[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 811 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 811
To establish the Taiwan Fellowship Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 17 (legislative day, March 16), 2021
Mr. Markey (for himself, Mr. Rubio, Mr. Coons, Mr. Hagerty, and Mrs.
Shaheen) introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
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 key priority of expanding people-to-
people exchanges, which was outlined in the President's 2017
National Security Strategy.
(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 any branch
of the United States Government to Taiwan for intensive study
in Mandarin and placement as Fellows with the governing
authorities on Taiwan or a Taiwanese civic institution;
(2) to provide for eligible United States personnel to
learn or strengthen Mandarin Chinese language skills and to
expand their understanding of the political economy of Taiwan
and the Indo-Pacific region; 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. DEFINITIONS.
In this Act:
(1) Agency head.--The term ``agency head'' means--
(A) in the case of the executive branch of United
States Government or an agency of the legislative
branch other than the Senate or the House of
Representatives, the head of the respective agency;
(B) in the case of the judicial branch of United
States Government, the chief judge of the respective
court;
(C) in the case of the Senate, the President pro
tempore, in consultation with the majority leader and
the minority leader of the Senate; and
(D) in the case of the House of Representatives,
the Speaker of the House, in consultation with the
majority leader and the minority leader of the House of
Representatives.
(2) Agency of the united states government.--The term
``agency of the United States Government'' includes any agency
of the legislative branch and any court of the judicial 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''--
(A) means an employee of a branch of the United
States Government on loan to the American Institute in
Taiwan, without a change of position from the agency at
which he or she is employed; and
(B) does not include employees of the legislative
branch, who may separate from their branch in order to
fulfill the terms of their fellowship pursuant to
section 6(g).
(5) Implementing partner.--The term ``implementing
partner'' means any United States organization described in
501(c)(3) of the Internal Revenue Code of 1986 that--
(A) 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
(B) enters into a cooperative agreement with the
American Institute in Taiwan to administer the Taiwan
Fellowship Program.
SEC. 4. ESTABLISHMENT OF TAIWAN FELLOWSHIP PROGRAM.
(a) Establishment.--The Secretary of State shall establish the
``Taiwan Fellowship Program'' (referred to in this section as the
``Program'') to provide a fellowship opportunity in Taiwan of up to 2
years for eligible United States citizens. The Department of State, in
consultation with the American Institute in Taiwan and the implementing
partner, may modify the name of the Program.
(b) Grants.--
(1) In general.--The American Institute in Taiwan should
use amounts appropriated pursuant to section 7(a) to provide
annual or multi-year grants to an appropriate implementing
partner.
(2) Fellowships.--The Department of State, in consultation
with the American Institute in Taiwan and, as appropriate, the
implementing partner, should award to eligible United States
citizens, subject to available funding--
(A) not fewer than 5 fellowships during each of the
first 2 years of the Program; and
(B) not fewer than 10 fellowships during each of
the remaining years of the Program.
(c) 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,
should--
(1) 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
(2) begin the process of selecting an implementing partner,
which--
(A) shall agree to meet all of the legal
requirements required to operate in Taiwan; and
(B) shall be composed of staff who demonstrate
significant experience managing exchange programs in
the Indo-Pacific region.
(d) Curriculum.--
(1) First year.--During the first year of each fellowship
under this section, each fellow should study--
(A) the Mandarin Chinese language;
(B) the people, history, and political climate on
Taiwan; and
(C) the issues affecting the relationship between
the United States and the Indo-Pacific region.
(2) 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--
(A) a parliamentary office, ministry, or other
agency of the governing authorities on Taiwan; or
(B) 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.
(e) 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 alter the curriculum requirements under subsection (d) for
fellows whose placement in a parliamentary office, ministry, or other
agency of the governing authorities on Taiwan is for a period shorter
than 2 years.
SEC. 5. PROGRAM REQUIREMENTS.
(a) Eligibility Requirements.--A United States citizen is eligible
for a fellowship under section 4 if he or she--
(1) is an employee of the United States Government;
(2) has at least 2 years of experience in any branch of the
United States Government;
(3) has a demonstrated professional or educational
background in the relationship between the United States and
countries in the Indo-Pacific region; and
(4) has demonstrated his or her commitment to further
service in the United States Government.
(b) Responsibilities of Fellows.--Each recipient of a fellowship
under this Act shall agree, as a condition of such fellowship--
(1) 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;
(2) to refrain from engaging in any intelligence or
intelligence-related activity on behalf of the United States
Government; and
(3) to continue Federal Government employment for a period
of not less than 4 years after the conclusion of the fellowship
or for not less than 2 years for a fellowship that is 1 year or
shorter.
(c) Responsibilities of Implementing Partner.--
(1) Selection of fellows.--The implementing partner, in
close coordination with the Department of State and the
American Institute in Taiwan, shall--
(A) make efforts to recruit fellowship candidates
who reflect the diversity of the United States;
(B) select fellows for the Taiwan Fellowship
Program based solely on merit, with appropriate
supervision from the Department of State and the
American Institute in Taiwan; and
(C) prioritize the selection of candidates willing
to serve a fellowship lasting 1 year or longer.
(2) 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 2-year
fellowship) with--
(A) intensive Mandarin Chinese language training;
and
(B) courses in the political economy of Taiwan,
China, and the broader Indo-Pacific.
(3) 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 paragraph (2) to the extent that a
fellow has Mandarin language skills, knowledge of the topic
described in paragraph (2)(B), 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 2-year fellowship, the training portion of his
or her fellowship may be shortened to the extent appropriate.
