22 U.S.C. § 3310 — Employment of United States Government

Page 1336 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3309 1 So in original. Probably should be ‘‘which’’. cordance with this chapter shall make arrange- ments with the Institute for the Comptroller General of the United States to have access to the books and records of the Institute and the opportunity to audit the operations of the Insti- tute. (Pub. L. 96–8, § 9, Apr. 10, 1979, 93 Stat. 18.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title. § 3309. Taiwan instrumentality (a) Establishment of instrumentality; Presi- dential determination of necessary authority Whenever the President or any agency of the United States Government is authorized or re- quired by or pursuant to the laws of the United States to render or provide to or to receive or accept from Taiwan, any performance, commu- nication, assurance, undertaking, or other ac- tion, such action shall, in the manner and to the extent directed by the President, be rendered or provided to, or received or accepted from, an in- strumentality established by Taiwan which the President determines has the necessary author- ity under the laws applied by the people on Tai- wan to provide assurances and take other ac- tions on behalf of Taiwan in accordance with this chapter. (b) Offices and personnel The President is requested to extend to the in- strumentality established by Taiwan the same number of offices and complement of personnel as were previously operated in the United States by the governing authorities on Taiwan recog- nized as the Republic of China prior to January 1, 1979. (c) Privileges and immunities Upon the granting by Taiwan of comparable privileges and immunities with respect to the Institute and its appropriate personnel, the President is authorized to extend with respect to the Taiwan instrumentality and its appro- priate personnel, such privileges and immunities (subject to appropriate conditions and obliga- tions) as may be necessary for the effective per- formance of their functions. (Pub. L. 96–8, § 10, Apr. 10, 1979, 93 Stat. 18.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title. § 3310. Employment of United States Government agency personnel (a) Separation from Government service; reem- ployment or reinstatement upon termination of Institute employment; benefits (1) Under such terms and conditions as the President may direct, any agency of the United States Government may separate from Govern- ment service for a specified period any officer or employee of that agency who accepts employ- ment with the Institute. (2) An officer or employee separated by an agency under paragraph (1) of this subsection for employment with the Institute shall be entitled upon termination of such employment to reem- ployment or reinstatement with such agency (or a successor agency) in an appropriate position with the attendant rights, privileges, and bene- fits with 1 the officer or employee would have had or acquired had he or she not been so sepa- rated, subject to such time period and other con- ditions as the President may prescribe. (3) An officer or employee entitled to reem- ployment or reinstatement rights under para- graph (2) of this subsection shall, while continu- ously employed by the Institute with no break in continuity of service, continue to participate in any benefit program in which such officer or employee was participating prior to employ- ment by the Institute, including programs for compensation for job-related death, injury, or illness; programs for health and life insurance; programs for annual, sick, and other statutory leave; and programs for retirement under any system established by the laws of the United States; except that employment with the Insti- tute shall be the basis for participation in such programs only to the extent that employee de- ductions and employer contributions, as re- quired, in payment for such participation for the period of employment with the Institute, are currently deposited in the program’s or system’s fund or depository. Death or retirement of any such officer or employee during approved service with the Institute and prior to reemployment or reinstatement shall be considered a death in or retirement from Government service for pur- poses of any employee or survivor benefits ac- quired by reason of service with an agency of the United States Government. (4) Any officer or employee of an agency of the United States Government who entered into service with the Institute on approved leave of absence without pay prior to April 10, 1979, shall receive the benefits of this section for the period of such service. (b) Employment of aliens on Taiwan Any agency of the United States Government employing alien personnel on Taiwan may transfer such personnel, with accrued allow- ances, benefits, and rights, to the Institute with- out a break in service for purposes of retirement and other benefits, including continued partici- pation in any system established by the laws of the United States for the retirement of employ- ees in which the alien was participating prior to the transfer to the Institute, except that em- ployment with the Institute shall be creditable for retirement purposes only to the extent that employee deductions and employer contribu- tions, as required, in payment for such