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HR Order DOJ200.1: Part 13, Chapter 13-1: Leave and Travel Policy for Personnel on Overseas Assignments or Details (March 12, 2009)

Human Resources Order DOJ 1200.1

Prepared by: JMD Human Resources and JMD Finance Staff

A. References .

The purpose of this document is to provide guidance to Department of Justice(DOJ or Department) Components regarding the management of leave and the payment of travel expenses related to the Department's Rest and Recuperation (R&R), Family Visitation Travel, and Home Leave programs. These programs are available to DOJ employees who are permanently assigned overseas and to individuals employed by, or detailed to, DOJ who are on official duty in Iraq or Afghanistan.

This benefit allows DOJ employees permanently assigned overseas at certain posts that have been designated by the Secretary of State for R&R trips (R&R-designated posts) to travel to a designated R&R relief point having different social, climactic, or environmental conditions than the employees' assigned posts. Personnel receiving this benefit shall be granted all approved leave of absence from their assigned posts for which they may use accrued annual leave, sick leave, earned compensatory time, or leave without pay as appropriate. Travel and transportation expenses that personnel may incur as the result of R&R shall be paid by the Departmental Component.

R&R relief points are travel destination areas designated by the Secretary of State for R&R trips. 3 FAH - Exhibit H-3722 (1) through(5) lists R&R-designated posts and their designated relief points. The United States is also a designated relief point for R&R travel.

This benefit is provided to DOJ employees and individuals detailed to DOJ who serve at R&R-designated posts or at certain non-R&R posts that may become certified to receive "Special R&R" benefits in extraordinary circumstances where the otherwise non-designated post is experiencing "unique conditions of hardship." The Special R&R benefit allows personnel to be granted additional travel to a designated R&R relief point as defined in section 2.b. above, and to receive an approved leave of absence from their assigned posts for which they may be grained administrative leave. As of January 12, 2006, only Afghanistan and Iraq have been certified by the Secretary of State for employee eligibility to receive Special R&R travel benefits. DOJ will afford Special R&R travel benefits during fiscal years 2006, 2007, 2008, and 2009 to individuals employed by, or detailed to, DOJ who are serving in these locations.

This type of Special R&R benefit allows DOJ employees and individuals detailed to DOJ who are serving at R&R-designated posts or at certain non-R&R posts that may become certified to receive "Special R&R" benefits to receive relief from the extraordinary circumstances at their assigned posts to travel to areas in close proximity to the assigned posts (RRB Relief Points) and to be granted administrative leave for this purpose. Afghanistan and Iraq have been certified by the Secretary of State to receive RRBs. The Department will afford RRB benefits during fiscal years 2006, 2007, 2008. and 2009 to individuals employed by, or detailed to DOJ who are serving in these locations.

RRB relief points are travel destination areas in close proximity to R&R- designated posts, which are designated by the Secretary of State. The RRB relief point, for personnel serving in Iraq is Amman, Jordan. Dubai is the RRB relief point for personnel serving in Afghanistan.

This benefit allows DOJ employees who are permanently assigned overseas and members of their families to travel for the purpose of family visitation. The benefit is afforded to eligible DOJ employees in situations: 1) where the employee's family is prevented by official order from accompanying the employee to, or has been ordered from, the assigned post because of imminent danger due to the prevalence of disturbed conditions: or 2) of family emergency. An eligible DOJ employee receives an approved leave of absence for which he/she may use accrued annual leave, sick leave, earned compensatory time, or leave without pay, as appropriate.

The benefit is afforded to members of an eligible DOJ employee's family located overseas: 1) to travel from the employee's post of assignment to the U.S., or to another location outside the U.S., in situations of family emergency, or 2; to travel to the employee's post in emergency situations involving personal hardship if the employee's family is prevented by official order from residing at the employee's post.

An employee serving in a post outside of the United States (the several states and the District of Columbia) which is not his/her place of residence earns home leave at rates stated in 5 C.F.R. §§ 630.604 - 630.605. Home leave may only be used for travel to the United States, the Commonwealth of Puerto Rico, or U.S. territories or possessions. Employees, except for those in Afghanistan or Iraq, must complete a "base period" of 24 months of continuous service at the overseas location before they may use the leave. Generally, home leave may only be granted where the employee is expected to return to service overseas immediately following use of the leave or on completion of his/her assignment in the U.S. or at the close of a tour of duty substantially in excess of the base period (5 C.F.R. § 630.606). Home leave may be granted in combination with other forms of leave.

Pursuant to section 1603 of the Emergency Supplemental Appropriation Act for Defense, the Global War on Terror, and Hurricane Recovery, P.L. 109- 234, as amended by section 1102 of the Duncan Hunter National Defense Authorization Act for FY 2009, P.L.. 110-417, the Attorney General is authorized during fiscal years 2006, 2007, 2008, and 2009 to provide home leave, and to pay for home leave travel for individuals employed by, or detailed to, DOJ on official duty in Afghanistan or Iraq who are expected to return to service abroad following their completion of twelve (12) months of continuous service at these posts. The Attorney General may further extend benefits in Fiscal Years 2010 and 2011 comparable to benefits granted by the Secretary of State to members of the Foreign Service serving in combat zones.

• Travel and Leave for DOJ Employees Permanently Assigned to Overseas Posts other than Iraq or Afghanistan

a. R&R Travel

• DOJ employees permanently assigned overseas to designated R&R posts for a continuous two-year period are eligible to receive one (1) round trip to the U.S. or a designated R&R relief point.  
• DOJ employees permanently assigned overseas to designated R&R posts for a continuous three-year period are eligible to receive two (2) round trips to the U.S. or designated R&R relief points.  
• DOJ employees may take only one (1) R&R trip within any six-month period.
• Time spent at designated R&R relief points will be charged to the employee's leave balance. Leave charged to the employee's balance will begin the first regularly scheduled work day after arrival and end on the last regularly scheduled work day prior to departure from the designated relief point. Employees are not entitled to any local (post) holidays, which occur after departure from the post on R&R travel.  
• In most instances, travel to or from the R&R relief point should occur on non-work days. In locations where air transportation is erratic or unavailable on non-work days, travel time is excessively long, or connections are difficult, or for compassionate reasons, the authorizing official may determine that actual travel time may be charged to administrative leave. If granted for this purpose, administrative leave should not exceed two (2) days on either end of the trip. If travel is arranged to be taken on a work day for the convenience of the employee, transit time should he charged to the employee's leave balance.  
• In accordance with 5 C.F.R. § 550, Subpart N, Compensatory Time Off for Travel, compensatory time cannot be earned while in transit for R&R travel. Such compensatory time can only be earned during other "official" travel, if eligible.  
• The maximum length of an employee's leave of absence for R&R may be decided by the authorizing official with responsibility for the employee in question. Typically, the employee may be granted no more than ten (10) days leave for any one R&R trip.  
• When managing R&R travel benefits, the authorizing official for the employee in question will assess mission needs and negotiate the schedule for any leave of absence with the employee. The authorizing official has the final approval for all leaves of absence.
• Travel and transportation expenses incurred as a result of R&R will be paid by the Departmental Component. Per diem is not authorized.  
• Employees will use coach class for travel to and from designated R&R relief points. Premium class travel accommodations cannot be authorized for R&R travel. Employees may pay the difference in order to upgrade from coach to a higher class, as well as for travel to places other than designated R&R relief points. Cost construction using Government contract fares will be required for purposes of calculating amounts to be paid by employees. Travel and transportation expenses will be paid by the Government only for the trip between the designated R&R post and the designated R&R relief point. Travel costs exceeding the cost to and from the designated relief point are the employee's responsibility. The travel authorization must state the authorized R&R relief point.  
• Employees will use Government contract Fares and the Fly America Act, 49 U.S.C. § 40118, must be observed. Exceptions to these requirements are covered in the Federal Travel Regulation (F.T.R), 41 C.F.R. § § 301 -10.107, 10.136 to 138. Government contract fares may not be used lor travel to points other than the designated R&R relief points.  
• Employees who do not complete their assigned tour of duty must repay their Component for travel and transportation expenses that are associated with R&R travel and/or for RRBs already taken. Repayment will not be required in certain circumstances. see 3 FAM 3722(b). and the Department will consider waiving repayment in appropriate cases. The Component Head funding the detail or assignment may consider requests to waive repayment, which must be submitted in writing.  
• Eligible family members may be authorized R&R travel consistent with 3 FAM 3721.4(c),(d).

