Taiwan Fellowship Act
This bill directs the Department of State to establish a program to provide fellowships in Taiwan to qualifying U.S. government employees.
Each program fellow shall work in (1) a Taiwanese government agency; or (2) a nongovernmental organization, such as the American Institute in Taiwan, whose interests are associated with the interests of the fellow's employing U.S. government agency. (In 1979, the United States established diplomatic relations with China and ended formal diplomatic ties with Taiwan. The American Institute in Taiwan is a private organization that has a contract with the State Department to represent U.S. interests in Taiwan and provide consular services.)
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3084 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3084
To establish the Taiwan Fellowship Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2021
Mr. Bera (for himself, Mr. Chabot, Mr. Case, Mr. Fitzpatrick, Mrs.
Napolitano, and Mr. Taylor) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To establish the Taiwan Fellowship Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taiwan Fellowship Act''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C.
3301 et seq.) affirmed United States policy ``to preserve and
promote extensive, close, and friendly commercial, cultural,
and other relations between the people of the United States and
the people on Taiwan, as well as the people on the China
mainland and all other peoples of the Western Pacific area''.
(2) Consistent with the Asia Reassurance Initiative Act of
2018 (Public Law 115-409), the United States has grown its
strategic partnership with Taiwan's vibrant democracy of
23,000,000 people.
(3) Despite a concerted campaign by the People's Republic
of China to isolate Taiwan from its diplomatic partners and
from international organizations, including the World Health
Organization, Taiwan has emerged as a global leader in the
coronavirus global pandemic response, including by donating
more than 2,000,000 surgical masks and other medical equipment
to the United States.
(4) The creation of a United States fellowship program with
Taiwan would support--
(A) a key priority of expanding people-to-people
exchanges, which was outlined in President Donald J.
Trump's 2017 National Security Strategy;
(B) President Joseph R. Biden's commitment to
Taiwan, ``a leading democracy and a critical economic
and security partner'', as expressed in his March 2021
Interim National Security Strategic Guidance; and
(C) April 2021 guidance from the Department of
State based on a review required under the Taiwan
Assurance Act of 2020 (subtitle B of title III of
division FF of Public Law 116-260) to ``encourage U.S.
government engagement with Taiwan that reflects our
deepening unofficial relationship''.
(b) Purposes.--The purposes of this Act are--
(1) to further strengthen the United States-Taiwan
strategic partnership and broaden understanding of the Indo-
Pacific region by temporarily assigning officials of agencies
of the United States Government to Taiwan for intensive study
in Mandarin Chinese and placement as Fellows with the governing
authorities on Taiwan or a Taiwanese civic institution;
(2) to expand United States Government expertise in
Mandarin Chinese language skills and understanding of the
politics, history, and culture of Taiwan and the Indo-Pacific
region by providing eligible United States personnel the
opportunity to acquire such skills and understanding through
the Taiwan Fellowship Program established under section 3; and
(3) to better position the United States to advance its
economic, security, and human rights interests and values in
the Indo-Pacific region.
SEC. 3. TAIWAN FELLOWSHIP PROGRAM.
(a) Definitions.--In this section:
(1) Agency head.--The term ``agency head'' means, in the
case of the executive branch of United States Government, or in
the case of a legislative branch agency specified in paragraph
(2), the head of the respective agency.
(2) Agency of the united states government.--The term
``agency of the United States Government'' includes the
Government Accountability Office, the Congressional Budget
Office, the Congressional Research Service, and the United
States-China Economic and Security Review Commission of the
legislative branch, as well as any agency of the executive
branch.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House
of Representatives.
(4) Detailee.--The term ``detailee'' means an employee of
an agency of the United States Government on loan to the
American Institute in Taiwan, without a change of position from
the agency at which such employee is employed.
(5) Implementing partner.--The term ``implementing
partner'' means any United States organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code that--
(A) is selected through a competitive process;
(B) performs logistical, administrative, and other
functions, as determined by the Department of State and
the American Institute of Taiwan, in support of the
Taiwan Fellowship Program; and
(C) enters into a cooperative agreement with the
American Institute in Taiwan to administer the Taiwan
Fellowship Program.
