: ‘‘Not later than De- cember 31, 2027, the Secretary [of State] shall have fully implemented an electronic medical records proc- ess or system for all Foreign Service personnel and their Eligible Family Members that eliminates reliance on paper medical records and includes appropriate safe- guards to protect personal privacy.’’ 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: Page 1533 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4088 ‘‘(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 em- ployed as of the date of the enactment of this divi- sion.’’ 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 Devel- opment are authorized to enter into contracts with in- dividuals for the provision of personal services (as de- scribed in section 104 of part 37 of title 48, Code of Fed- eral 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, with- in the United States and abroad, subject to prior con- sultation 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 in- dividuals 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 Com- mittee on Appropriations and the Committee on For- eign Relations of the Senate and the Committee on Ap- propriations and the Committee on Foreign Affairs of the House of Representatives on the overall staffing needs for the Office of Medical Services: Provided fur- ther, 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 ex- penses Notwithstanding section 5536 of title 5, the Secretary may provide for official receptions and may pay entertainment and representa- tional 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 car- rying out this section, the Secretary shall, to the maximum extent practicable, provide for the use of United States products, including Amer- ican 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 terri- tory of the United States, a member of the Serv- ice 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 Over- seas Citizens Voting Rights Act (42 U.S.C. 1973dd–1), be entitled to vote in a Federal elec- tion in the State in which such member was last domiciled immediately before entering the Serv- ice 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 vehi- cle leases and telephone service contracts The terms governing the termination of resi- dential 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. (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; amended Pub. L. 118–159, div. G, title LXXI, § 7110, Dec. 23, 2024, 138 Stat. 2526.) 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 classifica- tion 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. AMENDMENTS 2024—Pub. L. 118–159 substituted ‘‘Foreign Service who are posted in the United States or posted abroad’’ for ‘‘Service who are posted abroad at a Foreign Serv- ice post’’. § 4088. Education allowance A Department or United States Agency for International Development employee who is on