b. Family Visitation Travel

• A Department employee who is permanently assigned overseas is eligible to receive family visitation travel in situations where the employee's family is prevented by official order from accompanying the employee to, or has been ordered from, the assigned post because of imminent danger due to the prevalence of disturbed conditions. The benefit permits the eligible employee to use his/her available leave to travel and visit with his/her family located either in or outside the United States (U.S.). The definition of "family" found in 14 FAM 111.3 applies to DOJ employees.  
• When family visitation travel is to the U.S., an eligible employee may elect either two (2) family visitation trips and no rest and recuperation travel; or one (1) family visitation trip and one (1) rest and recuperation trip. In exceptional circumstances involving unusual personal hardship, an eligible employee may be authorized two (2) family visitation trips and one (1) rest and recuperation trip.  
• When the purpose of family visitation travel is to visit family members located abroad, an eligible employee may elect one (1) family visitation trip and one (1) rest and recuperation trip.  
• Payment of travel and related expenses of a Department employee serving abroad who is eligible for family visitation travel is authorized pursuant to 28 U.S.C § 530A. With respect to any eligible employee whose family is located in the U.S., the Department may pay travel costs and expenses not to exceed two (2) round trips in a 12-month period. With respect to any eligible employee whose family is located outside the U.S., the Department may pay travel costs and expenses in a 12-month period not to exceed the cost of two (2) round trips to the District of Columbia.  
• Members of an eligible DOJ employee's family located overseas may be permitted to travel from the employee's post of assignment to the U.S., or to another location outside the U.S., in situations of family emergency, or, if the employee's family is prevented by official order from residing at the employee's post, to travel to the post in emergency situations involving personal hardship.  
• Payment for travel by family members of an eligible employee in situations of family emergency, or to an employee's post of assignment in emergency situations involving personal hardship, is authorized pursuant to 28 U.S.C § 530A. Travel to an employee's post of assignment may, however, be provided only where the employee's family is prevented by official order from residing at such post.

c. Home Leave

• DOJ employees who are permanently assigned overseas must serve continuously at least one 24-month period at the assigned post before home leave can be used.  
• Eligible DOJ employees may be granted leave of absence for home leave at a rate not to exceed one (1) week for each four (4) months of their service at the assigned, overseas post without regard to other leave provided in accordance with this policy. Travel for home leave for these employees will not be paid by the Department.  
• Home leave must be taken in the U.S. or its territories or possessions.  
• Employees who have served continuously for 24 months on an overseas assignment may use home leave during their continuing service oversells or within a reasonable time after their return provided that the employee will return to service overseas either immediately or on completion of an assignment in the U.S. (5 C.F.R. § 630.606(c)(2)).
• Travel and Leave for Department Personnel Employed in, or Detailed to, Afghanistan or Iraq

a. Special R& R Travel

• Eligibility for the Special R&R travel benefit is based on the total length of continuous assignment in, or detail to Afghanistan or Iraq during Fiscal Years 2006-2009.  

Afghanistan:

• Employees or individuals detailed to DOJ who are assigned or detailed to Afghanistan for twelve (12) months or more are entitled to two (2) Special R&R trips and two (2) RRBs of five (5) working days each.  
• Employees or individuals detailed to DOJ who are assigned or detailed to Iraq for twelve (12) months or more are eligible to receive either three (3) Special R&R trips to the United States or London, and no RRBs; or two (2) Special R&R trips to the United States or London, and three (3) RRBs of five (5) working days each (to be distributed evenly by opportunities for rest at reasonable intervals).  
• Employees or individuals detailed to DOJ who are assigned or detailed to Iraq for at least nine (9) months but less than twelve (12) months are eligible to receive one (1) Special R&R trip to the U.S., only upon completion of 90 days service in Iraq, and two (2) RRBs of five (5) working days each.  
• Employees or individuals detailed to DOJ who are assigned or detailed to Iraq for at least six (6) but less than nine (9) months are eligible to receive one (1) Special R&R trip to the U.S., only upon completion of 90 days service in Iraq, and one (1) RRB of five (5) working days.
• All DOJ employees or individuals detailed to DOJ who serve continuously in Afghanistan or Iraq for six (6) months or more will be authorized a limited amount of administrative leave to be used during Special R&Rs and RRBs.  
• Employees or individuals detailed to DOJ on an assignment or detail of one (1) year (365 consecutive days) are authorized to receive up to twenty (20) days of administrative leave per year, not to exceed five (5) work days per RRB or ten (10) work days per Special R&R trip.  
• Employees or individuals detailed to DOJ on an alignment or detail of nine (9) months but less than twelve (12) months are authorized to receive up to fifteen (15) days of administrative leave per year, not to exceed five (5) work days per RRB or ten (10) work days per Special R&R trip.  
• Employees or individuals detailed to DOJ on an assignment or detail of six (6) months but less than nine (9) months are authorized to receive up to ten (10) days of administrative leave per year, not to exceed five (5) work days per RRB or ten (10) work days per Special R&R trip.  
• In all cases, administrative leave shall not exceed ten (10) days per Special R&R trip or five (5) days per RRB.  
• At the completion of a temporary duty assignment in Afghanistan or Iraq, with approval of the authorizing official for the individual in question, DOJ employees or persons detailed to DOJ may exhaust administrative leave earned for Special R&R and/or RRB trips and not used prior to returning to their permanent duty stations.  
• Work day time spent traveling directly to the Special R&R or RRB relief point or work day travel time spent returning directly to post will be charged to administrative leave. (This does not include the administrative leave allotted above.)  
• In accordance with 5 C.F.R. § 550, Subpart N, Compensatory Time Off for Travel, compensatory time cannot be earned while in transit for Special R&R or RRB travel. This can only be earned during other "official" travel, if eligible.  
• With the approval of the authorizing official with responsibility for the individual in question, other leave may be charged to the individual's leave balance in order to extend a Special R&R trip or an RRB. For example, individuals who are assigned or detailed for 12 months in Afghanistan or Iraq may receive the maximum of 20 days of administrative leave for taking a combination of R&R and/or RRBs. The authorizing official does not have to grant all 20 days of administrative leave for one (1) trip, but administrative leave granted under this authority may be used in combination with approved annual leave in order to extend the leave of absence.  
• The authorizing official with responsibility for the individual in question may approve administrative leave for Special R&R or RRB trips taken prior to the issuance of this policy by DOJ employees or individuals detailed to DOJ who were assigned to Afghanistan or Iraq retroactively back to fiscal year 2006. In order to recredit leave to the employee's leave balance, the timekeeper must prepare a certified leave audit signed by the employee's supervisor.
• Travel and transportation expenses incurred as a result of Special R&R or RRB benefits will be paid by the Department Component funding the detail. Per diem is not authorized while on, or in transit to or from, Special R&R or RRB trips; however, in special circumstances where the use of military flights for Special R&R or RRB travel in accordance with this policy necessitates an overnight stay enroute to or from the Special R&R destination or RRB relief point, the authorizing official may authorize payment of one day's per diem.  
• When taking special R&R or RRB travel, individuals employed by, or detailed to, DOJ who are on official duty in Iraq must generally use military flights out of Baghdad. In special circumstances, however, e.g., a personal emergency or due to security concerns, the authorizing official may authorize payment for the cost of a commercial flight. Persons employed by, or detailed to, DOJ on official duty in Afghanistan may use commercial flights for Special R&R or RRB travel.  
• DOJ employees or detailees traveling on commercial flights will use coach class for Special R&R travel; however, they may pay the difference in order to upgrade to higher class, as well as for travel to places other than designated Special R&R or RRB relief points. Premium class travel accommodations cannot be authorized for Special R&R or RRB travel. Cost construction using Government contract fares will be required for purposes of calculating amounts to be paid by employees or detailees.  
• Government contract fares and the Fly America Act, 49 U.S.C § 40118, must be observed for Special R&R and RRB trips. Exceptions to these requirements are covered in F.T.R. 41 C.T.R. §§ 301-10.107, 10.136 to .138. Government contract fares may not be used for travel to R&R or RRB relief points other than those designated by the Secretary of State. The travel authorization must state the designated R&R relief point.  
• If travel is extended beyond these designated areas, cost will be generated to the individual's Component upon Component approval.  

For example, since London or the U.S. are the designated Special R&R relief points for Afghanistan and Iraq. the Government will pay the expenses of an individual's trip between his or her assigned post and London or the U.S. If. however, the individual travels to Paris. France, instead, for R&R travel, then any difference between the cost of this trip and a trip to and from London or the U.S. will be paid by the individual, to the extent that that cost of the Paris trip exceeds the amount of a trip to the designated Special R&R relief point. The travel authorization must state either London or the U.S. as the designated Special R&R relief point The employee will ensure any differences are explained on the travel voucher.

b. Home Leave

• During Fiscal Years 2006-2009, the Attorney General may grant home leave to, and may fund home leave travel for, a DOJ employee or detailee following completion by such employee or detailee of a continuous 12- month period of service in Iraq or Afghanistan.  
• Individuals who have been employed by, or detailed to, DOJ and who serve continuously for twelve (12) months in Afghanistan or Iraq may use home leave during their continuing service overseas or within a reasonable time after their return provided that the individual will return to service overseas either immediately or on completion of an assignment in the United States (5 C.F.R. § 630.606(c)(2)).  
• If an eligible individual chooses to take home leave, he or she must take a minimum of ten (10) work days. Use of home leave is optional; however, there is no requirement that individuals use this benefit after twelve (12) months at a designated post.

