II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Taiwan Fellowship 

5 Act’’. 

6 SEC. 2. FINDINGS; PURPOSES. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The Taiwan Relations Act (Public Law 96– 

9 8; 22 U.S.C. 3301 et seq.) affirmed United States 

10 policy ‘‘to preserve and promote extensive, close, and 


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1 friendly commercial, cultural, and other relations be2 tween the people of the United States and the people 

3 on Taiwan, as well as the people on the China main4 land and all other peoples of the Western Pacific 

5 area’’. 

6 (2) Consistent with the Asia Reassurance Ini7 tiative Act of 2018 (Public Law 115–409), the 

8 United States has grown its strategic partnership 

9 with Taiwan’s vibrant democracy of 23,000,000 peo10 ple. 

11 (3) Despite a concerted campaign by the Peo12 ple’s Republic of China to isolate Taiwan from its 

13 diplomatic partners and from international organiza14 tions, including the World Health Organization, Tai15 wan has emerged as a global leader in the 

16 coronavirus global pandemic response, including by 

17 donating more than 2,000,000 surgical masks and 

18 other medical equipment to the United States. 

19 (4) The creation of a United States fellowship 

20 program with Taiwan would support a key priority 

21 of expanding people-to-people exchanges, which was 

22 outlined in the President’s 2017 National Security 

23 Strategy. 

24 (b) PURPOSES.—The purposes of this Act are— 


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1 (1) to further strengthen the United States-Tai2 wan strategic partnership and broaden under3 standing of the Indo-Pacific region by temporarily 

4 assigning officials of any branch of the United 

5 States Government to Taiwan for intensive study in 

6 Mandarin and placement as Fellows with the gov7 erning authorities on Taiwan or a Taiwanese civic 

8 institution; 

9 (2) to provide for eligible United States per10 sonnel to learn or strengthen Mandarin Chinese lan11 guage skills and to expand their understanding of 

12 the political economy of Taiwan and the Indo-Pacific 

13 region; and 

14 (3) to better position the United States to ad15 vance its economic, security, and human rights in16 terests and values in the Indo-Pacific region. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

19 (1) AGENCY HEAD.—The term ‘‘agency head’’ 

20 means— 

21 (A) in the case of the executive branch of 

22 United States Government or an agency of the 

23 legislative branch other than the Senate or the 

24 House of Representatives, the head of the re25 spective agency; 


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1 (B) in the case of the judicial branch of 

2 United States Government, the chief judge of 

3 the respective court; 

4 (C) in the case of the Senate, the Presi5 dent pro tempore, in consultation with the ma6 jority leader and the minority leader of the Sen7 ate; and 

8 (D) in the case of the House of Represent9 atives, the Speaker of the House, in consulta10 tion with the majority leader and the minority 

11 leader of the House of Representatives. 

12 (2) AGENCY OF THE UNITED STATES GOVERN13 MENT.—The term ‘‘agency of the United States 

14 Government’’ includes any agency of the legislative 

15 branch and any court of the judicial branch as well 

16 as any agency of the executive branch. 

17 (3) APPROPRIATE CONGRESSIONAL COMMIT18 TEES.—The term ‘‘appropriate congressional com19 mittees’’ means— 

20 (A) the Committee on Appropriations of 

21 the Senate; 

22 (B) the Committee on Foreign Relations of 

23 the Senate; 

24 (C) the Committee on Appropriations of 

25 the House of Representatives; and 


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1 (D) the Committee on Foreign Affairs of 

2 the House of Representatives. 

3 (4) DETAILEE.—The term ‘‘detailee’’— 

4 (A) means an employee of a branch of the 

5 United States Government on loan to the Amer6 ican Institute in Taiwan, without a change of 

7 position from the agency at which he or she is 

8 employed; and 

9 (B) does not include employees of the leg10 islative branch, who may separate from their 

11 branch in order to fulfill the terms of their fel12 lowship pursuant to section 6(g). 

