---
kind: "section"
citation: "22 U.S.C. § 3386"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "3386"
heading: "Taiwan fellows on detail from Government service"
release: "119-102"
url: "https://uscodex.org/usc/22/3386"
units:
  - "Chapter 48A — Taiwan Enhanced Resilience"
  - "Subchapter IV — Supporting United States Educational and Exchange Programs with Taiwan"
---

# §3386. Taiwan fellows on detail from Government service

- (a) **In general—**
  - (1) **Detail authorized—** With the approval of the Secretary of State, an [agency head](/usc/22/3383.md?p=1) may detail, for a period of not more than 2 years, an [employee](/usc/22/4341.md?p=1) of the [agency of the United States Government](/usc/22/3383.md?p=2) 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 [section 3384(d)(2)(B) of this title](/usc/22/3384.md?p=d-2-B).
  - (2) **Agreement—** Each [detailee](/usc/22/3383.md?p=4) shall enter into a written [agreement](/usc/22/2431a.md?p=7) 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](/usc/22/3383.md?p=4) is involuntarily separated from the service of such agency; and
    - (B) to pay to the American Institute in Taiwan, or the [United States](/usc/22/1395.md?p=a-1) Government agency, as appropriate, any additional expenses incurred by the Federal Government in connection with the fellowship if the [detailee](/usc/22/3383.md?p=4) voluntarily separates from service with the sponsoring agency before the end of the period for which the [detailee](/usc/22/3383.md?p=4) has agreed to continue in the service of such agency.
  - (3) **Exception—** The payment agreed to under [paragraph (2)(B)](#a-2-B) may not be required from a [detailee](/usc/22/3383.md?p=4) who leaves the service of the sponsoring agency to enter into the service of another [agency of the United States Government](/usc/22/3383.md?p=2) unless the head of the sponsoring agency notifies the [detailee](/usc/22/3383.md?p=4) 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](/usc/22/3383.md?p=4)—
  - (1) is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, to be an [employee](/usc/22/4341.md?p=1) of the sponsoring agency;
  - (2) is entitled to pay, allowances, and benefits from [funds](/usc/22/2431a.md?p=9) available to such agency, which is deemed to comply with [section 5536 of title 5](/usc/5/5536.md); and
  - (3) may be assigned to a position with an entity described in [section 3384(d)(2)(A) of this title](/usc/22/3384.md?p=d-2-A) 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](/usc/22/3146.md?p=1) government by such [detailee](/usc/22/3383.md?p=4).
- (c) **Responsibilities of sponsoring agency—**
  - (1) **In general—** The Federal agency from which a [detailee](/usc/22/3383.md?p=4) 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](/usc/22/1395.md?p=a-1);
    - (E) moving expenses to transport personal belongings of the fellow and his or her [family](/usc/22/4304a.md?p=c-2) in their move to Taiwan, which is comparable to the allowance given for American Institute in Taiwan [employees](/usc/22/4341.md?p=1) assigned to Taiwan; and
    - (F) an economy-class airline ticket to and from Taiwan for each fellow and the fellow’s immediate [family](/usc/22/4304a.md?p=c-2).
  - (2) **Modification of benefits—** The American Institute in Taiwan and its [implementing partner](/usc/22/3383.md?p=5), with the approval of the Department of State, may modify the benefits set forth in [paragraph (1)](#c-1) if such modification is warranted by fiscal circumstances.
- (d) **No financial liability—** The American Institute in Taiwan, the [implementing partner](/usc/22/3383.md?p=5), 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](/usc/22/3383.md?p=4).
- (e) **Reimbursement—** Fellows may be detailed under [subsection (a)(1)](#a-1) without reimbursement to the [United States](/usc/22/1395.md?p=a-1) by the American Institute in Taiwan.
- (f) **Allowances and benefits—** [Detailees](/usc/22/3383.md?p=4) may be paid by the American Institute in Taiwan for the allowances and benefits listed in [subsection (c)](#c).

## Source credit

(Pub. L. 117–263, div. E, title LV, § 5532, Dec. 23, 2022, 136 Stat. 3330.)