5. Authorization

• Travel authorization for R&R, Special R&R and/or RRBs is made at the discretion of those officials with authority to approve travel and leave. Funding authorization for transportation costs should not be made until concurrence of the authorizing official for the individual in question and approval of leave has been obtained. In all cases, travel should only be requested after discussion and concurrence of the authorizing official.  
• These benefits are subject to change, reduction, or termination when conditions at a post no longer warrant the need. The Department's decisions regarding the granting of additional benefits to specific posts will be made consistent with applicable statutory authority and determinations made by the Secretary of State.

6. Guidance

Questions pertaining to the administration of this program may be directed to the employee's servicing human resources office. If the servicing human resources office has questions, it may contact Justice Management Division, Human Resources. Questions pertaining to travel allowances may be directed to Justice Management Division, Finance Staff.

SPECIFIC AUTHORITIES

R&R Travel and Benefits

Pursuant to the Foreign Service Act of 1980 (1980 FSA), 22 U.S.C. § 4081(6), the Department of State is authorized to utilize an R&R program for members of the Foreign Service serving abroad. As a result of recent counter-terrorism activity, the Department of State has provided additional R&R benefits, which are called Special Rest and Recuperation benefits (Special R&R) and Regional Rest Breaks (RRBs), for employees assigned in Afghanistan and Iraq. Pursuant to 281 U.S.C. § 530A, the Department administers R&R-related travel benefits for DOJ employees serving abroad consistent with the 1980 FSA and regulations issued by the Secretary of State, 3 Foreign Affairs Manual (FAM) 3720, et seq .

Pursuant to section 1603 of the Emergency Supplemental Appropriations Act for Defense, The Global War on Terror and Hurricane Recovery, P. L. 109-234, as amended by section 1102 of the Duncan Hunter National Defense Authorization Act for FY 2009, P.L. 110-417, the Attorney General is authorized during Fiscal years 2006, 2007, and 2008, to provide to individuals employed by, or assigned or detailed to, DOJ who are on official duty in Iraq or Afghanistan the additional R&R benefits, (Special R&R and RRBs), which the Secretary of State provides to members of the Foreign Service serving in Iraq or Afghanistan. In Fiscal Years 2009, 2010, and 2011, the Attorney General may extend benefits comparable to those granted by the Secretary of State to members of the foreign Service serving in combat zones. Quarterly, the Secretary of State reviews the benefits extended to those serving in Iraq and Afghanistan. The Department may modify the benefits it extends to those serving in Iraq and Afghanistan from the beginning of Fiscal Year 2009 forward to be consistent with the Department of State.

Family Visitation Travel

Pursuant to 28 U.S.C 530A, the Department pays the travel and related expenses of DOJ employees permanently assigned overseas for purposes of family visitation in situations where the employee's family is prevented by official order from accompanying the employee to or has been ordered from, the assigned post because of imminent danger due to the prevalence of disturbed conditions; or in situations of family emergency.

Also pursuant to 28 U.S.C. § 530A, the Department may pay travel and related expenses for family members of eligible employees located overseas to travel from the employee's post of assignment to the U.S., or to another location outside the U.S. in situations of family emergency, or, if the employee's family is prevented by official order from residing at the employee's post, to travel to the employee's post in emergency situations involving personal hardship.

The Department administers this benefit for DOJ employees permanently assigned overseas consistent with the 1980 FSA, 22 U.S.C. § 4081(8),(9), and regulations issued by the Secretary of State, 3 Foreign Affairs Manual (FAM) 3730, et seq . Family Visitation Travel is not available to individuals employed by, or detailed to, DOJ who are serving in Iraq or Afghanistan.

Pursuant to 5 U.S.C § 6305, home leave may be granted to DOJ employees permanently assigned to overseas posts other than Afghanistan or Iraq who are expected to return to service abroad following their completion of 24 months of continuous service at the overseas post.

Pursuant to section 1603 of the Emergency Supplemental Appropriations Act for Defense, The Global War on Terror, and Hurricane Recovery, P.L. 109-234, as amended by section 1102 of the Duncan Hunter National Defense Authorization Act for FY 2009, the Attorney General is authorized to provide and pay for home leave travel during fiscal years 2006, 2007, and 2008 for individuals employed by or assigned or detailed to DOJ who are on official duty, and who have completed 12 months of continuous service, in Iraq or Afghanistan. In Fiscal Years 2009, 2010, and 2011, the Attorney General may extend benefits comparable to those granted by the Secretary of State to members of the Foreign Service serving in combat zones. Quarterly, the Secretary of State reviews the benefits extended to those serving in Iraq and Afghanistan. The Department may modify the benefits it extends to those serving in Iraq and Afghanistan from the beginning of Fiscal Year 2009 forward to be consistent with the Department of State.

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Foreign Affairs Manual (3 FAM) - 3 FAM 3700 TRAVEL, section 3720 REST AND RECUPERATION (R&R) TRAVEL

The Foreign Service Act of 1980 mandated a comprehensive revision to the operation of the Department of State and the personnel assigned to the US Foreign Service. As the statutory authority, the Foreign Affairs Manual (FAM), details the Department of Sta

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U.S. Government Accountability Office

State Department - Rest and Recuperation Travel

A State Department certifying officer located in the United States Embassy, Kiev, Ukraine, may certify payment of a Foreign Service employee's travel expenses to attend the funeral of a close family member, based on the department's authority to grant "rest and recuperation" travel under the Foreign Service Act of 1980, Pub. L. No. 96-465, codified in 22 U.S.C. ch. 52.

B-302728, State Department - Rest and Recuperation Travel, October 1, 2004

Matter of: State Department - Rest and Recuperation Travel

File: B-302728

Date: October 1, 2004

A State Department certifying officer for the United States Embassy in Kiev, Ukraine, Ms. Joyce E. Coates, requests an advance decision under 31U.S.C. 3529 regarding the use of State Department funds for employee rest and recuperation (R&R) travel. The certifying officer questions whether it is proper to certify payment of appropriated funds for R&R travel of an employee of the Embassy in Kiev, Ms.Oluwatoyn Martschenko, in order to attend the funeral of her mother-in-law. As explained below, we find that the certifying officer should certify the employee's R&R travel expenses for payment.

[2] In January 2004, the Embassy asked the certifying officer to certify payment of those R&R travel expenses to a private vendor for the employee's travel expenses, but the certifying officer has not yet done so.

In her request to this Office, the certifying officer questions whether she should certify payment in this matter. She notes that "the purpose' of R&R is to grant employees and family members at designated hardship posts opportunity for relief from the harsh conditions imposed upon them. . . . Going to a funeral would not seem to meet the purpose of rest and recuperation." Letter from Joyce E. Coates to Thomas H. Armstrong, Assistant General Counsel for Appropriations Law, GAO, Feb.24, 2004 (received in GAO, Mar. 15, 2004). Moreover, the certifying officer is concerned that allowing the employee to use R&R travel to attend a family funeral would "circumvent" State Department policy and rules governing EVT in order to serve the "personal convenience" of the employee. Id.

In April 2004, we asked the State Department's Legal Adviser to provide us with his views on this matter. Letter from Thomas H. Armstrong, Assistant General Counsel for Appropriations Law, GAO, to William H. Taft, IV, State Department Legal Adviser, Apr.28, 2004. In July 2004, the Office of the Legal Adviser responded saying, among other things, that it is neither a requirement nor a practice of the department to evaluate the appropriateness of the personal activities of an employee or (eligible family members) while on R&R travel. Letter from Jamison Borek, Assistant Legal Adviser for Legislation and Management, State Department, to Thomas H. Armstrong, Assistant General Counsel for Appropriations Law, GAO, July 20, 2004. In fact, the department has never before deemed an employee's or family member's proposed R&R travel inappropriate based on the department's assessment of the personal activities proposed or actually pursued during the R&R trip. Id . The Assistant Legal Adviser said, "Based on the facts of which we are aware, therefore, the Office of Legal Adviser does not believe that [the employee] should be refused reimbursement for R&R on the grounds that [her] attendance at her mother-in-law's funeral on the R&R trip renders the trip inappropriate for R&R." Id.

In order to determine whether State Department funds are legally available to pay the employee's travel expenses, we need to understand the department's authority with respect to R&R travel and EVT leave and the expenses associated with them, as well as the policies and procedures established by the department under that authority. The State Department derives its authority to grant leave and travel reimbursements to Foreign Service employees and their families from the Foreign Service Act of 1980, Pub. L. No. 96-465, 94 Stat. 2071 (Oct. 17, 1980), codified in 22U.S.C. ch. 52. Section 901 of that act authorizes the department to pay for, among other things, the R&R travel of members of the Foreign Service and their families:

"(6) rest and recuperation travel of member[s] of the [Foreign] 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."

Pub. L. No. 96-465, 901, 94 Stat. at 2125, codified at 22 U.S.C. 4081. [3] Section 901 also provides for EVT:

"(9) round-trip travel from a location abroad for purposes of family visitation in emergency situations involving personal hardship."

