compensation of alien employees

compensation of alien employees Sec. 402. (a) Subsection (b) of section 444 of the Foreign Service Act of 1946 (22 U.S.C. 889(b)) is amended by inserting “and any other establishments of the Government, including those in the legislative and judicial branches,” immediately after “Government agencies”. (b) (1) Such section 444 (22 U.S.C. 889) is further amended by adding the following new subsection at the end thereof: “(c) (1) The bead of any agency of the United States, including any agency of the legislative or judicial branch of the United States, may compensate any current or former alien employee, including an alien employee who worked 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 an alien employee of the Central Intelligence Agency, the Director of Central Intelligence) determines that such imprisonment is the result of the alien’s employment by the United States. Such compensation may not exceed an amount that such agency head determines approximates the salary and other benefits to which such employee or former employee would have been entitled had he or she remained employed during the period of such imprisonment, and may be paid under such terms and conditions as the Secretary of State deems appropriate. For purposes of making payments authorized by this subsection, the head of any such agency shall have the same powers with respect to imprisoned alien employees and such former employees as any head of an agency under the provisions of subchapter VII of chapter 55 of title 5, United States Code, to the extent that such powers are consistent with this paragraph. Any period of imprisonment of an alien which is compensable under this subsection shall be considered for purposes of any other employee benefit to be a period of employment by the United States Government, except that a period of imprisonment shall not be creditable— “(A) for purposes of subchapter III of chapter 83 of title 5, United States Code, unless the individual either— 91 STAT. 853 “(i) was subject to section 8334(a) of such title during the period of his or her Government employment last preceding the imprisonment; or “(ii) qualifies for annuity benefits under such subchapter III by reason of other service; or “(B) tor purposes of subchapter I of chapter 8 of title 5, United States Code, unless the individual was employed by the United States Government at the time of his or her imprisonment. “(2) No compensation or other benefit shall be awarded under paragraph (1) unless a claim therefor is filed within three years after— “(A) the date of the enactment of this subsection; “(B) the termination of the period of imprisonment giving rise to the claim; or “(C) the date of the claimant’s first opportunity to file such a claim, as determined by the appropriate agency head; whichever is later. “(3) The Secretary of State may prescribe regulations governing payments under this subsection for the guidance of all agencies.”. (2) The amendment made by paragraph (1) of this subsection shall apply with respect to all past, present, and future qualified employees, but no monthly compensation or annuity payment under title 5, United States Code, that may be approved by reason of such amendment shall be effective prior to the first day of the first month which begins on or after the date of enactment of this Act or October 1, 1977, whichever is later. Payments that may be authorized under such amendment, other than annuity or monthly compensation payments referred to in the preceding sentence, shall be paid from funds appropriated after such date of enactment for salaries and expenses.