Sidor som bilder
PDF
ePub

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, United States Code.

(d)(1) For purposes of sections 911 and 913 of the Internal Revenue Code of 1986,11 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 such Code.

(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 such Code and title II of the Social Security Act.

REPORTING REQUIREMENT SEC. 12.15 (a) The Secretary of State shall transmit to the Congress the text of any agreement to which the Institute is a party. However, any such agreement the immediate public disclosure of which would, in the opinion of the President, be prejudicial to the national security of the United States shall not be so transmitted to the Congress but shall be transmitted to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives under an appropriate injunction of secrecy to be removed only upon due notice from the President.

(b) For purposes of subsection (a), the term "agreement” includes

(1) any agreement entered into between the Institute and the governing authorities on Taiwan or the instrumentality established by Taiwan; and

(2) any agreement entered into between the Institute and an agency of the United States Government. (c) Agreements and transactions made or to be made by or through the Institute shall be subject to the same congressional notification, review, and approval requirements and procedures as if such agreements and transactions were made by or through the agency of the United States Government on behalf of which the Institute is acting.

(d) 16 * * * (Repealed-1983)

RULES AND REGULATIONS SEC. 13.17 The President is authorized to prescribe such rules and regulations as he may deem appropriate to carry out the pur

16 22 U.S.C. 3311.

16 Sec. 1011(aX3) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1061) repealed subsec. (d). Subsec. (d) had required a report from the Secretary of State to the Congress every 6 months until April 1981 regarding the economic relations between the United States and Taiwan.

17 22 U.S.C. 3312.

poses of this Act. During the three-year period beginning on the effective date of this Act, such rules and regulations shall be transmitted promptly to the Speaker of the House of Representatives and to the Committee on Foreign Relations of the Senate. Such action shall not, however, relieve the Institute of the responsibilities placed upon it by this Act.

CONGRESSIONAL OVERSIGHT SEC. 14.18 (a) The Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and other appropriate committees of the Congress shall monitor

(1) the implementation of the provisions of this Act;
(2) the operation and procedures of the Institute;

(3) the legal and technical aspects of the continuing relationship between the United States and Taiwan; and

(4) the implementation of the policies of the United States concerning security and cooperation in East Asia. (b) Such committees shall report, as appropriate, to their respective Houses on the results of their monitoring.

DEFINITIONS SEC. 15.19 For purposes of this Act,

(1) the term "laws of the United States” includes any statute, rule, regulation, ordinance, order, or judicial rule of decision of the United States or any political subdivision thereof; and

(2) the term “Taiwan" includes, as the context may require, the islands of Taiwan and the Pescadores, the people on those islands, corporation and other entities and associations created or organized under the laws applied on those islands, and the governing authorities on Taiwan recognized by the United States as the Republic of China prior to January 1, 1979, and any successor governing authorities (including political subdivisions, agencies, and instrumentalities thereof).

AUTHORIZATION OF APPROPRIATIONS SEC. 16.20 In addition to funds otherwise available to carry out the provisions of this Act, there are authorized to be appropriated to the Secretary of State for the fiscal year 1980 such funds as may be necessary to carry out such provisions.21 Such funds are authorized to remain available until expended.

18 22 U.S.C. 3313. 19 22 U.S.C. 3314. 20 22 U.S.C. 3315.

21 The Department of State Appropriations Act, 1986 (title III of Public Law 99–180; 99 Stat. 1150), provided $9,800,000 for necessary expenses to carry out this Act during fiscal year 1986. The Department of State Appropriations Act, 1987 (title III of Public Law 99_591; 100 Stat. 3341), provided $9,379,000 for fiscal year 1987. The Department of State Appropriations Act, 1988 (title III of Public Law 100–202; 101 Stat. 1329), provided $11,000,000 for fiscal year 1988. The Department of State Appropriations Act, 1989 (title III of Public Law 100_459; 102 Stat. 2205), provided $10,890,000 for fiscal year 1989. The Department of State Appropriations Act, 1990 (title III of Public Law 101-162; 103 Stat. 1007), provided $11,300,000 for fiscal year 1990. The Department of State Appropriations Act, 1991 (title III of Public Law 101-515; 104 Stat. 2126), provided $11,752,000 for fiscal year 1991. The Departn

fiscal vear 1991. The Department of State and Related Agencies Appropriations Act, 1992 (title V of Public Law 102-140; 105 Stat. 818), provided $13,784,000

Continued

SEVERABILITY OF PROVISIONS SEC. 17.22 If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to any other person or circumstance shall not be affected thereby.

EFFECTIVE DATE
SEC. 18. This Act shall be effective as of January 1, 1979.

for fiscal year 1992. The Department of State and Related Agencies Appropriations Act, 1993 (title V of Public Law 102–395; 106 Stat. 1866), provided $15,543,000 for fiscal year 1993. The Department of State and Related Agencies Appropriations Act, 1994 (title V of Public Law 103 121; 107 Stat. 1186), provided $15,165,000 for fiscal year 1994. The Department of State and Related Agencies Appropriations Act, 1995 (title V of Public Law 103-317; 108 Stat. 1762), pro vided $15,465,000 for fiscal year 1995.

