22 U.S.C. § 3309 — Taiwan instrumentality

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.