(4) 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 1
full-time staff member in Taiwan--
(A) to liaise with the American Institute in Taiwan
and the governing authorities on Taiwan; and
(B) to serve as the primary in-country point of
contact for the recipients of fellowships under this
Act and their dependents.
(5) Other functions.--The implementing partner shall
perform other functions in association in support of the Taiwan
Fellowship Program, including logistical and administrative
functions, as prescribed by the Department of State and the
American Institute in Taiwan.
(d) Noncompliance.--
(1) In general.--Any fellow who fails to comply with the
requirements under this section shall reimburse the American
Institute in Taiwan for--
(A) the Federal funds expended for the fellow's
participation in the fellowship, as set forth in
paragraphs (2) and (3); and
(B) interest accrued on such funds (calculated at
the prevailing rate).
(2) Full reimbursement.--Any fellow who violates paragraph
(1) or (2) of subsection (b) shall reimburse the American
Institute in Taiwan in an amount equal to the sum of--
(A) all of the Federal funds expended for the
fellow's participation in the fellowship; and
(B) interest on the amount specified in
subparagraph (A), which shall be calculated at the
prevailing rate.
(3) Pro rata reimbursement.--Any fellow who violates
subsection (b)(3) shall reimburse the American Institute in
Taiwan in an amount equal to the difference between--
(A) the amount specified in paragraph (2); and
(B) 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 subsection (b)(3) during which the fellow
did not remain employed by the Federal
Government.
(e) Annual Report.--Not later than 90 days after the selection of
the first class of fellows under this Act, and annually thereafter, the
Department of State shall offer to brief the appropriate congressional
committees regarding the following issues:
(1) An assessment of the performance of the implementing
partner in fulfilling the purposes of this Act.
(2) 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.
(3) The names of the parliamentary offices, ministries,
other agencies of the governing authorities on Taiwan, and
nongovernmental institutions to which each fellow was assigned
during the second year of the fellowship.
(4) Any recommendations, as appropriate, to improve the
implementation of the Taiwan Fellows Program, including added
flexibilities in the administration of the program.
(5) An assessment of the Taiwan Fellows Program's value
upon the relationship between the United States and Taiwan or
the United States and Asian countries.
(f) Annual Financial Audit.--
(1) 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.
(2) Location.--Each audit under paragraph (1) shall be
conducted at the place or places where the financial records of
the implementing partner are normally kept.
(3) Access to documents.--The implementing partner shall
make available to the accountants conducting an audit under
paragraph (1)--
(A) 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
(B) full facilities for verifying transactions with
the balances or securities held by depositories, fiscal
agents, and custodians.
(4) Report.--
(A) In general.--Not later than 6 months after the
end of each fiscal year, the implementing partner shall
provide a report of the audit conducted for such fiscal
year under paragraph (1) to the Department of State and
the American Institute in Taiwan.
(B) 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--
(I) all contracts and grants
requiring payments greater than $5,000;
and
(II) any payments of compensation,
salaries, or fees at a rate greater
than $5,000 per year.
(C) Copies.--Each audit report shall be produced in
sufficient copies for distribution to the public.
SEC. 6. TAIWAN FELLOWS ON DETAIL FROM GOVERNMENT SERVICE.
(a) In General.--
(1) Detail authorized.--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 Act, to
the American Institute in Taiwan for the purpose of assignment
to the governing authorities on Taiwan or an organization
described in section 4(d)(2)(B).
(2) Agreement.--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--
(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 is
involuntarily separated from the service of such
agency; and
(B) 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.
(3) Exception.--The payment agreed to under paragraph
(2)(B) may not be required of--
(A) 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
(B) a legislative branch employee who separates
from service of such agency to participate in the
fellowship.
(b) Status as Government Employee.--A detailee--
(1) is deemed, for the purpose of preserving allowances,
privileges, rights, seniority, and other benefits, to be an
employee of the sponsoring agency;
(2) 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
(3) may be assigned to a position with an entity described
in section 4(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 government by such detailee.
(c) Responsibilities of Sponsoring Agency.--
(1) In general.--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) 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;
(E) 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
(F) an economy-class airline ticket to and from
Taiwan for each fellow and the fellow's immediate
family.
(2) 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
paragraph (1) if such modification is warranted by fiscal
circumstances.
(d) 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.
(e) Reimbursement.--Fellows may be detailed under subsection (a)(1)
without reimbursement to the United States by the American Institute in
Taiwan.
(f) Allowances and Benefits.--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).
(g) Separation of Legislative Branch Personnel During the
Fellowships.--
(1) In general.--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).
(2) Rights and benefits.--
(A) In general.--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.
(B) Reimbursement.--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 Act and may provide any
other pay or allowances to such fellows.
SEC. 7. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the American Institute in Taiwan--
(1) for fiscal year 2022, $2,900,000, of which--
(A) $500,000 shall be used to launch the Taiwan
Fellowship Program through the issuance of a
competitive grant to an appropriate implementing
partner;
(B) $2,300,000 shall be used for a grant to the
appropriate implementing partner; and
(C) $100,000 shall be used for management expenses
of the American Institute in Taiwan related to the
management of the Taiwan Fellowship Program; and
(2) for fiscal year 2023, and each succeeding fiscal year,
$2,400,000, of which--
(A) $2,300,000 shall be used for a grant to the
appropriate implementing partner; and
(B) $100,000 shall be used for management expenses
of the American Institute in Taiwan related to the
management of the Taiwan Fellowship Program.
(b) Private Sources.--The implementing partner selected to
implement the Taiwan Fellowship 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.
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