Pub. L. No. 96-465, 901, 94 Stat. at 2126, codified at 22 U.S.C. 4081. Section 206 of the act provides that the department may "prescribe such regulations as the Secretary deems appropriate to carry out functions under this Act." Pub.L.No.96465, 206, 94 Stat. at 2079, codified at 22 USC 3926(a). To implement these provisions of the Foreign Service Act, the department issued the Foreign Affairs Manual (F.A.M.) and the Foreign Affairs Handbook (F.A.H.). [4] Under the Foreign Affairs Manual and Handbook, Foreign Service employees assigned to certain foreign posts, such as Kiev, for three-year periods, are permitted to take two R&R trips during the assignment, "provided that the purpose of rest and recuperation travel is met." 3 F.A.H.-1 H-3726.3.a (T.L. No. POH-081, Feb 26, 2002). There is no guidance given with regard to what would be deemed restful and recuperative travel. EVT is authorized for certain specific circumstances, e.g., death of a close relative, as is the case here. 3F.A.M. 3743, 3744(1) -- (3) (T.L. No.PER395, Feb. 28, 2001). Generally, for both R&R travel and EVT, an employee must seek approval in advance. 3 F.A.H.-1 ch.H-3726 (T.L. No. POH-081, Feb. 26, 2002); 3F.A.M. 3746.21 (T.L. No. PER-395, Feb.28, 2001).

The legislative history for the R&R travel provision (paragraph 6 quoted above) directs the department to implement the provision in a way that appropriately "benefits . . . employee morale." H.R. Conf. Rep. No. 95-1535, at 51 (1978). The legislative history of the EVT provision (paragraph 9 quoted above) indicates that EVT is intended to mitigate the "personal hardship" which is incurred when great distance separates families as a result of assignments in the Foreign Service. S. Rep. No.96-913, at 76 (1980). While generally all members of a family who reside at the employee's post of assignment may be approved for R&R travel, ordinarily only one member of a family is authorized EVT.

Under the facts presented here, the employee, as required by the department's regulations, sought and obtained permission for R&R travel. The certifying officer is concerned that allowing the employee to use R&R travel to cover the expenses of attending a funeral is not consistent with the purposes of R&R travel and circumvents the department's regulations on EVT. As noted above, neither the statutes nor the regulations delineate the allowable uses of R&R travel. Here, the employee applied to use it to attend a family funeral, and the employee's supervisor approved it. The legislative history of the R&R travel provision shows that Congress intended to provide Foreign Service personnel and their families with relief from the isolation and separation from family that necessarily arises from being stationed at overseas posts. B214549, Oct. 5, 1984, citing S. Rep. No. 96-913, at 76 (1980).

What is important here is that, in accordance with the statute and the department's regulations, responsible officials within the Kiev Embassy approved the use of R&R travel for the employee in advance, with full knowledge of the circumstances. Furthermore, upon review within the department, that approval has not been countermanded. Letter from Jamison Borek, Assistant Legal Adviser for Legislation and Management, State Department, to Thomas H. Armstrong, Assistant General Counsel for Appropriations Law, GAO, July 20, 2004. Instead, the department has advised that, within its discretion under the law, it does not regard it necessary or appropriate to assess the purposes for which eligible employees and family members take R&R travel. Id. This endorsement of the Embassy staff's approval of R&R travel explicitly recognized that the purpose of the travel was to attend the funeral of a close family relative, notwithstanding the department's EVT regulations. Id. See also, E-mail from Anita A. Brown, Office of Employee Relations, Employee Programs Division, State Department, to Jennifer Bonner, Management Counselor, Kiev Embassy, Ukraine, Jan. 21, 2004 (the employee "is eligible to receive the 2nd R&R. [While] R&R is not supposed to be meant for bereavement travel . . . you are correct that employees (andeligible family members) use R&R for a variety of reasons and we should not be in the business of policing what they do while on R&R."). Although not all would agree that attending a funeral provides "rest and recuperation," we believe the purposes of R&R travel are broad enough to encompass this use, if it is authorized by appropriate department officials acting under the Foreign Affairs Manual and Handbook.

The certifying officer also raises a number of other concerns to question whether this R&R travel voucher should be certified. However, those points need not be addressed in detail here as they do not alter our conclusion. Some of them relate to policy matters, which are for the department to decide, [5] and others reflect policy decisions that the Congress has already determined in the law. [6]

CONCLUSIONS

The Foreign Service Act of 1980 entrusts the department with broad discretion in the use of R&R funds. The record indicates that the employee sought and obtained administrative permission for R&R funded travel in order to attend the funeral of her mother-in-law. The department has since re-examined and reaffirmed the original approval of the employee's request. There is no indication in the record that the employee or the department failed to comply with any applicable statutory or regulatory requirements. The department's position is consistent with the terms and purposes of the applicable statutes and regulations, and there is no reason for us to question the department's interpretation or application of the Foreign Service Act of 1980 in this regard. Consequently, the certifying officer should certify the payment of the employee's R&R travel expenses.

Anthony H. Gamboa

General Counsel

[1] The State Department's Foreign Affairs Manual (F.A.M.) defines EVT as "travel [of an eligible employee] at government expense to the United States or other locations in certain situations of family emergency." 3 F.A.M. 3742 (T.L. No.PER-395, Feb.28, 2001).

[2] The Foreign Affairs Manual defines R&R travel as "the travel of U.S. citizen employees of the Foreign Service and their families from their assigned post to the United States, or to other locations abroad which have different social, climatic, or environmental conditions than their assigned post." 3 F.A.M. 3721 (T.L. No.PER412, Aug. 17, 2001). See also 3 Foreign Affairs Handbook-1 H3726.3.a (T.L. No.POH-081, Feb.26, 2002) (hereinafter, F.A.H.).

[3] The 1980 act consolidated, refined, and recodified the laws relating to the Foreign Service. S. Rep. No. 96-913, 1-3 (1980). The language quoted above in section 901(6)(B) of the 1980 act (authorizing R&R travel to "locations in the United States") actually originated in section 407 of the Foreign Relations Authorization Act for Fiscal Year 1979. Pub. L. No. 95-426, 407, 92 Stat. 963, 980 (Oct. 7, 1978).

[4] These volumes are statutory regulations, issued under the authority of 22 U.S.C. 4081(5)(B). B-251231, n.2, Sept.2, 1993; B212445, Nov. 17, 1986. See also 3F.A.M. 1111.3, 1112, 1112.2 (T.L. No. PER-274, July 6, 1995).

[5] For example, the certifying officer is concerned that the employee may have forfeited or exhausted her right to further R&R travel from the Kiev Embassy postingpossibly when she failed to take R&R at a particular time. However, the department's regulations do not dictate when the travel must be taken, only when it generally may not be taken, such as within the first or last six months of the posting. 3F.A.M. 3727 (T.L. No. PER-412, Aug. 17, 2001). The certifying officer is also concerned about the financial and budgetary implications of allowing R&R travel to be used in circumstances where EVT might be used. Under the Foreign Affairs Manual, both R&R travel and EVT are funded primarily from funds available to the post. 3 F.A.M. 3726.3-2(a) (T.L. No. PER-415, Aug. 29, 2001); 3F.A.M. 3748.2.a(1) (T.L. No. PER-395, Feb. 28, 2001). It is the responsibility of the post administrative officials who approve the use of R&R travel to use this authority wisely in order to avoid creating financial and budgetary problems for the post as a consequence of the R&R travel that they approve.

[6] The certifying officer is concerned that allowing Foreign Service employees who are authorized to take R&R travel to use it for circumstances in which EVT might be used creates inequities vis--vis those Foreign Service employees who are not entitled to R&R travel benefits. The simple answer to this is that, in the law, Congress has expressly provided an extra benefit to Foreign Service employees stationed at hardship posts, and this use of that benefit falls within the broad purposes of the statute, subject to the Department's exercise of the discretion Congress granted it. See Foreign Service Act of 1980, 206, 901, Pub. L. No. 96-465, 94 Stat. 2071, 2079, 2125 (Oct. 17, 1980), codified in 22 U.S.C. 3926(a), 4081.

GAO Contacts

Shirley A. Jones Managing Associate General Counsel [email protected] (202) 512-5400

Office of Public Affairs

Chuck Young Managing Director [email protected] (202) 512-4800

Trains Moscow to Elektrostal: Times, Prices and Tickets

• Train Times
• Seasonality
• Accommodations

Moscow to Elektrostal by train

The journey from Moscow to Elektrostal by train is 32.44 mi and takes 2 hr 7 min. There are 71 connections per day, with the first departure at 12:15 AM and the last at 11:46 PM. It is possible to travel from Moscow to Elektrostal by train for as little as or as much as . The best price for this journey is .

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How can I find the cheapest train tickets to get from Moscow to Elektrostal?

