22 U.S.C. § 3308 — Activities of United States Government

Page 1335 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3308 1 So in original. Probably should not be capitalized. quired by or pursuant to the laws of the United States to enter into, perform, enforce, or have in force an agreement or transaction relative to Taiwan, such agreement or transaction shall be entered into, performed, and enforced, in the manner and to the extent directed by the Presi- dent, by or through the Institute. (c) Preemption of laws, rules, regulations, or ordinances of District of Columbia, States, or political subdivisions of States To the extent that any law, rule, regulation, or ordinance of the District of Columbia, or of any State or political subdivision thereof in which the Institute is incorporated or doing business, impedes or otherwise interferes with the performance of the functions of the Institute pursuant to this chapter, such law, rule, regula- tion, or ordinance shall be deemed to be pre- empted by this chapter. (Pub. L. 96–8, § 6, Apr. 10, 1979, 93 Stat. 17.) 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. § 3306. Services to United States citizens on Tai- wan (a) Authorized services The Institute may authorize any of its em- ployees on Taiwan— (1) to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any no- tary public is required or authorized by law to perform within the United States; (2) To 1 act as provisional conservator of the personal estates of deceased United States citizens; and (3) to assist and protect the interests of United States persons by performing other acts such as are authorized to be performed outside the United States for consular pur- poses by such laws of the United States as the President may specify. (b) Acts by authorized employees Acts performed by authorized employees of the Institute under this section shall be valid, and of like force and effect within the United States, as if performed by any other person au- thorized under the laws of the United States to perform such acts. (Pub. L. 96–8, § 7, Apr. 10, 1979, 93 Stat. 17.) 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. § 3307. Exemption from taxation (a) United States, State, or local taxes The Institute, its property, and its income are exempt from all taxation now or hereafter im- posed by the United States (except to the extent that section 3310(a)(3) of this title requires the imposition of taxes imposed under chapter 21 of title 26, relating to the Federal Insurance Con- tributions Act) or by any State or local taxing authority of the United States. (b) Charitable contributions; transfers for public, charitable, and religious uses; charitable and similar gifts For purposes of title 26, the Institute shall be treated as an organization described in sections 170(b)(1)(A), 170(c), 2055(a), 2106(a)(2)(A), 2522(a), and 2522(b) of title 26. (Pub. L. 96–8, § 8, Apr. 10, 1979, 93 Stat. 17; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes REFERENCES IN TEXT The Federal Insurance Contributions Act, referred to in subsec. (a), is act Aug. 16, 1954, ch. 736, §§ 3101, 3102, 3111, 3112, 3121 to 3128, 68A Stat. 415, which is classified generally to chapter 21 (§ 3101 et seq.) of Title 26, Inter- nal Revenue Code. For complete classification of this Act to the Code, see section 3128 of Title 26 and Tables. AMENDMENTS 1986—Pub. L. 99–514 substituted in subsecs. (a) and (b) ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated 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. § 3308. Activities of United States Government agencies (a) Sale, loans, or lease of property; administra- tive and technical support functions and services Any agency of the United States Government is authorized to sell, loan, or lease property (in- cluding interests therein) to, and to perform ad- ministrative and technical support functions and services for the operations of, the Institute upon such terms and conditions as the President may direct. Reimbursements to agencies under this subsection shall be credited to the current applicable appropriation of the agency con- cerned. (b) Acquisition and acceptance of services Any agency of the United States Government is authorized to acquire and accept services from the Institute upon such terms and condi- tions as the President may direct. Whenever the President determines it to be in furtherance of the purposes of this chapter, the procurement of services by such agencies from the Institute may be effected without regard to such laws of the United States normally applicable to the ac- quisition of services by such agencies as the President may specify by Executive order. (c) Institute books and records; access; audit Any agency of the United States Government making funds available to the Institute in ac- 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.