(b) Establishment of Taiwan Fellowship Program.--
(1) Establishment.--The Secretary of State shall establish
the ``Taiwan Fellowship Program'' (hereafter referred to in
this section as the ``Program'') to provide a fellowship
opportunity in Taiwan of up to two years for eligible United
States citizens through the cooperative agreement established
in paragraph (2). The Department of State, in consultation with
the American Institute in Taiwan and the implementing partner,
may modify the name of the Program.
(2) Cooperative agreements.--
(A) In general.--The American Institute in Taiwan
shall use amounts authorized to be appropriated
pursuant to subsection (f)(1) to enter into an annual
or multi-year cooperative agreement with an appropriate
implementing partner.
(B) Fellowships.--The Department of State, in
consultation with the American Institute in Taiwan and,
as appropriate, the implementing partner, shall award
to eligible United States citizens, subject to
available funding--
(i) not fewer than five fellowships during
the first two years of the Program; and
(ii) not fewer than ten fellowships during
each of the remaining years of the Program.
(3) International agreement; implementing partner.--Not
later than 30 days after the date of the enactment of this Act,
the American Institute in Taiwan, in consultation with the
Department of State, shall--
(A) begin negotiations with the Taipei Economic and
Cultural Representative Office, or with another
appropriate entity, for the purpose of entering into an
agreement to facilitate the placement of fellows in an
agency of the governing authorities on Taiwan; and
(B) begin the process of selecting an implementing
partner, which--
(i) shall agree to meet all of the legal
requirements required to operate in Taiwan; and
(ii) shall be composed of staff who
demonstrate significant experience managing
exchange programs in the Indo-Pacific region.
(4) Curriculum.--
(A) First year.--During the first year of each
fellowship under this subsection, each fellow should
study--
(i) the Mandarin Chinese language;
(ii) the people, history, and political
climate on Taiwan; and
(iii) the issues affecting the relationship
between the United States and the Indo-Pacific
region.
(B) Second year.--During the second year of each
fellowship under this section, each fellow, subject to
the approval of the Department of State, the American
Institute in Taiwan, and the implementing partner, and
in accordance with the purposes of this Act, shall work
in--
(i) a parliamentary office, ministry, or
other agency of the governing authorities on
Taiwan; or
(ii) an organization outside of the
governing authorities on Taiwan, whose
interests are associated with the interests of
the fellow and the agency of the United States
Government from which the fellow had been
employed.
(5) Flexible fellowship duration.--Notwithstanding any
requirement under this section, the Secretary of State, in
consultation with the American Institute in Taiwan and, as
appropriate, the implementing partner, may award fellowships
that have a duration of between nine months and two years, and
may alter the curriculum requirements under paragraph (4) for
such purposes.
(6) Sunset.--The Program shall terminate ten years after
the date of the enactment of this Act.
(c) Program Requirements.--
(1) Eligibility requirements.--A United States citizen is
eligible for a fellowship under this section if he or she--
(A) is an employee of the United States Government;
(B) has received at least one exemplary performance
review in his or her current United States Government
role within at least the last three years prior to the
beginning the fellowship;
(C) has at least two years of experience in any
branch of the United States Government;
(D) has a demonstrated professional or educational
background in the relationship between the United
States and countries in the Indo-Pacific region; and
(E) has demonstrated his or her commitment to
further service in the United States Government.
(2) Responsibilities of fellows.--Each recipient of a
fellowship under this section shall agree, as a condition of
such fellowship--
(A) to maintain satisfactory progress in language
training and appropriate behavior in Taiwan, as
determined by the Department of State, the American
Institute in Taiwan and, as appropriate, its
implementing partner;
(B) to refrain from engaging in any intelligence or
intelligence-related activity on behalf of the United
States Government; and
(C) to continue Federal Government employment for a
period of not less than four years after the conclusion
of the fellowship or for not less than two years for a
fellowship that is one year or shorter.
(3) Responsibilities of implementing partner.--
(A) Selection of fellows.--The implementing
partner, in close coordination with the Department of
State and the American Institute in Taiwan, shall--
(i) make efforts to recruit fellowship
candidates who reflect the diversity of the
United States;
(ii) select fellows for the Program based
solely on merit, with appropriate supervision
from the Department of State and the American
Institute in Taiwan; and
(iii) prioritize the selection of
candidates willing to serve a fellowship
lasting one year or longer.