13 (5) IMPLEMENTING PARTNER.—The term ‘‘im14 plementing partner’’ means any United States orga15 nization described in 501(c)(3) of the Internal Rev16 enue Code of 1986 that— 

17 (A) performs logistical, administrative, and 

18 other functions, as determined by the Depart19 ment of State and the American Institute of 

20 Taiwan in support of the Taiwan Fellowship 

21 Program; and 

22 (B) enters into a cooperative agreement 

23 with the American Institute in Taiwan to ad24 minister the Taiwan Fellowship Program. 


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1 SEC. 4. ESTABLISHMENT OF TAIWAN FELLOWSHIP PRO2 GRAM. 

3 (a) ESTABLISHMENT.—The Secretary of State shall 

4 establish the ‘‘Taiwan Fellowship Program’’ (referred to 

5 in this section as the ‘‘Program’’) to provide a fellowship 

6 opportunity in Taiwan of up to 2 years for eligible United 

7 States citizens. The Department of State, in consultation 

8 with the American Institute in Taiwan and the imple9 menting partner, may modify the name of the Program. 

10 (b) GRANTS.— 

11 (1) IN GENERAL.—The American Institute in 

12 Taiwan should use amounts appropriated pursuant 

13 to section 7(a) to provide annual or multi-year 

14 grants to an appropriate implementing partner. 

15 (2) FELLOWSHIPS.—The Department of State, 

16 in consultation with the American Institute in Tai17 wan and, as appropriate, the implementing partner, 

18 should award to eligible United States citizens, sub19 ject to available funding— 

20 (A) not fewer than 5 fellowships during 

21 each of the first 2 years of the Program; and 

22 (B) not fewer than 10 fellowships during 

23 each of the remaining years of the Program. 

24 (c) INTERNATIONAL AGREEMENT; IMPLEMENTING

25 PARTNER.—Not later than 30 days after the date of the 


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1 enactment of this Act, the American Institute in Taiwan, 

2 in consultation with the Department of State, should— 

3 (1) begin negotiations with the Taipei Economic 

4 and Cultural Representative Office, or with another 

5 appropriate entity, for the purpose of entering into 

6 an agreement to facilitate the placement of fellows 

7 in an agency of the governing authorities on Taiwan; 

8 and 

9 (2) begin the process of selecting an imple10 menting partner, which— 

11 (A) shall agree to meet all of the legal re12 quirements required to operate in Taiwan; and 

13 (B) shall be composed of staff who dem14 onstrate significant experience managing ex15 change programs in the Indo-Pacific region. 

16 (d) CURRICULUM.— 

17 (1) FIRST YEAR.—During the first year of each 

18 fellowship under this section, each fellow should 

19 study— 

20 (A) the Mandarin Chinese language; 

21 (B) the people, history, and political cli22 mate on Taiwan; and 

23 (C) the issues affecting the relationship be24 tween the United States and the Indo-Pacific 

25 region. 


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1 (2) SECOND YEAR.—During the second year of 

2 each fellowship under this section, each fellow, sub3 ject to the approval of the Department of State, the 

4 American Institute in Taiwan, and the implementing 

5 partner, and in accordance with the purposes of this 

6 Act, shall work in— 

7 (A) a parliamentary office, ministry, or 

8 other agency of the governing authorities on 

9 Taiwan; or 

10 (B) an organization outside of the gov11 erning authorities on Taiwan, whose interests 

12 are associated with the interests of the fellow 

13 and the agency of the United States Govern14 ment from which the fellow had been employed. 

15 (e) FLEXIBLE FELLOWSHIP DURATION.—Notwith16 standing any requirement under this section, the Sec17 retary of State, in consultation with the American Insti18 tute in Taiwan and, as appropriate, the implementing 

19 partner, may alter the curriculum requirements under 

20 subsection (d) for fellows whose placement in a parliamen21 tary office, ministry, or other agency of the governing au22 thorities on Taiwan is for a period shorter than 2 years. 


