(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.
The Secretary of State may prescribe regulations governing payments under this section by all agencies and other Government establishments.
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) ofPub. L. 108–458, set out as a note under section
401 of Title
50, War and National Defense.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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