Prices will vary when you travel from Moscow to Elektrostal. On average, though, you'll pay about for a train ticket. You can find train tickets for prices as low as , but it may require some flexibility with your travel plans. If you're looking for a low price, you may need to prepare to spend more time in transit. You can also often find cheaper train tickets at particular times of day, or on certain days of the week. Of course, ticket prices often change during the year, too; expect to pay more in peak season. For the lowest prices, it's usually best to make your reservation in advance. Be careful, though, as many providers do not offer refunds or exchanges on their cheapest train tickets. Unfortunately, no price was found for your trip from Moscow to Elektrostal. Selecting a new departure or arrival city, without dramatically changing your itinerary could help you find price results. Prices will vary when you travel from Moscow to Elektrostal. On average, though, you'll pay about for a train ticket. If you're looking for a low price, you may need to prepare to spend more time in transit. You can also often find cheaper train tickets at particular times of day, or on certain days of the week. Of course, ticket prices often change during the year, too; expect to pay more in peak season. For the lowest prices, it's usually best to make your reservation in advance. Be careful, though, as many providers do not offer refunds or exchanges on their cheapest train tickets.

How long does it take to get from Moscow to Elektrostal by train?

The journey between Moscow and Elektrostal by train is approximately 32.44 mi. It will take you more or less 2 hr 7 min to complete this journey. This average figure does not take into account any delays that might arise on your route in exceptional circumstances. If you are planning to make a connection or operating on a tight schedule, give yourself plenty of time. The distance between Moscow and Elektrostal is around 32.44 mi. Depending on the exact route and provider you travel with, your journey time can vary. On average, this journey will take approximately 2 hr 7 min. However, the fastest routes between Moscow and Elektrostal take 1 hr 3 min. If a fast journey is a priority for you when traveling, look out for express services that may get you there faster. Some flexibility may be necessary when booking. Often, these services only leave at particular times of day - or even on certain days of the week. You may also find a faster journey by taking an indirect route and connecting in another station along the way.

How many journeys from Moscow to Elektrostal are there every day?

On average, there are 71 daily departures from Moscow to Elektrostal. However, there may be more or less on different days. Providers' timetables can change on certain days of the week or public holidays, and many also vary at particular times of year. Some providers change their schedules during the summer season, for example. At very busy times, there may be up to departures each day. The providers that travel along this route include , and each operates according to their own specific schedules. As a traveler, you may prefer a direct journey, or you may not mind making changes and connections. If you have heavy suitcases, a direct journey could be best; otherwise, you might be able to save money and enjoy more flexibility by making a change along the way. Every day, there are an average of 18 departures from Moscow which travel directly to Elektrostal. There are 53 journeys with one change or more. Unfortunately, no connection was found for your trip from Moscow to Elektrostal. Selecting a new departure or arrival city, without dramatically changing your itinerary could help you find connections.

Book in advance and save

If you're looking for the best deal for your trip from Moscow to Elektrostal, booking train tickets in advance is a great way to save money, but keep in mind that advance tickets are usually not available until 3 months before your travel date.

Stay flexible with your travel time and explore off-peak journeys

Planning your trips around off-peak travel times not only means that you'll be able to avoid the crowds, but can also end up saving you money. Being flexible with your schedule and considering alternative routes or times will significantly impact the amount of money you spend on getting from Moscow to Elektrostal.

Always check special offers

Checking on the latest deals can help save a lot of money, making it worth taking the time to browse and compare prices. So make sure you get the best deal on your ticket and take advantage of special fares for children, youth and seniors as well as discounts for groups.

Unlock the potential of slower trains or connecting trains

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Best time to book cheap train tickets from Moscow to Elektrostal

The cheapest Moscow - Elektrostal train tickets can be found for as low as $35.01 if you’re lucky, or $54.00 on average. The most expensive ticket can cost as much as $77.49.

Find the best day to travel to Elektrostal by train

When travelling to Elektrostal by train, if you want to avoid crowds you can check how frequently our customers are travelling in the next 30-days using the graph below. On average, the peak hours to travel are between 6:30am and 9am in the morning, or between 4pm and 7pm in the evening. Please keep this in mind when travelling to your point of departure as you may need some extra time to arrive, particularly in big cities!

Moscow to Elektrostal CO2 Emissions by Train

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Rosatom Starts Production of Rare-Earth Magnets for Wind Power Generation

TVEL Fuel Company of Rosatom has started gradual localization of rare-earth magnets manufacturing for wind power plants generators. The first sets of magnets have been manufactured and shipped to the customer.

In total, the contract between Elemash Magnit LLC (an enterprise of TVEL Fuel Company of Rosatom in Elektrostal, Moscow region) and Red Wind B.V. (a joint venture of NovaWind JSC and the Dutch company Lagerwey) foresees manufacturing and supply over 200 sets of magnets. One set is designed to produce one power generator.

“The project includes gradual localization of magnets manufacturing in Russia, decreasing dependence on imports. We consider production of magnets as a promising sector for TVEL’s metallurgical business development. In this regard, our company does have the relevant research and technological expertise for creation of Russia’s first large-scale full cycle production of permanent rare-earth magnets,” commented Natalia Nikipelova, President of TVEL JSC.

“NovaWind, as the nuclear industry integrator for wind power projects, not only made-up an efficient supply chain, but also contributed to the development of inter-divisional cooperation and new expertise of Rosatom enterprises. TVEL has mastered a unique technology for the production of magnets for wind turbine generators. These technologies will be undoubtedly in demand in other areas as well,” noted Alexander Korchagin, Director General of NovaWind JSC.

For reference:

TVEL Fuel Company of Rosatom incorporates enterprises for the fabrication of nuclear fuel, conversion and enrichment of uranium, production of gas centrifuges, as well as research and design organizations. It is the only supplier of nuclear fuel for Russian nuclear power plants. TVEL Fuel Company of Rosatom provides nuclear fuel for 73 power reactors in 13 countries worldwide, research reactors in eight countries, as well as transport reactors of the Russian nuclear fleet. Every sixth power reactor in the world operates on fuel manufactured by TVEL. www.tvel.ru

NovaWind JSC is a division of Rosatom; its primary objective is to consolidate the State Corporation's efforts in advanced segments and technological platforms of the electric power sector. The company was founded in 2017. NovaWind consolidates all of the Rosatom’s wind energy assets – from design and construction to power engineering and operation of wind farms.

Overall, by 2023, enterprises operating under the management of NovaWind JSC, will install 1 GW of wind farms. http://novawind.ru

Elemash Magnit LLC is a subsidiary of Kovrov Mechanical Plant (an enterprise of the TVEL Fuel Company of Rosatom) and its main supplier of magnets for production of gas centrifuges. The company also produces magnets for other industries, in particular, for the automotive

industry. The production facilities of Elemash Magnit LLC are located in the city of Elektrostal, Moscow Region, at the site of Elemash Machine-Building Plant (a nuclear fuel fabrication facility of TVEL Fuel Company).

Rosatom is a global actor on the world’s nuclear technology market. Its leading edge stems from a number of competitive strengths, one of which is assets and competences at hand in all nuclear segments. Rosatom incorporates companies from all stages of the technological chain, such as uranium mining and enrichment, nuclear fuel fabrication, equipment manufacture and engineering, operation of nuclear power plants, and management of spent nuclear fuel and nuclear waste. Nowadays, Rosatom brings together about 350 enterprises and organizations with the workforce above 250 K. https://rosatom.ru/en/

U.S. Added Less New Wind Power in 2021 Than the Previous Year — Here’s Why

Airborne Wind Energy Developer Kitemill Prepares for 24HOUR Operation and Multi-Device Demonstrations

Vietnam's Largest Wind Power Plant Starts Operational

Developer Lines up Support for Vietnam Wind Build

Vietnam Plans to Double Wind Power Generation by 2030

Trung Nam Group Inaugurates Wind Power Plant in Vietnam

U.S. Department of State

Diplomacy in action.

UNCLASSIFIED (U)

Domestic Employee TEleworking Overseas (DETO)

(CT:PER-1180;   03-22-2024) (Office of origin:  GTM/ER/WLD)

3 FAM 2371  DETO PROGRAM

3 FAM 2371.1  Purpose

(CT:PER-971;   01-09-2020) (State Only) (Applies to Foreign Service and Civil Service Employees)

The Department’s purpose is to establish policy in compliance with OPM regulations governing telework (5 CFR 531.605(d)(2)); standardize teleworking of domestic employees abroad; bridge the gap between technology and business needs; assist with the challenge of keeping families together; and retain skilled workers.

3 FAM 2371.2  Definitions

(CT:PER-1180;   03-22-2024) (State Only) (Applies to Foreign Service and Civil Service Employees)

Domestic Employee Teleworking Overseas (DETO):   A U.S. Government direct-hire employee or a U.S.-based Personal Services Contractor (PSC) assigned to a domestic position, teleworking from an overseas location for a limited period of time.  Although the domestic employee is not assigned or detailed to the overseas location, the DETO’s duty station will be temporarily changed to reflect the overseas alternate worksite for the duration of the DETO arrangement.  A DETO is distinct from a Limited Noncareer Appointment (LNA) or a Hard-to-Fill arrangement.