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1 SEC. 5. PROGRAM REQUIREMENTS. 

2 (a) ELIGIBILITY REQUIREMENTS.—A United States 

3 citizen is eligible for a fellowship under section 4 if he or 

4 she— 

5 (1) is an employee of the United States Govern6 ment; 

7 (2) has at least 2 years of experience in any 

8 branch of the United States Government; 

9 (3) has a demonstrated professional or edu10 cational background in the relationship between the 

11 United States and countries in the Indo-Pacific re12 gion; and 

13 (4) has demonstrated his or her commitment to 

14 further service in the United States Government. 

15 (b) RESPONSIBILITIES OF FELLOWS.—Each recipi16 ent of a fellowship under this Act shall agree, as a condi17 tion of such fellowship— 

18 (1) to maintain satisfactory progress in lan19 guage training and appropriate behavior in Taiwan, 

20 as determined by the Department of State, the 

21 American Institute in Taiwan and, as appropriate, 

22 its implementing partner; 

23 (2) to refrain from engaging in any intelligence 

24 or intelligence-related activity on behalf of the 

25 United States Government; and 


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1 (3) to continue Federal Government employ2 ment for a period of not less than 4 years after the 

3 conclusion of the fellowship or for not less than 2 

4 years for a fellowship that is 1 year or shorter. 

5 (c) RESPONSIBILITIES OF IMPLEMENTING PART6 NER.— 

7 (1) SELECTION OF FELLOWS.—The imple8 menting partner, in close coordination with the De9 partment of State and the American Institute in 

10 Taiwan, shall— 

11 (A) make efforts to recruit fellowship can12 didates who reflect the diversity of the United 

13 States; 

14 (B) select fellows for the Taiwan Fellow15 ship Program based solely on merit, with appro16 priate supervision from the Department of 

17 State and the American Institute in Taiwan; 

18 and 

19 (C) prioritize the selection of candidates 

20 willing to serve a fellowship lasting 1 year or 

21 longer. 

22 (2) FIRST YEAR.—The implementing partner 

23 should provide each fellow in the first year (or short24 er duration, as jointly determined by the Depart25 ment of State and the American Institute in Taiwan 


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1 for those who are not serving a 2-year fellowship) 

2 with— 

3 (A) intensive Mandarin Chinese language 

4 training; and 

5 (B) courses in the political economy of 

6 Taiwan, China, and the broader Indo-Pacific. 

7 (3) WAIVER OF REQUIRED TRAINING.—The De8 partment of State, in coordination with the Amer9 ican Institute in Taiwan and, as appropriate, the im10 plementing partner, may waive any of the training 

11 required under paragraph (2) to the extent that a 

12 fellow has Mandarin language skills, knowledge of 

13 the topic described in paragraph (2)(B), or for other 

14 related reasons approved by the Department of 

15 State and the American Institute in Taiwan. If any 

16 of the training requirements are waived for a fellow 

17 serving a 2-year fellowship, the training portion of 

18 his or her fellowship may be shortened to the extent 

19 appropriate. 

20 (4) OFFICE; STAFFING.—The implementing 

21 partner, in consultation with the Department of 

22 State and the American Institute in Taiwan, shall 

23 maintain an office and at least 1 full-time staff 

24 member in Taiwan— 


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1 (A) to liaise with the American Institute in 

2 Taiwan and the governing authorities on Tai3 wan; and 

4 (B) to serve as the primary in-country 

5 point of contact for the recipients of fellowships 

6 under this Act and their dependents. 

7 (5) OTHER FUNCTIONS.—The implementing 

8 partner shall perform other functions in association 

9 in support of the Taiwan Fellowship Program, in10 cluding logistical and administrative functions, as 

11 prescribed by the Department of State and the 

12 American Institute in Taiwan. 

13 (d) NONCOMPLIANCE.— 

14 (1) IN GENERAL.—Any fellow who fails to com15 ply with the requirements under this section shall re16 imburse the American Institute in Taiwan for— 

17 (A) the Federal funds expended for the fel18 low’s participation in the fellowship, as set forth 

19 in paragraphs (2) and (3); and 

20 (B) interest accrued on such funds (cal21 culated at the prevailing rate). 