22 22 U.S.C. 3316.

b. Maintaining Unofficial Relations with the People of

Taiwan Executive Order 12143, 44 F.R. 37191, June 22, 1979, 22 U.S.C. 3301 note

In light of the recognition of the People's Republic of China by the United States of America as the sole legal government of China, and by the authority vested in me as President of the United States of America, by the Taiwan Relations Act (Public Law 96– 8, 93 Stat. 14, 22 U.S.C. 3301 et seq., hereinafter referred to as “the Act”), and Section 301 of Title 3 of the United States Code, in order to facilitate the maintenance of commercial, cultural and other relations between the people of the United States and the people on Taiwan without official representation or diplomatic relations, it is hereby ordered as follows: 1-1. Delegation and Reservation of Functions.

1-101. Exclusive of the functions otherwise delegated, or reserved to the President, by this Order, there are delegated to the Secretary of State all functions conferred upon the President by the Act. In carrying out these functions, the Secretary of State shall consult with other departments and agencies as appropriate.

1–102. There are delegated to the Director of the Office of Personnel Management the functions conferred upon the President by paragraphs (1) and (2) of Section 11(a) of the Act. These functions shall be exercised in consultation with the Secretary of State.

1-103. There are reserved to the President the functions conferred upon the President by Section 3, Section 7(a)(3), and the second sentence of Section 9(b), and the determination specified in Section 10(a) of the Act. 1-2. Specification of Laws and Determinations.

1–201. Pursuant to Section 7(a) of the Act, I specify the following provisions of law:

(a) Section 4082 of the Revised Statutes (22 U.S.C. 1172); (b) Section 1707 of the Revised Statutes (22 U.S.C. 1173); (c) Section 1708 of the Revised Statutes (22 U.S.C. 1174);

(d) Section 1709 of the Revised Statutes, as amended (22 U.S.C. 1175);

(e) Section 1710 of the Revised Statutes as amended (22 U.S.C. 1176);

(f) Section 1711 of the Revised Statutes as amended (22 U.S.C. 1177);

(g) Section 1718 of the Revised Statutes (22 U.S.C. 1185); and (h) Section 7 of the Act of April 5, 1906 (22 U.S.C. 1195).

1-202. Pursuant to Section 9(b) of the Act, and in furtherance of the purposes of the Act, the procurement of services may be effected without regard to the following provisions of law and limitations of authority:

1-105 exercised in Conof Section 11aferred upon the point

unusual the extDefense 9.C .495 amenazo

(a) Section 3648 of the Revised Statutes, as amended (31 U.S.C. 529);

bi Section 9 of the Act of June 30, 1906 (31 U.S.C. 627), and Section 3679 and 3732 of the Revised Statutes (31 U.S.C. 665; 41 U.S.C. 11), to the extent necessary to permit the indemnification of contractors against unusually hazardous risks, as defined in Institute contracts, consistent, to the extent practicable with regulations prescribed by the Department of Defense pursuant to the provisions of the Act of August 28, 1958 (50 U.S.C. 1431, et seq.), and Executive Order No. 10789 of November 14, 1958, as amended;

(C) Section 3709 of the Revised Statutes and Section 302 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 5, 252);

(d) Section 3710 of the Revised Statutes (41 U.S.C. 8);

(e) Section 2 of Title III of the Act of March 3, 1933 (41 U.S.C. 10a);

(f) Section 3735 of the Revised Statutes (41 U.S.C. 13);

(g) Section 304(b) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254(b)), so as to permit the pay. ment of fees in excess of the prescribed fee limitation, but nothing herein shall be construed as authorizing the use of the cost-plusa-percentage-of-cost system of contracting;

(h) Section 305 of the Federal Property and Administrative Serv. ices Act of 1949 (41 U.S.C. 255);

(i) Sections 2 through 16 of the Contract Disputes Act of 1978 (41 U.S.C. 601-613);

() Sections 2304, 2305 and 2306 (a) through (f) of Title 10 of the United States Code, but nothing herein shall be construed as authorizing the use of the cost-plus-a-percentage-of-cost system of contracting; and

(k) Section 719 of the Defense Production Act of 1950 (50 U.S.C. App. 2168).

1-203. (a) With respect to cost-type contracts with the American Institute in Taiwan under which no fee is charged or paid, amendments and modifications of such contracts may be made with or without consideration and may be utilized to accomplish the same things as any original contract could have accomplished, irrespective of the time or circumstances of the making, or the form of the contract amended or modified, or of the amending or modifying contract and irrespective of rights which may have accrued under the contract or the amendments or modifications thereof.

(b) With respect to contracts heretofore or hereafter made under the Act, other than those described in subsection (a) of this Section, amendments and modifications of such contracts may be made with or without consideration and may be utilized to accomplish the same things as any original contract could have accomplished, irrespective of the time or circumstances of the making or the form of the contract amended or modified, or of the amending or modifying contract, and irrespective of rights which may be accrued under the wtract or the amendments or modifications thereof, if the Seco retary of State determines in each case that such action is necexery to protect the foreign policy interests of the United States.

Pursuant to Section 10(a) of the Act, the Coordination nail for North American Affairs is determined to be the unoffi

« FöregåendeFortsätt »