DETO Agreement: An official agreement documenting the terms and conditions of the DETO arrangement.

Domestic partner:   A domestic partner for purposes of this subchapter means a domestic partner as defined in 3 FAM 1610 .

Employing bureau:   The bureau to which the DETO is officially assigned and which owns the FTE. 

Host bureau:   The regional bureau that has authority over the location in a foreign country where the DETO is living.

Independent DETO:   An employee not included on orders of a U.S. Government sponsoring employee.  Due to the expanded risks of independent DETO arrangements, Department of State policy prohibits independent DETO arrangements for its employees.  However, policies of other Executive Branch agencies may allow for DETO arrangements as long as they comply with requirements outlined in 6 FAH-5 H-352.12 and 2 FAH-2 H-113.1 .

International Cooperative Administrative Support Services (ICASS) costs:   Costs that cannot be directly attributed to an agency and are distributed via ICASS as either post-obligated costs or non post-obligated costs (refer to 6 FAH-5 H-352.12 , Domestic Employees Teleworking Overseas).  ICASS costs, if applicable, must be discussed in advance and incorporated into the DETO Agreement.

Official Worksite:   The official worksite for a DETO is the place where they are is approved to work domestically on a regular basis.

Overseas Alternate Worksite:   Also referred to as the overseas duty station.  The approved overseas location, which is usually the overseas residence (home), is the site from which the employee will perform the duties of their domestic position through telework via the DETO arrangement.  In some circumstances, unclassified work may not be conducted from the overseas residence, in which case the sponsoring bureau may need to pay for workspace at the Embassy or Consulate if available ; see 3 FAM 2371.12 .  If the DETO will be working from a residence not provided by the mission, a separate agreement must be signed with the individual or organization paying for the residence on security and safety standards.

Sponsored DETO:   A U.S. Government direct-hire employee or PSC who is the spouse of a sponsoring employee assigned overseas and is on the U.S. Government orders of this sponsoring employee.  A Department of State DETO must be on the U.S. Government orders of a sponsoring employee assigned overseas.

Sponsoring Employee:   Either 1) a Direct-Hire Foreign Service or a Direct-Hire Civil Service employee who is or will be assigned (not TDY) to a U.S. mission abroad under Chief of Mission (COM) authority or an office of the American Institute in Taiwan, or 2) a DoD employee or uniformed service member who is or will be assigned (not TDY) to a military base or U.S. mission abroad.

3 FAM 2371.3  Eligibility

a. A DETO arrangement is not an employee entitlement but rather a limited-duration workplace flexibility option that the Department may consider to allow direct-hire U.S. Government employees and U.S.-based PSCs who are assigned to domestic positions to accomplish the duties of their position from a foreign country.

b. A DETO arrangement is not a reasonable accommodation.  An employee with a disability seeking telework as a reasonable accommodation, a change in the work environment to enable the employee to perform the essential functions of their job, should follow procedures outlined in 3 FAM 3670 and contact the Office of Accessibility and Accommodations (GTM/OAA).  A reasonable accommodation may be afforded the employee with a disability once they reach the location for their DETO assignment.

c.  Foreign Service and Civil Service Employees eligible for DETO agreements include:

(1)  Tenured Foreign Service Officers assigned to domestic positions;

(2)  Full and part-time Civil Service employees and employees on Job Share arrangements;

(3)  Reemployed Annuitants (REA) with valid and active contracts;

(4)  Employees with supervisory duties ;

(5) U.S.-based Personal Services Contractors (PSCs).

d. Employees ineligible for DETO agreements include:

(1)  Foreign Service Officers on Y Tours;

( 2 )  Political Appointees and personnel on Schedule C Appointments.

( 3 )  Employees whose duties include reporting on or playing any substantive role in the policy or administrative issues pertaining to the country from which the DETO would telework;

e. A DETO arrangement may be available in certain circumstances to a Civil Service or Foreign Service employee accompanying their sponsoring employee on a U.S. Government assignment to an overseas location, where the following eligibility conditions are met:

(1)  Positions that may require non-routine or intermittent access to, and/or handling of classified materials may be eligible for a DETO arrangement, provided that the DETO agreement reflects the need for access to a CLASSNet terminal, including any ICASS cost implications of this access.

(2)  Positions that require frequent or routine access to, and/or the handling of, classified materials, and/or require a work station equipped with CLASSNet, are generally ineligible for a DETO arrangement.  However, if space is available, and if there is a compelling justification by the employing bureau to allow the DETO arrangement, the DETO must be located at an embassy, consulate, or a mission to an international organization and applicable security standards must be met; in these cases, the employing bureau must cover any support costs required to make such arrangements available to the DETO and include this information in the DETO Agreement.  If, in very rare situations, the classified portion of the portfolio is removed to allow for the DETO arrangement, the DETO may be considered to telework at an alternate worksite, such as the employee's residence (home) in country, as opposed to being restricted to the embassy, consulate, or mission.

(3)  DETO arrangements at posts or in countries that are unaccompanied or partially unaccompanied, or where an authorized or ordered departure is in effect or comes into effect, are prohibited.  This prohibition does not include those partially unaccompanied posts that already allow adult EFMs regardless of their employment status.  DETOs are prohibited from going to the DETO location or remaining in the DETO location unless the Under Secretary of State for Management (M) waives the prohibition in accordance with procedures described in Waivers of Travel Prohibitions ( 3 FAM 3776 ).  Waivers for unaccompanied posts will only be granted in unusual or compelling circumstances.

3 FAM 2371.4  Establishing a DETO Arrangement

The steps for establishing a DETO arrangement are outlined below.  For more detailed policy guidance, refer to DETO Standard Operating Procedures on the DETO intranet site.

(1)  Employee obtains approval from supervisor and confirms associated costs or restrictions (if any) on DETOs with host bureau's Post Management Officer for the overseas location, see 3 FAM 2371.12 ;

(2)  Employee obtains approval from employing bureau Executive Director;

(3)  In conjunction with supervisor and bureau Human Resources Specialist/Telework Coordinator, employee prepares draft DETO Agreement using the State Department DETO Agreement template as a guide;

(4)  All DETO Agreements must be reviewed and signed by the following individuals in this order:

(a)  The employee;

(b)  The supervisor;

(c)  The employing bureau Executive Director;

(d)  The host bureau Executive Director (if different than the employing bureau); and

(e)  The post Management Counselor or their other designated post management official.

(5)  For Foreign Service personnel the employing bureau must submit the completed DETO application package with requisite signatures to GTM/CDA for review and approval;

(6)  After all required signatures and documents have been obtained for the DETO Agreement, the employing bureau (or host bureau, if applicable) must submit justification and documentation to the Policy and Global Presence Directorate in the Office of Management Strategy and Solutions (M/SS) through the NSDD 38 web application for review and  process the NSDD 38 action to Post to formally obtain Chief of Mission approval (for DETO arrangements of 365 days or more).  Alternatively, the employing bureau (or host bureau, if applicable) must request Chief of Mission approval via eCountry Clearance (for DETO arrangements lasting fewer than 365 days);

(7)  A DETO arrangement cannot begin until it has received all required official approvals, including all required signatures for the DETO Agreement and COM approval via NSDD 38 or eCountry Clearance approval, as applicable;

(8)  Foreign Service and Civil Service employees who are new to the position for which they will have a DETO arrangement are generally allowed a maximum of two full pay periods for consultation purposes to work in the position domestically with the domestic supervisor.  During that consultation period, they qualify for domestic locality pay prior to the change in duty station to an overseas location.  A Foreign Service DETO must complete a Form DS-1707 to effect themself into the position;

(9) Employees who are approved for DETO arrangements may continue working at their official worksite, i.e., Washington, DC, with the employing bureau’s approval, while their sponsoring employee remains domestically assigned, e.g., working prior to departure or in pre-deployment training.  Alternatively, DETOs may request personal leave or LWOP for any period prior to the start of the DETO arrangement, in accordance with relative policies;

(10) When reporting for duty at the overseas location, the DETO is required to notify the supervisor/timekeeper and employing bureau HR Specialist/DETO coordinator of the effective start date of the DETO arrangement for processing the SF-50, Notification of Personnel Action, documenting the change in duty station to the overseas location;

(11) Additionally, the DETO must complete Form DS-1963, Home Safety Checklist found in 3-FAH-1 Exhibit H-2361.2(3), upon arrival at the overseas alternate worksite, including any temporary housing arrangements from which the employee will be teleworking, if applicable.  It is the responsibility of the DETO to provide the completed form to the employing bureau telework coordinator no later than 30 days after beginning the overseas DETO arrangement; and

(12) DETO Requirements for Anti-Nepotism Reviews:

(a)  If the proposed DETO arrangement involves the relative, as defined at 3 FAM 8323 (a)(1), of the COM (or an individual serving as COM), the DETO candidate and employing bureau must follow certain additional steps and obtain additional approvals.  See 3 FAM 2371.8 for more information; and

(b)  The employing bureau will need to submit an Anti-Nepotism Review (ANR) request, if applicable, to either GTM/CDA, if Foreign Service, or GTM/CSTM, if Civil Service, using the DETO Application Checklist form instructions.  Refer to 3 FAM 8327 for the policy which stipulates that an ANR is required before a DETO candidate is permitted to work at the same post as their sponsoring employee, when the DETO candidate’s sponsoring employee is the Chief of Mission, Deputy Chief of Mission, Principal Officer, Deputy Principal Officer, or where any elements of the “Prohibited Conditions” listed in 3 FAM 8326 might appear to potentially exist.  The employing bureau should consult 3 FAM 8320 to determine whether a review is required.

