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22 U.S.C. § 3386 — Taiwan fellows on detail from Government service

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3386 — Taiwan fellows on detail from Government service

**(a) In general** (1) **Detail authorized** — With the approval of the Secretary of State, an agency head may detail, for a period of not more than 2 years, an employee of the agency of the United States Government who has been awarded a fellowship under this subchapter, to the American Institute in Taiwan for the purpose of assignment to Taiwan or an organization described in [section 3384(d)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3384/d/2/B&num=0&edition=prelim). (2) **Agreement** — Each detailee shall enter into a written agreement with the Federal Government before receiving a fellowship, in which the fellow shall agree— (A) to continue in the service of the sponsoring agency at the end of fellowship for a period of at least 4 years (or at least 2 years if the fellowship duration is 1 year or shorter) unless the detailee is involuntarily separated from the service of such agency; and (B) to pay to the American Institute in Taiwan, or the United States Government agency, as appropriate, any additional expenses incurred by the Federal Government in connection with the fellowship if the detailee voluntarily separates from service with the sponsoring agency before the end of the period for which the detailee has agreed to continue in the service of such agency. (3) **Exception** — The payment agreed to under paragraph (2)(B) may not be required from a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection. **(b) Status as Government employee*

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Stable record: federal_law:legal_authorities:record_usc_111ae5a663f2593b37e71f5a
Source file: Laws/federal/codes/united-states-code/title-22/section-3386-taiwan-fellows-on-detail-from-government-service--05239abc01.md
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Passage SHA-256: 3aa9ed386b3238472fc37f659c1e00bad6cc3e5fe48125daafba46fc68d3fb33

Source location: Title 22, Chapter 48A, § 3386; chapter-48a-taiwan-enhanced-resilience.md

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**(a) In general** (1) **Detail authorized** — With the approval of the Secretary of State, an agency head may detail, for a period of not more than 2 years, an employee of the agency of the United States Government who has been awarded a fellowship under this subchapter, to the American Institute in Taiwan for the purpose of assignment to Taiwan or an organization described in [section 3384(d)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3384/d/2/B&num=0&edition=prelim). (2) **Agreement** — Each detailee shall enter into a written agreement with the Federal Government before receiving a fellowship, in which the fellow shall agree— (A) to continue in the service of the sponsoring agency at the end of fellowship for a period of at least 4 years (or at least 2 years if the fellowship duration is 1 year or shorter) unless the detailee is involuntarily separated from the service of such agency; and (B) to pay to the American Institute in Taiwan, or the United States Government agency, as appropriate, any additional expenses incurred by the Federal Government in connection with the fellowship if the detailee voluntarily separates from service with the sponsoring agency before the end of the period for which the detailee has agreed to continue in the service of such agency. (3) **Exception** — The payment agreed to under paragraph (2)(B) may not be required from a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection. **(b) Status as Government employee** A detailee— (1) is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, to be an employee of the sponsoring agency; (2) is entitled to pay, allowances, and benefits from funds available to such agency, which is deemed to comply with [section 5536 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5536&num=0&edition=prelim); and (3) may be assigned to a position with an entity described in [section 3384(d)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3384/d/2/A&num=0&edition=prelim) if acceptance of such position does not involve— (A) the taking of an oath of allegiance to another government; or (B) the acceptance of compensation or other benefits from any foreign government by such detailee. **(c) Responsibilities of sponsoring agency** (1) **In general** — The Federal agency from which a detailee is detailed should provide the fellow allowances and benefits that are consistent with Department of State Standardized Regulations or other applicable rules and regulations, including— (A) a living quarters allowance to cover the cost of housing in Taiwan; (B) a cost of living allowance to cover any possible higher costs of living in Taiwan; (C) a temporary quarters subsistence allowance for up to 7 days if the fellow is unable to find housing immediately upon arriving in Taiwan; (D) an education allowance to assist parents in providing the fellow’s minor children with educational services ordinarily provided without charge by public schools in the United States; (E) moving expenses to transport personal belongings of the fellow and his or her family in their move to Taiwan, which is comparable to the allowance given for American Institute in Taiwan employees assigned to Taiwan; and (F) an economy-class airline ticket to and from Taiwan for each fellow and the fellow’s immediate family. (2) **Modification of benefits** — The American Institute in Taiwan and its implementing partner, with the approval of the Department of State, may modify the benefits set forth in paragraph (1) if such modification is warranted by fiscal circumstances. **(d) No financial liability** The American Institute in Taiwan, the implementing partner, and Taiwan or non-public sector entities in Taiwan at which a fellow is detailed during the second year of the fellowship may not be held responsible for the pay, allowances, or any other benefit normally provided to the detailee. **(e) Reimbursement** Fellows may be detailed under subsection (a)(1) without reimbursement to the United States by the American Institute in Taiwan. **(f) Allowances and benefits** Detailees may be paid by the American Institute in Taiwan for the allowances and benefits listed in subsection (c).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5536 — Extra pay for extra services prohibited

An employee or a member of a uniformed service whose pay or allowance is fixed by statute or regulation may not receive additional pay or allowance for the disbursement of public money or for any other service or duty, unless specifically authorized by law and the appropriation therefor specifically states that it is for the additional pay or allowance.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5536

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3386 — Taiwan fellows on detail from Govern-

Page 1357 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3386 (b) Annual financial audit (1) In general The financial records of any implementing partner shall be audited annually in accord- ance with generally accepted government au- diting standards by independent certified pub- lic accountants or independent licensed public accountants who are certified or licensed by a regulatory authority of a State or another po- litical subdivision of the United States. (2) Location Each audit under paragraph (1) shall be con- ducted at the place or places where the finan- cial records of the implementing partner are normally kept. (3) Access to documents The implementing partner shall make avail- able to the accountants conducting an audit under paragraph (1)— (A) all books, financial records, files, other papers, things, and property belonging to, or in use by, the implementing partner that are necessary to facilitate the audit; and (B) full facilities for verifying transactions with the balances or securities held by de- positories, fiscal agents, and custodians. (4) Report (A) In general Not later than 270 days after the end of each fiscal year, the implementing partner shall provide a report of the audit conducted for such fiscal year under paragraph (1) to the Department of State and the American Institute in Taiwan. (B) Contents Each audit report shall— (i) set forth the scope of the audit; (ii) include such statements, along with the auditor’s opinion of those statements, as may be necessary to present fairly the implementing partner’s assets and liabil- ities, surplus or deficit, with reasonable detail; (iii) include a statement of the imple- menting partner’s income and expenses during the year; and (iv) include a schedule of— (I) all con

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 3386

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