22 (2) FULL REIMBURSEMENT.—Any fellow who 

23 violates paragraph (1) or (2) of subsection (b) shall 

24 reimburse the American Institute in Taiwan in an 

25 amount equal to the sum of— 


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1 (A) all of the Federal funds expended for 

2 the fellow’s participation in the fellowship; and 

3 (B) interest on the amount specified in 

4 subparagraph (A), which shall be calculated at 

5 the prevailing rate. 

6 (3) PRO RATA REIMBURSEMENT.—Any fellow 

7 who violates subsection (b)(3) shall reimburse the 

8 American Institute in Taiwan in an amount equal to 

9 the difference between— 

10 (A) the amount specified in paragraph (2); 

11 and 

12 (B) the product of— 

13 (i) the amount the fellow received in 

14 compensation during the final year of the 

15 fellowship, including the value of any al16 lowances and benefits received by the fel17 low; multiplied by 

18 (ii) the percentage of the period speci19 fied in subsection (b)(3) during which the 

20 fellow did not remain employed by the 

21 Federal Government. 

22 (e) ANNUAL REPORT.—Not later than 90 days after 

23 the selection of the first class of fellows under this Act, 

24 and annually thereafter, the Department of State shall 


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1 offer to brief the appropriate congressional committees re2 garding the following issues: 

3 (1) An assessment of the performance of the 

4 implementing partner in fulfilling the purposes of 

5 this Act. 

6 (2) The names and sponsoring agencies of the 

7 fellows selected by the implementing partner and the 

8 extent to which such fellows represent the diversity 

9 of the United States. 

10 (3) The names of the parliamentary offices, 

11 ministries, other agencies of the governing authori12 ties on Taiwan, and nongovernmental institutions to 

13 which each fellow was assigned during the second 

14 year of the fellowship. 

15 (4) Any recommendations, as appropriate, to 

16 improve the implementation of the Taiwan Fellows 

17 Program, including added flexibilities in the admin18 istration of the program. 

19 (5) An assessment of the Taiwan Fellows Pro20 gram’s value upon the relationship between the 

21 United States and Taiwan or the United States and 

22 Asian countries. 

23 (f) ANNUAL FINANCIAL AUDIT.— 

24 (1) IN GENERAL.—The financial records of any 

25 implementing partner shall be audited annually in 


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1 accordance with generally accepted auditing stand2 ards by independent certified public accountants or 

3 independent licensed public accountants who are cer4 tified or licensed by a regulatory authority of a State 

5 or another political subdivision of the United States. 

6 (2) LOCATION.—Each audit under paragraph 

7 (1) shall be conducted at the place or places where 

8 the financial records of the implementing partner 

9 are normally kept. 

10 (3) ACCESS TO DOCUMENTS.—The imple11 menting partner shall make available to the account12 ants conducting an audit under paragraph (1)— 

13 (A) all books, financial records, files, other 

14 papers, things, and property belonging to, or in 

15 use by, the implementing partner that are nec16 essary to facilitate the audit; and 

17 (B) full facilities for verifying transactions 

18 with the balances or securities held by deposi19 tories, fiscal agents, and custodians. 

20 (4) REPORT.— 

21 (A) IN GENERAL.—Not later than 6 

22 months after the end of each fiscal year, the 

23 implementing partner shall provide a report of 

24 the audit conducted for such fiscal year under 


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1 paragraph (1) to the Department of State and 

2 the American Institute in Taiwan. 