3 FAM 2371.5  Conditions of a DETO Arrangement

(CT:PER-1055;   08-11-2021) (State Only) (Applies to Foreign Service and Civil Service Employees)

a. A DETO arrangement cannot begin until all required official approvals have been obtained, including all required signatures on the DETO Agreement and COM approval via NSDD 38 or eCountry Clearance process.

b. Employees and supervisors must adhere to the Department’s telework guidelines set forth in 3 FAM 2360 .

c.  DETOs must receive work requirements, standard mid-year progress reviews, and appropriate annual performance appraisals or evaluations from their supervisors in their employing bureaus in accordance with applicable regulations set forth in 3 FAM 2820 for Civil Service employees and 3 FAM 2810 for Foreign Service employees.

d. Evaluations for DETOs are subject to the established inadmissible comments outlined in the FAM sections cited above.  In addition, reference to telework or a DETO as it implies or references, indirectly, spouse or family, is an inadmissible comment on Civil and Foreign Service evaluations.

e. A DETO Agreement must be reviewed by the employee’s employing bureau supervisor on a semiannual basis to ensure that it meets the needs of the office and the employee.

f.  DETOs must follow standard Department policies and procedures for requesting and using leave.  DETOs are obligated to regularly communicate with the employing bureau timekeeper to assure that leave and regular duty hours are properly reported to avoid over-payments or under-payments.

3 FAM 2371.6  Termination of a DETO Arrangement

a. The duration of a DETO arrangement may not exceed the initial overseas assignment duration of the sponsoring employee.  Additional time may be requested by presenting an amended DETO agreement and seeking permission from the Chief of Mission through the NSDD 38 approval process.  This DETO re-approval process also applies in cases where the sponsoring employee has had their posting extended through an amendment of orders. The duration for a DETO arrangement and an NSDD 38 action for FS employees must reflect the duration of the domestic assignment and/or paneling.  The DETO may request an extension for a desired period in order to align their DETO arrangement period with the end date of their sponsor’s tour by attaching an addendum and eCC or NSDD 38 approval to their original DETO Agreement.  For FS DETOs, requests must be in compliance with normal extension guidelines for domestic assignments.

b. An employing bureau supervisor may cancel or amend the DETO Agreement by providing written justification based on the needs of the office or due to performance issues at any time with prior notification of at least two (2) pay periods.

c.  A DETO may cancel a DETO Agreement at any time with prior notification to their supervisor of at least two (2) pay periods.  Once so notified by the employee, the supervisor must notify the bureau DETO coordinator, who is in turn responsible for notifying M/SS to ensure that the NSDD 38 action is terminated. An employee may also request an adjustment of the employee’s DETO Agreement by providing a written justification to their employing bureau supervisor for consideration and approval.

d. Upon termination of a DETO arrangement, the employee is generally expected to return to the official worksite to perform the duties of their position from that domestic location.  The employing bureau should provide next steps and options for the employee to explore including:

(1)  Consulting with GTM/CDA if Foreign Service;

(2)  Consulting with GTM/CSTM if Civil Service;

(3)  Possible employment options at post; and

(4)  Leave including extended Leave Without Pay.

    In addition, if the employee intends to resign from their Civil Service position and if all of the eligibility requirements are met, an Appointment Eligible Family Member (AEFM), as defined in 3 FAM 7120 , may apply for conversion to the Foreign Service Family Reserve Corps (FSFRC).  If the employee chooses to resign, reinstatement is an option, as it is for any Civil Service career and career-conditional employees who leave their Civil Service position to accompany a Foreign Service employee or military member on government assignments abroad.

e. The employee is required to notify the supervisor/timekeeper and employing bureau HR Specialist/DETO coordinator of the effective end date of the DETO arrangement for purposes of effecting the SF-50, Notification of Personnel Action, documenting the change in duty station or resignation.

3 FAM 2371.7  The DETO’s Official Status Overseas

a. DETOs may qualify for privileges and immunities (Ps & Is), depending on the accreditation of the sponsoring employee, as described in 2 FAM 221 .  The COM, in consultation with the Department, will weigh and analyze potential risks to the employee, the work the employee performs, and the interests of the U.S. Government before the COM will grant approval for the DETO, as described in 3 FAM 2371.8 .  Local laws may apply to the employee’s work, and the Department, post, and employee must ensure appropriate compliance with any such laws before the COM will approve the activity, as described in 3 FAM 2371.8 .

(1)  Will be included on the sponsoring employee's permanent-change-of-station (PCS) orders, which will authorize U.S. Government-funded travel and relocation benefits for the DETO consistent with those normally provided an Eligible Family Member (EFM) at the relevant post;

(2)  Will be reported to the host government as the spouse or domestic partner of an accredited and accepted diplomatic agent or member of the mission’s official administrative and technical staff, representative to an international organization, DOD civilian employee, military member, consular officer, or consular employee, as appropriate, and will derive any and all applicable privileges and immunities accordingly;

(3)  Will not be eligible for any allowance benefits or payments in their own right.  Any eligibility for allowance benefits or payments is only derived from the sponsoring employee without exception.  If the DETO meets the relevant eligibility criteria, they may receive all benefits normally afforded to EFMs who are not employed in a local position at post but will not receive any benefits provided through family member appointment (FMA) or personal service agreement (PSA) employment.  The benefits for which the DETO may be eligible include, for example:

(a)  Access to the Department’s medical program, including evacuation coverage;

(b)  Pouch and mail facilities, including APO/FPO;

(c)  Rest & Recuperation travel;

(d)  Home leave travel;

(e)  Emergency visitation travel (EVT); and

(f)   Community liaison office (CLO) services;

(4)  All DETOs must adhere to applicable Overseas Security Policy Board (OSPB) Standards set forth in 12 FAH-6.

(5)  Approved DETO Arrangements are subject to 6 FAH-5 H-352.12 .  In addition, pursuant to The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986 (Public Law 99-399 (22 U.S.C. 4801, et seq.), as amended, and the President’s Letter of Instruction, the Secretary of State and the COM are responsible for developing and implementing policies and programs that provide for the protection of all U.S. Government personnel on official duty abroad, including DETOs.  Agencies with employees under COM authority must ensure employees, including DETOs, comply with security and all other directives of the COM. The Regional Security Officer (RSO) is responsible for determining on a case-by-case basis the security requirements for DETO employees at post (per 6 FAH H-352.12 paragraph b(2)).

3 FAM 2371.8  Chief of Mission Authority

(CT:PER-1124;   03-28-2023) (State Only) (Applies to Foreign Service and Civil Service Employees)

a. As U.S. Government executive branch employees, DETOs are subject to COM authority while teleworking overseas.  DETOs will not be included in post’s staffing pattern or considered part of post’s regular staffing complement.  The COM must be notified and agree to the DETO’s employment arrangements through NSDD 38, eCC, or other country clearance procedures prior to the DETO beginning work from the foreign location.

b. Because DETOs are subject to Chief of Mission Authority at their overseas worksite, proposed DETO arrangements involving a relative, as defined at 3 FAM 8323 (a)(1), of the COM (or an individual serving as the COM) require additional approvals if the COM has resumed duties at post.  The Under Secretary for Management (M) must approve the overall arrangement, including any issues also considered as part of the NSDD 38 or country clearance process, to ensure compliance with the Department’s nepotism policies.  Notwithstanding the prohibitions in 3 FAM 8326 (c), once M’s approval of the arrangement has been obtained, the NSDD 38 cable may be released to post to also obtain COM final approval.  Refer to the Department’s DETO SOPs for specific steps.

c.  Per 3 FAM 2371.3 (d)(4), positions with duties or responsibilities that report on or play any role in policy or administrative issues pertaining to the country in which the DETO duty station is located are ineligible for DETO arrangements. This prohibition is intended to address a number of concerns that may arise if a DETO were to be involved in matters relating to the host country, including potential foreign relations issues with the host country, possible lack of immunity for acts done on behalf of the United States and/or archival inviolability of the DETO’s work product, anti-nepotism concerns, and possible issues relating to the DETO’s accreditation, status, and ability to work in the host country.

d.  If the COM, the employing bureau, and/or the relevant regional bureau(s) assess that the DETO arrangement could raise foreign relations issues or any other concerns described in 3 FAM 2371.8 (c), whether due to the DETO's duties relating to the region, a nexus between the DETO's duties and the host country’s policies, or other issues (e.g., concerning other countries or regions that may pose a conflict of interest), or any other factor, the DETO  justification must be sufficient to address such concerns.  The justification must be included in the NSDD 38 web-application or eCC request that will require official approval by COM.