(B) First year.--The implementing partner should
provide each fellow in the first year (or shorter
duration, as jointly determined by the Department of
State and the American Institute in Taiwan for those
who are not serving a two-year fellowship) with--
(i) intensive Mandarin Chinese language
training; and
(ii) courses in the politic, culture, and
history of Taiwan, China, and the broader Indo-
Pacific.
(C) Waiver of required training.--The Department of
State, in coordination with the American Institute in
Taiwan and, as appropriate, the implementing partner,
may waive any of the training required under
subparagraph (B) to the extent that a fellow has
Mandarin Chinese language skills, knowledge of the
topic described in subparagraph (B)(ii), or for other
related reasons approved by the Department of State and
the American Institute in Taiwan. If any of the
training requirements are waived for a fellow serving a
two-year fellowship, the training portion of his or her
fellowship may be shortened to the extent appropriate.
(D) Office; staffing.--The implementing partner, in
consultation with the Department of State and the
American Institute in Taiwan, shall maintain an office
and at least one full-time staff member in Taiwan--
(i) to liaise with the American Institute
in Taiwan and the governing authorities on
Taiwan; and
(ii) to serve as the primary in-country
point of contact for the recipients of
fellowships under this section and their
dependents.
(E) Other functions.--The implementing partner
should perform other functions in association in
support of the Program, including logistical and
administrative functions, as prescribed by the
Department of State and the American Institute in
Taiwan.
(4) Noncompliance.--
(A) In general.--Any fellow who fails to comply
with the requirements under this section shall
reimburse the American Institute in Taiwan for--
(i) the Federal funds expended for the
fellow's participation in the fellowship, as
set forth in subparagraphs (B) and (C); and
(ii) interest accrued on such funds
(calculated at the prevailing rate).
(B) Full reimbursement.--Any fellow who violates
subparagraph (A) or (B) of paragraph (2) shall
reimburse the American Institute in Taiwan in an amount
equal to the sum of--
(i) all of the Federal funds expended for
the fellow's participation in the fellowship;
and
(ii) interest on the amount specified in
clause (i), which shall be calculated at the
prevailing rate.
(C) Pro rata reimbursement.--Any fellow who
violates paragraph (2)(C) shall reimburse the American
Institute in Taiwan in an amount equal to the
difference between--
(i) the amount specified in subparagraph
(B); and
(ii) the product of--
(I) the amount the fellow received
in compensation during the final year
of the fellowship, including the value
of any allowances and benefits received
by the fellow; multiplied by
(II) the percentage of the period
specified in paragraph (2)(C) during
which the fellow did not remain
employed by the United States
Government.
(5) Annual report.--Not later than 90 days after the
selection of the first class of fellows under this Act, and
annually thereafter for ten years, the Department of State
shall offer to brief the appropriate congressional committees
regarding the following issues:
(A) An assessment of the performance of the
implementing partner in fulfilling the purposes of this
section.
(B) The number of applicants each year, the number
of applicants willing to serve a fellowship lasting one
year or longer, and the number of such applicants
selected for the fellowship.
(C) The names and sponsoring agencies of the
fellows selected by the implementing partner and the
extent to which such fellows represent the diversity of
the United States.
(D) The names of the parliamentary offices,
ministries, other agencies of the governing authorities
on Taiwan, and nongovernmental institutions to which
each fellow was assigned.
(E) Any recommendations, as appropriate, to improve
the implementation of the Program, including added
flexibilities in the administration of the program.
(F) An assessment of the Program's value upon the
relationship between the United States and Taiwan or
the United States and Asian countries.
(6) Annual financial audit.--
(A) In general.--The financial records of any
implementing partner shall be audited annually in
accordance with generally accepted auditing standards
by independent certified public accountants or
independent licensed public accountants who are
certified or licensed by a regulatory authority of a
State or another political subdivision of the United
States.
(B) Location.--Each audit under subparagraph (A)
shall be conducted at the place or places where the
financial records of the implementing partner are
normally kept.
(C) Access to documents.--The implementing partner
shall make available to the accountants conducting an
audit under subparagraph (A)--
(i) all books, financial records, files,
other papers, things, and property belonging
to, or in use by, the implementing partner that
are necessary to facilitate the audit; and
(ii) full facilities for verifying
transactions with the balances or securities
held by depositories, fiscal agents, and
custodians.
(D) Report.--
(i) In general.--Not later than six months
after the end of each fiscal year, the
implementing partner shall provide a report of
the audit conducted for such fiscal year under
subparagraph (A) to the Department of State and
the American Institute in Taiwan.
