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

(a)

In general

(1)

Detail authorized

section 3384(d)(2)(B) of this titleWith 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 .

(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)

section 5536 of title 5 is entitled to pay, allowances, and benefits from funds available to such agency, which is deemed to comply with ; and

(3)

section 3384(d)(2)(A) of this title may be assigned to a position with an entity described in 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).

Pub. L. 117–263, div. E, title LV, § 5532Dec. 23, 2022136 Stat. 3330 (, , .)