3 (B) CONTENTS.—Each audit report 

4 shall— 

5 (i) set forth the scope of the audit; 

6 (ii) include such statements, along 

7 with the auditor’s opinion of those state8 ments, as may be necessary to present fair9 ly the implementing partner’s assets and 

10 liabilities, surplus or deficit, with reason11 able detail; 

12 (iii) include a statement of the imple13 menting partner’s income and expenses 

14 during the year; and 

15 (iv) include a schedule of— 

16 (I) all contracts and grants re17 quiring payments greater than 

18 $5,000; and 

19 (II) any payments of compensa20 tion, salaries, or fees at a rate greater 

21 than $5,000 per year. 

22 (C) COPIES.—Each audit report shall be 

23 produced in sufficient copies for distribution to 

24 the public. 


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1 SEC. 6. TAIWAN FELLOWS ON DETAIL FROM GOVERNMENT 

2 SERVICE. 

3 (a) IN GENERAL.— 

4 (1) DETAIL AUTHORIZED.—With the approval 

5 of the Secretary of State, an agency head may de6 tail, for a period of not more than 2 years, an em7 ployee of the agency of the United States Govern8 ment who has been awarded a fellowship under this 

9 Act, to the American Institute in Taiwan for the 

10 purpose of assignment to the governing authorities 

11 on Taiwan or an organization described in section 

12 4(d)(2)(B). 

13 (2) AGREEMENT.—Each detailee, or legislative 

14 branch employee who separates from service of the 

15 sponsoring agency, shall enter into a written agree16 ment with the Federal Government before receiving 

17 a fellowship, in which the fellow shall agree— 

18 (A) to continue in the service of the spon19 soring agency at the end of fellowship for a pe20 riod of at least 4 years (or at least 2 years if 

21 the fellowship duration is 1 year or shorter) un22 less the detailee is involuntarily separated from 

23 the service of such agency; and 

24 (B) to pay to the American Institute in 

25 Taiwan any additional expenses incurred by the 

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1 lowship if the detailee voluntarily separates 

2 from service with the sponsoring agency before 

3 the end of the period for which the detailee has 

4 agreed to continue in the service of such agen5 cy. 

6 (3) EXCEPTION.—The payment agreed to under 

7 paragraph (2)(B) may not be required of— 

8 (A) a detailee who leaves the service of the 

9 sponsoring agency to enter into the service of 

10 another agency of the United States Govern11 ment unless the head of the sponsoring agency 

12 notifies the detailee before the effective date of 

13 entry into the service of the other agency that 

14 payment will be required under this subsection; 

15 or 

16 (B) a legislative branch employee who sep17 arates from service of such agency to partici18 pate in the fellowship. 

19 (b) STATUS AS GOVERNMENT EMPLOYEE.—A 

20 detailee— 

21 (1) is deemed, for the purpose of preserving al22 lowances, privileges, rights, seniority, and other ben23 efits, to be an employee of the sponsoring agency; 

24 (2) is entitled to pay, allowances, and benefits 

25 from funds available to such agency, which is 


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1 deemed to comply with section 5536 of title 5, 

2 United States Code; and 

3 (3) may be assigned to a position with an entity 

4 described in section 4(d)(2)(A) if acceptance of such 

5 position does not involve— 

6 (A) the taking of an oath of allegiance to 

7 another government; or 

8 (B) the acceptance of compensation or 

9 other benefits from any foreign government by 

10 such detailee. 

11 (c) RESPONSIBILITIES OF SPONSORING AGENCY.— 

12 (1) IN GENERAL.—The Federal agency from 

13 which a detailee is detailed should provide the fellow 

14 allowances and benefits that are consistent with De15 partment of State Standardized Regulations or other 

16 applicable rules and regulations, including— 

17 (A) a living quarters allowance to cover the 

18 cost of housing in Taiwan; 

19 (B) a cost of living allowance to cover any 

20 possible higher costs of living in Taiwan; 

21 (C) a temporary quarters subsistence al22 lowance for up to 7 days if the fellow is unable 

23 to find housing immediately upon arriving in 

24 Taiwan; 


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1 (D) an education allowance to assist par2 ents in providing the fellow’s minor children 

3 with educational services ordinarily provided 

4 without charge by public schools in the United 

5 States; 

6 (E) moving expenses to transport personal 

7 belongings of the fellow and his or her family 

8 in their move to Taiwan, which is comparable 

9 to the allowance given for American Institute in 

10 Taiwan employees assigned to Taiwan; and 

11 (F) an economy-class airline ticket to and 

12 from Taiwan for each fellow and the fellow’s 

13 immediate family. 

