3 FAM 3750
TRAVEL OF CHILDREN OF SEPARATED FAMILIES
(CT:PER-923; 09-20-2018)
(Office of Origin: HR/ER/WLD)
3 FAM 3751 PURPOSE
(CT:PER-923; 09-20-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Only)
This section provides the legal and regulatory basis for
payment of one round trip per year to enable each child below age 21 of a
member of the Foreign Service stationed abroad to visit his or her parent(s).
The term separated means separated by distance and does not necessarily refer
to the parents status as spouses.
3 FAM 3752 AUTHORITY
(CT:PER-923; 09-20-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Only)
a. Section 901 of the Foreign Service Act of 1980 (22
U.S.C. 4081), including 22 U.S.C. 4081(15), which allow the Secretary to pay for, "1
round trip per year for each child below age 21 of a member of the Service
assigned abroad:
(1) to visit the member abroad if the child does not
regularly reside with the member and the member is not receiving an education
allowance or educational travel allowance for the child under section 5924(4)
of title 5, United States Code (5 U.S.C. 5924(4));
or
(2) to visit the other parent of the child if the other
parent resides in a country other than the country to which the member is
assigned and the child regularly resides with the member and does not regularly
attend school in the country in which the other parent resides, except that a
payment under this paragraph may not exceed the cost of round-trip travel
between the post to which the member is assigned and the residence of the other
parent, or between the post to which the member is assigned and the residence
of the child if the child does not reside with a parent."
3 FAM 3753 ELIGIBILITY FOR TRAVEL
3 FAM 3753.1 Children Eligible
(CT:PER-923; 09-20-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Only)
Eligibility for this travel extends to children as defined
in 14 FAM 511.3
(eligible family membersEFMs), except that children under legal guardianship
need not be normally residing with the employee at post. Accordingly:
(1) Natural children, stepchildren, adopted children,
and children under legal guardianship or comparable permanent custody
arrangement of a Foreign Service member when the child does not regularly
reside with the member, are authorized visitation travel to post under section 3 FAM 3751 and section 901(15)(A) of the Foreign Service
Act of 1980 (22 U.S.C. 4081(15)(A));
(2) Natural children, stepchildren, adopted children,
and children under legal guardianship or comparable permanent custody
arrangement of a Foreign Service employee who are living with the member at
post are authorized visitation travel to visit the other parent or guardian if
that parent or guardian regularly resides in another country where the child
does not regularly attend school under section 3 FAM 3752 and
section 901(15)(B) of the Foreign Service Act of 1980 (22 U.S.C. 4081(15)(B));
(3) Stepchildren are eligible for visitation travel
only if the spouse or domestic partner (as defined in 3 FAM 1610)
parent (whether adoptive or natural) is residing at post with the Foreign
Service member; and
(4) Children under the legal guardianship of an
employee or spouse, or domestic partner (as defined in 3 FAM 1610), or
comparable permanent custody arrangement, are eligible for visitation travel
from the members post of assignment abroad to visit a natural parent only when
a court has ordered visitation rights.
(5) Natural children, stepchildren, adopted children,
and children under legal guardianship or comparable permanent custody
arrangement of a Foreign Service member are authorized visitation travel during
the member's assignment (including long-term TDY)
to an unaccompanied post regardless of whether they regularly reside
with the employee under other circumstances, as authorized by 3 FAM 3752 and
section 901(8) of the Foreign Service Act (22 U.S.C. 4081(8)). Travel may be
authorized under this subparagraph regardless of whether the member is
receiving an education allowance or educational travel allowance for the
child. Visitation by eligible children will be made to an alternate
destination abroad as outlined in 3 FAM 3753.
3 FAM 3753.2 Tandem Couples
(CT:PER-923; 09-20-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Only)
a. If both parents of an eligible child are members of
the Foreign Service with one posted in the United States and one posted abroad,
the member assigned abroad initiates the request for travel as specified in 3 FAH-1 H-3750.
b. When both parents are posted abroad, either member
(not both) may request issuance of travel orders, but children are limited to
one round trip per year.
c. When the parent employees are from different
agencies, either agency may issue the travel orders. Normally, the agency
issuing the orders will bear the full cost of travel.
d. There may be situations where it would be
appropriate for the two posts to negotiate a sharing of the costs or for the
posts to alternate responsibility for payment of the travel cost from 1 year to
the next.
3 FAM 3753.3 Separate Maintenance
Allowance
(CT:PER-923; 09-20-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Only)
The authorization for travel described in this subchapter
does not apply to dependents of employees who receive a voluntary separate
maintenance allowance, or to dependents who are otherwise ineligible for
visitation travel. Dependent/Children of employees who receive involuntary
separate maintenance allowance and are otherwise eligible under 3 FAM 3752 are
eligible for travel.
3 FAM 3753.4 Travel to Meet Member
Outside Post of Assignment
(CT:PER-923; 09-20-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Only)
a. Where travel is authorized pursuant to 3 FAM 3753.1,
travel may be authorized only to the post of assignment unless the post is
unaccompanied, partially unaccompanied, or is under authorized or ordered
evacuation orders. In such a case, the child may travel to meet the parent at
an alternate destination abroad with the cost not to exceed the cost of
round-trip travel between the residence of the other parent and the employees
post of assignment, or between the residence of the child if the child does not
reside with the other parent and the employees post of assignment.
b. Evacuation of a post does not automatically entitle
an employee to travel of children of separated families. The employee must
have been otherwise eligible for that benefit prior to the evacuation.
c. The travel must be at the lowest cost and on the
most direct and usually-traveled route and must conform to the spacing of trips
and scheduling requirements in 3 FAH-1 H-3751
and 3 FAH-1
H-3755 (see 3 FAH-1 H-3750).
3 FAM 3754 REPAYMENT OF TRAVEL
(CT:PER-923; 09-20-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Only)
The member shall repay the travel and transportation
expenses of a child's trip if it is determined subsequently that the child was
ineligible to travel under the provisions of 3 FAM 3753.
However, the employee is not required to refund the cost of the travel if after
visitation travel has taken place, a member is unable to complete the required
12-month qualifying period of service abroad because the employing agency:
(1) Transfers the employee to the United States at the
option and benefit of the agency;
(2) Transfers the employee to the United States for
compassionate reasons; or
(3) Separates the employee involuntarily.
3 FAM 3755 PROCEDURES AND GUIDELINES
(CT:PER-923; 09-20-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service Only)
Procedures and guidelines which must be followed when
implementing this subchapter are published in 3 FAH-1 H-3750.
3 FAM 3756 THROUGH 3759 UNASSIGNED