§ 3970. — Compensation for imprisoned foreign national employees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3970]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER IV--COMPENSATION
Sec. 3970. Compensation for imprisoned foreign national
employees
(a) Eligibility; rates of compensation; terms and conditions of payment;
applicability of powers under other statutory provisions
The head of any agency or other Government establishment (including
any in the legislative or judicial branch) may compensate any current or
former foreign national employee, or any foreign national who is or was
employed under a personal services contract, who is or has been
imprisoned by a foreign government if the Secretary of State (or, in the
case of a foreign national employed by the Central Intelligence Agency,
the Director of Central Intelligence) determines that such imprisonment
is the result of the employment of the foreign national by the United
States. Such compensation may not exceed the amount that the agency head
determines approximates the salary and other benefits to which the
foreign national would have been entitled had he or she been employed
during the period of such imprisonment. Such compensation may be paid
under such terms and conditions as the Secretary of State deems
appropriate. For purposes of this section, an agency head shall have the
same powers with respect to imprisoned foreign nationals who are or were
employed by the agency as an agency head has under subchapter VII of
chapter 55 of title 5 to the extent that such powers are consistent with
this section.
(b) Time spent imprisoned considered as period of employment
Any period of imprisonment of a current or former foreign national
employee which is compensable under this section shall be considered for
purposes of any other employee benefit to be a period of employment by
the Government, except that a period of imprisonment shall not be
creditable--
(1) for purposes of subchapter III of chapter 83 of title 5,
unless it is expressly creditable under that subchapter; or
(2) for purposes of subchapter I of chapter 81 of title 5,
unless the individual was employed by the Government at the time of
his or her imprisonment.
(c) Time of filing of claims
No compensation or other benefit shall be awarded under this section
unless a claim therefor is filed within 3 years after--
(1) the termination of the period of imprisonment giving rise to
the claim, or
(2) the date of the claimant's first opportunity thereafter to
file such a claim, as determined by the appropriate agency head.
(d) Regulations
The Secretary of State may prescribe regulations governing payments
under this section by all agencies and other Government establishments.
(Pub. L. 96-465, title I, Sec. 410, Oct. 17, 1980, 94 Stat. 2091.)
Section Referred to in Other Sections
This section is referred to in title 5 section 8332.
