[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3634 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3634
To seek negotiations to rename the Taipei Economic and Cultural
Representative Office in the United States, to make the Director of the
American Institute in Taiwan a position requiring Senate confirmation,
to amend the Immigration and Nationality Act to provide nonimmigrant
status for diplomats from Taiwan, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 28, 2021
Mr. Sherman (for himself, Mr. Chabot, Mr. Connolly, Mr. Diaz-Balart,
Mr. Sires, and Mr. Buck) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Foreign Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To seek negotiations to rename the Taipei Economic and Cultural
Representative Office in the United States, to make the Director of the
American Institute in Taiwan a position requiring Senate confirmation,
to amend the Immigration and Nationality Act to provide nonimmigrant
status for diplomats from Taiwan, 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 Diplomatic Review Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Pursuant to the Taiwan Relations Act (22 U.S.C.
3301(b)(1)), it is the policy of the United States to ``promote
extensive, close, and friendly commercial, cultural, and other
relations between the people of the United States and the
people of Taiwan''.
(2) In May 2019, the Taiwanese counterpart to the American
Institute in Taiwan (AIT), the Coordination Council for North
American Affairs was renamed Taiwan Council for U.S. Affairs.
(3) It is the policy of the United States to refer to
Taiwan as ``Taiwan'', not ``Taipei'' or ``Chinese Taipei''.
(4) The Taipei Economic and Cultural Representative Office
(TECRO) is inaptly named as it works to cultivate the
extensive, close, and friendly commercial, cultural, and other
relations between the people of the United States and the
people, organizations, and enterprises of Taiwan, not merely
those in Taipei.
(5) The Director of the AIT serves as the principal
representative of the United States in Taiwan and is
responsible for preserving and promoting extensive, close, and
friendly commercial, cultural, and other relations between the
people of the United States and the people on Taiwan on behalf
of the United States Government.
(6) As Taiwan is a critical partner of the United States in
the Indo-Pacific, robust oversight over United States policy
towards the island is necessary.
(7) Requiring the advice and consent of the Senate with
regards to the Director of the AIT signals the importance of
the U.S.-Taiwan relationship.
(8) Several officers with relatively limited policy roles
when compared to the Director of the American Institute in
Taiwan are subject to the advice and consent of the Senate
including the officials at the John F. Kennedy Center For The
Performing Arts and the Barry Goldwater Scholarship And
Excellence In Education Foundation.
(9) Officers at non-profit corporations may be subject to
the advice and consent of the Senate, including the United
States Institutes of Peace, which is ``an independent nonprofit
corporation and an organization described in section
170(c)(2)(B) of the Internal Revenue Code of 1986''.
(10) Congress has the power to create positions that are
``officers of the United States'' pursuant to the Appointments
Clause that are not employees of the United States Government.
(11) As the United States does not have diplomatic
relations with Taiwan, Taiwanese officials and diplomats do not
receive diplomatic visas; instead, they are provided investor
visas, which do not accurately represent their purpose in the
United States as official representatives of Taiwan.
SEC. 3. NEGOTIATIONS; REPORT.
(a) Negotiations.--Reflective of the substantively deepening ties
between Taiwan and the United States, the Secretary of State shall seek
to enter into negotiations with the Taipei Economic and Cultural
Representative Office in the United States to rename its office in
Washington, D.C., the Taiwan Representative Office in the United
States.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report that describes the status of the negotiations
between the Department of State and the Taiwan Council for U.S.
Affairs in accordance with subsection (a).
(2) Contents.--The report required under paragraph (1)
shall--
(A) describe the progress made in such
negotiations;
(B) contain a transparent, open, and detailed
accounting of such negotiations to date, including the
number of meetings or conversations held and with whom;
(C) identify the key stakeholders involved in such
negotiations; and
(D) describe the challenges concerning the United
States Government's ability to advance the name change
and recommendations to resolve, mitigate, or otherwise
address related challenges.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
SEC. 4. SENATE CONFIRMATION OF INDIVIDUAL APPOINTED TO SERVE AS
DIRECTOR OF THE AMERICAN INSTITUTE IN TAIWAN.