3 FAM 2371.9  Medical Program and Medical Travel

a. DETOs meeting the eligibility requirements for participation in the Medical Program pursuant to 16 FAM 120 must be issued a medical clearance appropriate for an EFM for the post at which they will be physically residing pursuant to the DETO arrangement, in accordance with 16 FAM 200.

b. DETOs meeting the eligibility requirements for participation in the Medical Program pursuant to 16 FAM 120 are eligible for medical travel.  (If a DETO’s sponsoring employee works for a U.S. federal government entity that does not fund medical evacuations, the DETO must provide documentation to the Bureau of Medical Services (MED) that they have personal medical evacuation insurance.)

3 FAM 2371.10  Duty Station

a. A DETO remains assigned to Washington, DC (or the official domestic worksite if other than Washington, DC) but the duty station/location code for the employee must change to reflect the overseas duty station (overseas alternate worksite) where the employee is physically working abroad.  Refer to 3 FAM 2371.13 , Pay, Virtual Locality Pay, and Holidays.

b. The overseas duty station (overseas alternate worksite) must be documented on an employee’s Form SF-50, Notification of Personnel Action, by the employing bureau HR Specialist or DETO Coordinator.  For guidance on updating positions and documenting duty station changes on an individual record, please refer to the Office of Personnel Management’s Guide to Processing Personnel Actions.

3 FAM 2371.11  Work Station Arrangements

If work station arrangements include office space at the embassy or consulate, at a military base, or at a mission to an international organization, the arrangements, including extra costs if any, must be established between the employing bureau, post, and the workspace provider (e.g., embassy) on a case-by-case basis.  These arrangements must be defined in Sections 3 and 9 of the DETO Agreement and/or in an addendum to the agreement to include specific work location (home or diplomatic post), equipment, funding, phone, fax, copier use, etc.  Unless such work station arrangements are specifically addressed in the DETO Agreement or an Addendum to the DETO Agreement, and in an approved NSDD 38 justification or eCC, DETOs may not perform the duties of their position from office space at the embassy or consulate, at a military base, or at a mission to an international organization.

3 FAM 2371.12  International Cooperative Administrative Support Services (ICASS) Costs

a. When applicable, the employing bureau must fund through subscription to relevant International Cooperative Administrative Support Services (ICASS) any costs necessary to support the DETO’s official duties (see 6 FAH-5 Exhibit H-352.12) .  Projected ICASS expenses should be kept to a minimum.  Projected costs and bureau funding sources should be included in the DETO Agreement.  Otherwise, DETOs receive the same ICASS support provided to other EFMs who are approved to be at post and who are not employed in a local position at post.  For policy requirements, refer to 3 FAM 2371.4 , Establishing a DETO Arrangement.

b. Telework Agreements are generally cost-neutral arrangements.  DETO employees have access to the same ICASS services as EFMs who are not employed in a local position at post and whose benefits are derived solely from the sponsoring employee's agency (e.g., official status in country, access to health services, etc.); these costs are included on the sponsoring agency's invoice.  When there are additional ICASS costs directly related to the DETO, such as an arrangement for office space in an Embassy or Consulate, the DETO’s domestic Bureau must agree to fund those ICASS charges and other additional expenses which will be invoiced to the domestic Bureau.  For more details, see 6 FAH-5 H-352.12 .

3 FAM 2371.13  Pay, Virtual Locality Pay, and Holidays

DETO pay will be determined by the Foreign Service or Civil Service pay scale. 

a. Civil Service DETO employees are eligible for location-based comparability pay in accordance with Section 9717 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263). Under this authority, Civil Service DETOs will receive location-based comparability pay that is equal to the lesser of the following:

(1) The locality pay the employee would have received had they not moved overseas as a DETO; or

(2) The current rate of Overseas Comparability Pay (OCP) paid to eligible Foreign Service employees working overseas, including Foreign Service employees on DETO arrangements.

b. The location-based comparability pay granted to Civil Service DETOs per Section 9717 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263) applies to members of the Civil Service only.  However, the contracts of PSCs who are approved for DETO arrangements may be amended to include specific language permitting locality pay commensurate with Civil Service DETOs.  

c. Foreign Service employees working on DETO arrangements will be paid based on the overseas Foreign Service pay scale, which includes Overseas Comparability Pay.

d. Virtual locality pay is applicable for Foreign Service employees (FS-01 and below) on a DETO arrangement for retirement purposes only.

e.  DETOs are only entitled to U.S. holidays and are expected to work during regular duty hours or use leave (for example, annual leave or leave without pay) or previously earned credit hours or compensatory time off on local holidays of the host country/post and during U.S. Government office closures/emergencies, (e.g., OPM closure announcements for Washington, DC area offices).  DETOs are not entitled to premium pay or compensatory time when working on a local holiday.

f. If the alternate worksite is the embassy and it is closed due to a local holiday, the DETO must work from another worksite approved by the employing bureau supervisor and Regional Security Officer (RSO) and documented in the DETO Agreement or use annual leave, leave without pay (LWOP), or previously earned credit hours or compensatory time off.

g. The DETO is required to follow the Department’s standard domestic policy and procedures for requesting and using leave and relating to time and attendance and must regularly communicate each pay period with their employing bureau supervisors and timekeepers on these matters.

h.  Premium Compensation/Overtime:  All overtime must be ordered and approved in writing and in advance.  DETOs are subject to the overtime and premium compensation regulations and FAM provisions applicable to their positions (see 5 CFR 550 and 5 CFR 551; 3 FAM 2333 , 3 FAM 2336 , and 3 FAM 3133 ).

3 FAM 2371.14  Allowances and Differentials

In accordance with the government-wide Department of State Standardized Regulations (U.S. Government Civilians, Foreign Areas) (DSSR) Definition 040s and Applicability (DSSR 031.8):

(1)  DETOs are not eligible to receive allowances under the DSSR in their own right; and

(2)  The sponsoring employee of the DETO may be eligible for such allowances at a level of payment that accounts for the DETO's presence in country when those allowances are based on family size.

3 FAM 2371.15  Travel/Training

a. All personnel preparing to enter a DETO arrangement will complete or receive a waiver of all required overseas personal security training prior to their travel, including, when applicable, Foreign Affairs Counterterrorism Training (FACT) and the Counter Threat Awareness Training (CTAT) (previously High Threat Security Overseas Seminar (HTSOS)), in accordance with 13 FAM 301.4-2 and 13 FAM 301.4-3 . 

b. All DETO employees traveling on official business away from the duty station reflected on their Form SF-50 as part of the DETO position’s duties are eligible for TDY travel in the same manner as any other employee.

c.  Employing bureaus should, whenever possible, minimize TDY travel for DETOs.  Alternate communication technologies, such as video calls, conference calling, and other appropriate communication technologies, should be used to the greatest extent possible to minimize TDY travel.

d. Any travel expenses (e.g., per diem) must be documented in an official travel authorization issued by the owning bureau.

e. Distance Learning options generally exist and should be used as the first option to meet training needs.

3 FAM 2371.16  Workers' Compensation

The DETO may be eligible for Workers' Compensation benefits for disability or death resulting from injury sustained in the performance of duty under the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP) when qualifying criteria are met under the Federal Employees' Compensation Act (FECA).  Eligibility is set forth in 3 FAM 3630 .

3 FAM 2371.17  Eight Year Limits on Continuous Domestic Assignment Rule – Foreign Service Tandems

(CT:PER-1055;   08-11-2021) (State Only) (Applies to Foreign Service Employees Only)

If the employee on a DETO arrangement is a member of the Foreign Service, time spent on the DETO does count as overseas service for the purposes of the eight- year limit on continuous domestic service.  Waivers of this rule require approval from the Director General.  Please refer to GTM/CDA SOP A-4 for more information on the waiver process.

3 FAM 2371.18  Home Leave and Rest and Recuperation Travel (R&R)

DETOs derive home leave travel and rest and recuperation travel benefits from their spouse or domestic partner (as defined in 3 FAM 1610 ).  Therefore, a Foreign Service DETO does not accrue home leave during the DETO assignment.  In addition, a Foreign Service DETO may not charge the home leave travel to their own home leave account.  The leave options generally available for home leave travel and R&R travel are annual leave and leave without pay, which must be coordinated with the DETO's home bureau.  DETOs may also use any previously earned credit hours or compensatory time off that is not required to be forfeited upon departure from post during home leave travel and R&R travel.

3 FAM 2372  THROUGH 2379  UNASSIGNED