14 (2) MODIFICATION OF BENEFITS.—The Amer15 ican Institute in Taiwan and its implementing part16 ner, with the approval of the Department of State, 

17 may modify the benefits set forth in paragraph (1) 

18 if such modification is warranted by fiscal cir19 cumstances. 

20 (d) NO FINANCIAL LIABILITY.—The American Insti21 tute in Taiwan, the implementing partner, and any gov22 erning authorities on Taiwan or nongovernmental entities 

23 in Taiwan at which a fellow is detailed during the second 

24 year of the fellowship may not be held responsible for the 


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1 pay, allowances, or any other benefit normally provided 

2 to the detailee. 

3 (e) REIMBURSEMENT.—Fellows may be detailed 

4 under subsection (a)(1) without reimbursement to the 

5 United States by the American Institute in Taiwan. 

6 (f) ALLOWANCES AND BENEFITS.—Detailees and 

7 legislative branch fellows who separate from service to par8 ticipate in the fellowship may be paid by the American 

9 Institute in Taiwan for the allowances and benefits listed 

10 in subsection (c). 

11 (g) SEPARATION OF LEGISLATIVE BRANCH PER12 SONNEL DURING THE FELLOWSHIPS.— 

13 (1) IN GENERAL.—Under such terms and con14 ditions as the agency head may direct, a legislative 

15 branch agency of the United States Government 

16 may separate from Government service for a speci17 fied period any officer or employee of such agency 

18 who accepts a fellowship under the Taiwan Fellow19 ship Program and is not a detailee under subsection 

20 (a). 

21 (2) RIGHTS AND BENEFITS.— 

22 (A) IN GENERAL.—Notwithstanding sec23 tion 8347(o), 8713, or 8914 of title 5, United 

24 States Code, and in accordance with regulations 

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1 lative branch employee, while serving as a fellow 

2 who is not a detailee under subsection (a), is 

3 entitled to the rights and benefits described in 

4 subsections (a) and (d) of section 3582 of title 

5 5, United States Code. 

6 (B) REIMBURSEMENT.—The American In7 stitute in Taiwan shall reimburse the employing 

8 agency for any costs incurred for fellows under 

9 subsections (a) and (d) of section 3582 of title 

10 5, United States Code, during a fellowship 

11 under this Act and may provide any other pay 

12 or allowances to such fellows. 

13 SEC. 7. FUNDING. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the American Insti16 tute in Taiwan— 

17 (1) for fiscal year 2022, $2,900,000, of which— 

18 (A) $500,000 shall be used to launch the 

19 Taiwan Fellowship Program through the 

20 issuance of a competitive grant to an appro21 priate implementing partner; 

22 (B) $2,300,000 shall be used for a grant 

23 to the appropriate implementing partner; and 

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1 wan related to the management of the Taiwan 

2 Fellowship Program; and 

3 (2) for fiscal year 2023, and each succeeding 

4 fiscal year, $2,400,000, of which— 

5 (A) $2,300,000 shall be used for a grant 

6 to the appropriate implementing partner; and 

7 (B) $100,000 shall be used for manage8 ment expenses of the American Institute in Tai9 wan related to the management of the Taiwan 

10 Fellowship Program. 

11 (b) PRIVATE SOURCES.—The implementing partner 

12 selected to implement the Taiwan Fellowship Program 

13 may accept, use, and dispose of gifts or donations of serv14 ices or property in carrying out such program, subject to 

15 the review and approval of the American Institute in Tai16 wan. 

Æ 


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