22 U.S.C. § 4083 — Required leave

Page 1530 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4081b AMENDMENTS 2024—Par. (1). Pub. L. 118–159, in introductory provi- sions, substituted ‘‘the Department and the United States Agency for International Development (USAID), and other United States Government employees under chief of mission authority are’’ for ‘‘the Department is’’ and ‘‘Department and USAID personnel, and other United States Government employees under chief of mission authority’’ for ‘‘Department personnel’’. Statutory Notes and Related Subsidiaries DEFINITION For definition of ‘‘Department’’ as used in this sec- tion, see section 6002 of Pub. L. 118–31, set out as a note under section 2651 of this title. § 4081b. Presence of chiefs of mission at diplo- matic posts (a) Requirement for arrival at diplomatic post within 60 days (1) In general The Secretary shall require that to be eligi- ble 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) Exceptions The 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 Depart- ment. (B) A natural disaster, global health emer- gency, or other naturally occurring event that prevented the chief of mission from en- tering the country of the assigned post. (C) Delay or refusal by the government of the host country to accept diplomatic ac- creditation. (D) Family or medical emergency. (E) Extenuating circumstances beyond the control of the chief of mission. (3) Waiver The Secretary may waive the requirement under paragraph (1) upon a determination that extenuating circumstances warrant such a waiver and upon submission of a brief descrip- tion of the determination to the appropriate congressional committees. (4) Notification required Not 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 ar- rived 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 mis- sion Beginning on April 1, 2025, for 5 years, the Sec- retary shall notify the appropriate congres- sional committees of any chief of mission who has permanently departed from the assigned post within 90 days of the departure. (Pub. L. 118–159, div. G, title LXXII, § 7202, Dec. 23, 2024, 138 Stat. 2528.) Editorial Notes CODIFICATION Section was enacted as part of the Department of State Authorization Act for Fiscal Year 2025, and also as part of the Servicemember Quality of Life Improve- ment and National Defense Authorization Act for Fis- cal Year 2025, and not as part of the Foreign Service Act of 1980 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Secretary’’, ‘‘Department’’, and ‘‘appropriate congressional committees’’ as used in this section, see section 7002 of Pub. L. 118–159, set out as a note under section 2651 of this title. § 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. (Pub. L. 96–465, title I, § 902, Oct. 17, 1980, 94 Stat. 2127.) § 4083. Required leave (a) Criteria; length of continuous service The 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 in- troductory clause of subsection (a) of that sec- tion), upon completion by that member of 12 months of continuous service abroad. The Sec- retary 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 taken Leave 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 Serv- ice has official orders to an unaccompanied post and in which the family members of the member reside apart from the member at authorized lo- cations 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 Department While on a leave of absence ordered under this section, the services of any member of the Serv- ice 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 du- ties shall not be counted as leave. Page 1531 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4083b (Pub. L. 96–465, title I, § 903, Oct. 17, 1980, 94 Stat. 2127; Pub. L. 103–236, title I, § 180(a)(8), Apr. 30, 1994, 108 Stat. 416; Pub. L. 109–234, title I, § 1602(d)(2), June 15, 2006, 120 Stat. 442; Pub. L. 110–321, § 2(2), Sept. 19, 2008, 122 Stat. 3535; Pub. L. 117–81, div. E, title LIII, § 5305, Dec. 27, 2021, 135 Stat. 2362.) Editorial Notes AMENDMENTS 2021—Subsec. (b). Pub. L. 117–81 inserted at end ‘‘In cases in which a member of the Service has official or- ders 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, notwith- standing section 10305 of title 5.’’ 2008—Subsec. (b). Pub. L. 110–321 substituted ‘‘or its territories, including American Samoa, the Common- wealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands’’ for ‘‘, its territories and possessions, or the Commonwealth of Puerto Rico’’. 2006—Subsec. (a). Pub. L. 109–234, which directed sub- stitution of ‘‘12 months’’ for ‘‘18 months’’ in section 903(a) of the Foreign Service Act, was executed to sub- sec. (a) of this section, which is section 903 of the For- eign Service Act of 1980, to reflect the probable intent of Congress. 1994—Subsec. (a). Pub. L. 103–236 inserted ‘‘(other than a member employed under section 3951 of this title)’’ after ‘‘member of the Service’’ in two places. § 4083a. Rest and recuperation leave (a) Definitions In 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 Govern- ment Accountability Office; (2) the term ‘‘combat zone’’ means a geo- graphic 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 treat- ed as a combat zone, or a location the Depart- ment of Defense has certified for combat zone tax benefits due to its direct support of mili- tary operations; (3) the term ‘‘employee’’ means an officer or an individual who is— (A) appointed in the civil service, the For- eign 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 ca- pacity: (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-con- trolled corporation; (B) engaged in the performance of a Fed- eral function under authority of law or an Executive act; and (C) subject to the supervision of an indi- vidual 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 com- plete 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 recuperation The 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 pre- senting significant security or operational chal- lenges. (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. (d) Records An agency shall record leave provided under this section separately from leave authorized under any other provision of law. (Pub. L. 96–465, title I, § 903a, as added Pub. L. 118–159, div. G, title LXXII, § 7215(a), Dec. 23, 2024, 138 Stat. 2536.) § 4083b. Overseas operations leave (a) Definitions In 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 Govern- ment Accountability Office. (2) the term ‘‘employee’’ means an officer or an individual who is— (A) appointed in the civil service, the For- eign 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 ca- pacity: (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-con- trolled corporation; (B) engaged in the performance of a Fed- eral function under authority of law or an Executive act; and (C) subject to the supervision of an indi- vidual 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 com- plete pay period in a calendar year and ending with the day immediately before the first day of the first complete pay period in the fol- lowing calendar year. (b) Leave for overseas operations The Secretary or other head of an agency may prescribe regulations to grant up to 10 days of