Sec. 607. Taiwan fellows on detail from government service
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/bill/117/s/4428/rs/section-607·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
With 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 title, to the American Institute in Taiwan for the purpose of assignment to the governing authorities on Taiwan or an organization described in section 605(d)(2)(B). Each detailee or legislative branch employee who separates from service of the sponsoring agency shall enter into a written agreement with the Federal Government before receiving a fellowship, in which the fellow shall agree— 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 to pay to the American Institute in Taiwan 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.
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; or a legislative branch employee who separates from service of such agency to participate in the fellowship.
A detailee— is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, to be an employee of the sponsoring agency; is entitled to pay, allowances, and benefits from funds available to such agency, which is deemed to comply with section 5536 of title 5, United States Code; and may be assigned to a position with an entity described in section 605(d)(2)(A) if acceptance of such position does not involve— the taking of an oath of allegiance to another government; or the acceptance of compensation or other benefits from any foreign government by such detailee.
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 living quarters allowance to cover the cost of housing in Taiwan; a cost of living allowance to cover any possible higher costs of living in Taiwan; a temporary quarters subsistence allowance for up to 7 days if the fellow is unable to find housing immediately upon arriving in Taiwan; 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; 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 an economy-class airline ticket to and from Taiwan for each fellow and the fellow’s immediate family.
The American Institute in Taiwan and its implementing partner, with the approval of the Secretary of State, may modify the benefits set forth in paragraph
(1)if such modification is warranted by fiscal circumstances. The American Institute in Taiwan, the implementing partner, and any governing authorities on Taiwan or nongovernmental 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. Fellows may be detailed under subsection (a)(1) without reimbursement to the United States by the American Institute in Taiwan. Detailees and legislative branch fellows who separate from service to participate in the fellowship may be paid by the American Institute in Taiwan for the allowances and benefits listed in subsection (c). Under such terms and conditions as the agency head may direct, a legislative branch agency of the United States Government may separate from Government service for a specified period any officer or employee of such agency who accepts a fellowship under the Taiwan Fellowship Program and is not a detailee under subsection (a). Notwithstanding section 8347(o), 8713, or 8914 of title 5, United States Code, and in accordance with regulations of the Office of Personnel Management, a legislative branch employee, while serving as a fellow who is not a detailee under subsection (a), is entitled to the rights and benefits described in subsections
(a)and
(d)of section 3582 of title 5, United States Code. The American Institute in Taiwan shall reimburse the employing agency for any costs incurred for fellows under subsections
(a)and
(d)of section 3582 of title 5, United States Code, during a fellowship under this title and may provide any other pay or allowances to such fellows.