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Title 22 — Foreign Relations and IntercourseRelease 119-73not60

§3970 Compensation for Imprisoned Foreign National Employees

Title 22 › Chapter 52— FOREIGN SERVICE › Subchapter IV— COMPENSATION › § 3970

Last updated Apr 5, 2026|Official source

Summary

Agency heads can pay current or former foreign national employees, including those hired under personal services contracts, if a foreign government locked them up and the Secretary of State (or the Director of Central Intelligence for CIA employees) decides the imprisonment happened because of their U.S. work. Payments can’t be more than the salary and benefits the person would have received for the time they were jailed. The Secretary of State sets the payment terms. Agency heads have the same powers they have under subchapter VII of chapter 55 of title 5, so long as those powers follow this rule. Time spent in prison that is paid under this rule counts as government employment for other benefits, except it does not count for subchapter III of chapter 83 of title 5 unless that subchapter says it does, and it does not count for subchapter I of chapter 81 of title 5 unless the person was employed by the Government when imprisoned. Claims must be filed within 3 years after the imprisonment ends or within 3 years after the claimant first had a chance to file, as the agency head decides. The Secretary of State can make rules for how all agencies handle these payments.

Full Legal Text

Title 22, §3970

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)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)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)The Secretary of State may prescribe regulations governing payments under this section by all agencies and other Government establishments.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.

Reference

Citations & Metadata

Citation

22 U.S.C. § 3970

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 5, 2026

Release point: 119-73not60