(ii) Contents.--Each audit report shall--
(I) set forth the scope of the
audit;
(II) include such statements, along
with the auditor's opinion of those
statements, as may be necessary to
present fairly the implementing
partner's assets and liabilities,
surplus or deficit, with reasonable
detail;
(III) include a statement of the
implementing partner's income and
expenses during the year; and
(IV) include a schedule of--
(aa) all contracts and
cooperative agreements
requiring payments greater than
$5,000; and
(bb) any payments of
compensation, salaries, or fees
at a rate greater than $5,000
per year.
(iii) Copies.--Each audit report shall be
produced in sufficient copies for distribution
to the public.
(d) Taiwan Fellows on Detail From Government Service.--
(1) In general.--
(A) Detail authorized.--With the approval of the
Secretary of State, an agency head may detail, for a
period of not more than two years, an employee of the
agency of the United States Government who has been
awarded a fellowship under this Act, to the American
Institute in Taiwan for the purpose of assignment to
the governing authorities on Taiwan or an organization
described in subsection (b)(4)(B)(ii).
(B) Agreement.--Each detailee shall enter into a
written agreement with the Federal Government before
receiving a fellowship, in which the fellow shall
agree--
(i) to continue in the service of the
sponsoring agency at the end of fellowship for
a period of at least four years (or at least
two years if the fellowship duration is one
year or shorter) unless such detailee is
involuntarily separated from the service of
such agency; and
(ii) to pay to the American Institute in
Taiwan any additional expenses incurred by the
United States 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.
(C) Exception.--The payment agreed to under
subparagraph (B)(ii) may not be required of 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.
(2) Status as government employee.--A detailee--
(A) is deemed, for the purpose of preserving
allowances, privileges, rights, seniority, and other
benefits, to be an employee of the sponsoring agency;
(B) 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
(C) may be assigned to a position with an entity
described in subsection (b)(4)(B)(i) if acceptance of
such position does not involve--
(i) the taking of an oath of allegiance to
another government; or
(ii) the acceptance of compensation or
other benefits from any foreign government by
such detailee.
(3) Responsibilities of sponsoring agency.--
(A) In general.--The agency of the United States
Government 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--
(i) a living quarters allowance to cover
the cost of housing in Taiwan;
(ii) a cost of living allowance to cover
any possible higher costs of living in Taiwan;
(iii) a temporary quarters subsistence
allowance for up to seven days if the fellow is
unable to find housing immediately upon
arriving in Taiwan;
(iv) 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;
(v) 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
(vi) an economy-class airline ticket to and
from Taiwan for each fellow and the fellow's
immediate family.
(B) 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 subparagraph (A) if such
modification is warranted by fiscal circumstances.
(4) No financial liability.--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.
(5) Reimbursement.--Fellows may be detailed under paragraph
(1)(A) without reimbursement to the United States by the
American Institute in Taiwan.
(6) Allowances and benefits.--Detailees may be paid by the
American Institute in Taiwan for the allowances and benefits
listed in paragraph (3).
(e) GAO Report.--Not later than one year prior to the sunset of the
Program pursuant to subsection (b)(6), the Comptroller General of the
United States shall transmit to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House of
Representatives a report that includes the following:
(1) An analysis of United States Government participants in
the Program, including the number of applicants and the number
of fellowships undertaken, the places of employment.
(2) An assessment of the costs and benefits for
participants in the Program and for the United States
Government of such fellowships.
(3) An analysis of the financial impact of the fellowship
on United States Government offices that have detailed fellows
to participate in the Program.
(4) Recommendations, if any, on how to improve the Program.
(f) Funding.--
(1) Authorization of appropriations.--There are authorized
to be appropriated to the American Institute in Taiwan--
(A) for fiscal year 2022, $2,900,000, of which
$500,000 should be used by an appropriate implementing
partner to launch the Program; and
(B) for fiscal year 2023, and each succeeding
fiscal year, $2,400,000.
(2) Private sources.--The implementing partner selected to
implement the Program may accept, use, and dispose of gifts or
donations of services or property in carrying out such program,
subject to the review and approval of the American Institute in
Taiwan.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
Referred to the Subcommittee on Asia, the Pacific, Central Asia and Nonproliferation.
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