§ 3310. — Employment of United States Government agency personnel.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3310]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 48--TAIWAN RELATIONS
Sec. 3310. Employment of United States Government agency
personnel
(a) Separation from Government service; reemployment 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 Government
service for a specified period any officer or employee of that agency
who accepts employment 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 reemployment or
reinstatement with such agency (or a successor agency) in an appropriate
position with the attendant rights, privileges, and benefits with \1\
the officer or employee would have had or acquired had he or she not
been so separated, subject to such time period and other conditions as
the President may prescribe.
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\1\ So in original. Probably should be ``which''.
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(3) An officer or employee entitled to reemployment or reinstatement
rights under paragraph (2) of this subsection shall, while continuously
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 employment 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 Institute shall be the basis for participation in
such programs only to the extent that employee deductions and employer
contributions, as required, 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 purposes of any employee or
survivor benefits acquired 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 allowances,
benefits, and rights, to the Institute without a break in service for
purposes of retirement and other benefits, including continued
participation in any system established by the laws of the United States
for the retirement of employees in which the alien was participating
prior to the transfer to the Institute, except that employment with the
Institute shall be creditable for retirement purposes only to the extent
that employee deductions and employer contributions, as required, in
payment for such participation for the period of employment with the
Institute, are currently deposited in the system's fund or depository.
(c) Institute employees not deemed United States employees
Employees of the Institute shall not be employees of the United
States and, in representing the Institute, shall be exempt from section
207 of title 18.
(d) Tax treatment of amounts paid Institute employees
(1) For purposes of sections 911 and 913 \2\ of title 26, amounts
paid by the Institute to its employees 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 civilian 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.
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\2\ See References in Text note below.
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(2) Except to the extent required by subsection (a)(3) of this
section, service performed in the employ of the Institute shall not
constitute employment 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, Sec. 11, Apr. 10, 1979, 93 Stat. 18; Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
References in Text
Section 913 of title 26, referred to in subsec. (d)(1), was repealed
by Pub. L. 97-34, title I, Sec. 112(a), Aug. 13, 1981, 95 Stat. 194.
Chapter 21 (Sec. 3101 et seq.) of title 26, referred to in subsec.
(d)(2), is known as the Federal Insurance Contributions Act.
The Social Security Act, referred to in subsec. (d)(2), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social
Security Act is classified generally to subchapter II (Sec. 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 ``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.
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, Sec. 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 separated 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 appointed
noncompetitively in a manner similar to noncompetitive 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 requirements established by the
Director of the Office of Personnel Management, including an appropriate
period of satisfactory overseas employment with the American Institute
in Taiwan.
Sec. 2. The Director of the Office of Personnel Management 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.
Section Referred to in Other Sections
This section is referred to in section 3307 of this title; title 26
section 3121; title 42 section 410.
