PRIA, Government Policy, Made Personal

Summary

Agency heads may pay money to a current or former foreign national employee (or someone hired under a personal services contract) who was imprisoned by a foreign government when the Secretary of State decides the imprisonment happened because of the person’s U.S. employment. For CIA employees, the Director of Central Intelligence decides. Payments cannot be more than what the agency head thinks equals the salary and benefits the person would have gotten while imprisoned. The Secretary of State sets the rules for how payments are made. Agency heads may use the same authorities they have under subchapter VII of chapter 55 of title 5, as long as those fit this rule. Time spent imprisoned that is paid under this rule counts as government employment time for other benefits, except it is not creditable for subchapter III of chapter 83 of title 5 unless that subchapter says so, and it is not creditable for subchapter I of chapter 81 of title 5 unless the person was employed when imprisoned. Claims must be filed within 3 years after the imprisonment ended or within 3 years after the claimant’s first opportunity to file, as the agency head decides. The Secretary of State may write regulations that apply to all agencies about these payments.

Title 22, §3970

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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.

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.

§3970 Compensation for Imprisoned Foreign National Employees

Summary

Title 22, §3970

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Citations & Metadata