partici- pation for the period of employment with the In- stitute, are currently deposited in the system’s fund or depository. Page 1337 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3311 2 See References in Text note below. (c) Institute employees not deemed United States employees Employees of the Institute shall not be em- ployees of the United States and, in rep- resenting the Institute, shall be exempt from section 207 of title 18. (d) Tax treatment of amounts paid Institute em- ployees (1) For purposes of sections 911 and 913 2 of title 26, amounts paid by the Institute to its employ- ees shall not be treated as earned income. Amounts received by employees of the Institute shall not be included in gross income, and shall be exempt from taxation, to the extent that they are equivalent to amounts received by ci- vilian officers and employees of the Government of the United States as allowances and benefits which are exempt from taxation under section 912 of title 26. (2) Except to the extent required by subsection (a)(3) of this section, service performed in the employ of the Institute shall not constitute em- ployment for purposes of chapter 21 of title 26 and title II of the Social Security Act [42 U.S.C. 401 et seq.]. (Pub. L. 96–8, § 11, Apr. 10, 1979, 93 Stat. 18; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes REFERENCES IN TEXT Section 913 of title 26, referred to in subsec. (d)(1), was repealed by Pub. L. 97–34, title I, § 112(a), Aug. 13, 1981, 95 Stat. 194. Chapter 21 (§ 3101 et seq.) of title 26, referred to in sub- sec. (d)(2), is known as the Federal Insurance Contribu- tions Act. The Social Security Act, referred to in subsec. (d)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to sub- chapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. AMENDMENTS 1986—Subsec. (d)(1). Pub. L. 99–514 substituted ‘‘Inter- nal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was trans- lated as ‘‘title 26’’ thus requiring no change in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title. Executive Documents EX. ORD. NO. 13054. ELIGIBILITY OF CERTAIN OVERSEAS EMPLOYEES FOR NONCOMPETITIVE APPOINTMENTS Ex. Ord. No. 13054, July 7, 1997, 62 F.R. 36965, as amended by Ex. Ord. No. 13062, § 6, Sept. 29, 1997, 62 F.R. 51756, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 3301 and 3302 of title 5 and section 301 of title 3 of the United States Code, and in order to permit certain overseas employees to acquire competitive status upon returning to the United States, it is hereby ordered as follows: SECTION 1. A United States citizen who is a family member of a Federal civilian employee who has sepa- rated from Federal service to accept employment with the American Institute in Taiwan pursuant to section 11 of Public Law 96–8 (22 U.S.C. 3310(a)) may be ap- pointed noncompetitively in a manner similar to non- competitive appointments under Executive Order 12721 [5 U.S.C. 3301 note] and implementing regulations of the Office of Personnel Management to a competitive service position in the executive branch, provided such family member meets the qualifications and other re- quirements established by the Director of the Office of Personnel Management, including an appropriate pe- riod of satisfactory overseas employment with the American Institute in Taiwan. SEC. 2. The Director of the Office of Personnel Man- agement shall prescribe such regulations as may be necessary to implement this order. SEC. 3. This order shall be effective upon publication in the Federal Register. WILLIAM J. CLINTON. § 3310a. Commercial personnel at American Insti- tute of Taiwan The American Institute of Taiwan shall em- ploy personnel to perform duties similar to those performed by personnel of the United States and Foreign Commercial Service. The number of individuals employed shall be com- mensurate with the number of United States personnel of the Commercial Service who are permanently assigned to the United States dip- lomatic mission to South Korea. (Pub. L. 100–418, title II, § 2201, Aug. 23, 1988, 102 Stat. 1327.) Editorial Notes CODIFICATION Section was enacted as part of the Export Enhance- ment Act of 1988 and as part of the Omnibus Trade and Competitiveness Act of 1988, and not as part of the Tai- wan Relations Act which comprises this chapter. § 3311. Reporting requirements (a) Texts of agreements to be transmitted to Con- gress; secret agreements to be transmitted to Senate Foreign Relations Committee and House Foreign Affairs Committee The Secretary of State shall transmit to the Congress the text of any agreement to which the Institute is a party. However, any such agree- ment the immediate public disclosure of which would, in the opinion of the President, be preju- dicial to the national security of the United States shall not be so transmitted to the Con- gress but shall be transmitted to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives under an appropriate injunction of secrecy to be removed only upon due notice from the President. (b) Agreements For purposes of subsection (a), the term ‘‘agreement’’ includes— (1) any agreement entered into between the Institute and the governing authorities on Taiwan or the instrumentality established by Taiwan; and (2) any agreement entered into between the Institute and an agency of the United States Government.