(a) Sense of Congress.--It is the sense of Congress that an
extended period without a Director of the American Institute in Taiwan
would be detrimental to United States interests.
(b) Senate Confirmation of Director.--
(1) In general.--Notwithstanding any other provision of
law, the President shall appoint, by and with the advice and
consent of the Senate, an individual to serve as the Director
of the American Institute in Taiwan.
(2) Effective date.--This section shall take effect
beginning with the first appointment by the President of an
individual to serve as the Director of the American Institute
in Taiwan that is made after the date of the enactment of this
section.
(c) Location in Taipei, Taiwan.--An individual who serves as the
Director of the American Institute in Taiwan shall serve at the
Institute in Taipei, Taiwan.
(d) Successor Position.--Any reference to the position of Director
of the American Institute in Taiwan in this section includes any
similar successor position.
SEC. 5. NONIMMIGRANT STATUS FOR DIPLOMATS FROM TAIWAN.
(a) In General.--Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(1) in subparagraph (U), by striking ``or'' at the end;
(2) in subparagraph (V), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(W)(i) an ambassador, public minister, or career
diplomatic or consular officer who has been accredited
by Taiwan, and who is accepted by the President or by
the Secretary of State, and the members of the alien's
immediate family;
``(ii) upon a basis of reciprocity, other officials
and employees who have been accredited by Taiwan, who
are accepted by the Secretary of State, and the members
of their immediate families;
``(iii) upon a basis of reciprocity, attendants,
servants, personal employees, and members of their
immediate families, of the officials and employees who
have a nonimmigrant status under clauses (i) and (ii);
``(iv) a designated principal resident
representative of the Taiwan, for which Taiwan is a
member or observer of an international organization
entitled to enjoy privileges, exemptions, and
immunities as an international organization under the
International Organizations Immunities Act (22 U.S.C.
288), accredited resident members of the staff of such
representatives, and members of his or their immediate
family;
``(v) other accredited representatives of Taiwan to
such international organizations, and the members of
their immediate families;
``(vi) an alien able to qualify under clause (iv)
or (v), except for the fact that Taiwan is not a member
or observer of such international organization, and the
members of his immediate family; and
``(vii) attendants, servants, and personal
employees of any such representative, officer, or
employee who have a nonimmigrant status under clause
(iv), (v), or (vi) and the members of the immediate
families of such attendants, servants, and personal
employees.''.
(b) Inapplicability of Certain Provisions Related to Issuing of
Visas.--Section 102 of the Immigration and Nationality Act (8 U.S.C.
1102) is amended--
(1) in paragraph (1)--
(A) by striking ``within the class described in
paragraph (15)(A)(i) of'' and inserting ``within a
class described in paragraph (15)(A)(i) or (15)(W)(i)
of''; and
(B) by inserting ``or (15)(W)(i)'' after ``such
paragraph (15)(A)(i)'';
(2) in paragraph (2)--
(A) by striking ``within the class described in
paragraph (15)(G)(i) of'' and inserting ``within a
class described in paragraph (15)(G)(i) or (15)(W)(iv)
of'';
(B) by inserting ``or (15)(W)(iv)'' after ``such
paragraph (15)(G)(i)''; and
(C) by striking ``and'' at the end;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) within the classes described in paragraphs
(15)(W)(ii), (15)(W)(v), or (15)(W)(vi), of section 101(a),
except those provisions relating to reasonable requirements of
passports and visas as a means of identification and
documentation necessary to establish their qualifications under
such paragraphs, and the provisions of subparagraphs (A)
through (C) of section 212 (a)(3).''.
(c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant
Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C.
1257) is amended by striking ``or (15)(G)'' each place it appears and
inserting ``(15)(G), or (15)(W)''.
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