PRIA Logo™
Title 22 — Foreign Relations and IntercourseRelease 119-73not60

§3310 Employment of United States Government Agency Personnel

Title 22 › Chapter 48— TAIWAN RELATIONS › § 3310

Last updated Apr 5, 2026|Official source

Summary

Allows U.S. agencies to let an officer or employee leave government service for a set time to work at the Institute under rules the President sets. When that Institute job ends, the person has the right to return to their agency (or its successor) to a suitable position and get the same rights, pay, and benefits they would have had if they had not left, subject to time limits the President may set. While the person works continuously for the Institute with no break, they keep taking part in benefits they had before (like injury or death pay, health and life insurance, leave, and retirement), but only if the required employee and employer payments for the Institute period are actually deposited into the benefit fund. If the person dies or retires while at the Institute before returning to the agency, that death or retirement counts as if it happened in government service. People who began Institute service on unpaid leave before April 10, 1979, also get these rules. Agencies may move alien staff in Taiwan to the Institute without breaking service for retirement and other benefits, again only to the extent required contributions are deposited. Institute employees are not U.S. Government employees and are exempt from section 207 of title 18 when acting for the Institute. For tax and social security rules, pay from the Institute is not treated as earned income for sections 911 and 913 of title 26. Institute pay is excluded from gross income and tax to the extent it equals allowances and benefits that are tax-exempt under section 912 of title 26. Except as needed for the benefit participation just described, work for the Institute does not count as employment under chapter 21 of title 26 or title II of the Social Security Act (42 U.S.C. 401 et seq.).

Full Legal Text

Title 22, §3310

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(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 11 So in original. Probably should be “which”. 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.
(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)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)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)(1)For purposes of section 911 and 913 22 See References in Text note below. 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.
(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.].

Legislative History

Notes & Related Subsidiaries

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 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. Title II of the Social Security Act is classified generally to subchapter 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 “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.

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 section 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.

Reference

Citations & Metadata

Citation

22 U.S.C. § 3310

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 5, 2026

Release point: 119-73not60