I 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Taiwan Diplomatic Re3 view Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Pursuant to the Taiwan Relations Act (22 

7 U.S.C. 3301(b)(1)), it is the policy of the United 

8 States to ‘‘promote extensive, close, and friendly 

9 commercial, cultural, and other relations between 

10 the people of the United States and the people of 

11 Taiwan’’. 

12 (2) In May 2019, the Taiwanese counterpart to 

13 the American Institute in Taiwan (AIT), the Coordi14 nation Council for North American Affairs was re15 named Taiwan Council for U.S. Affairs. 

16 (3) It is the policy of the United States to refer 

17 to Taiwan as ‘‘Taiwan’’, not ‘‘Taipei’’ or ‘‘Chinese 

18 Taipei’’. 

19 (4) The Taipei Economic and Cultural Rep20 resentative Office (TECRO) is inaptly named as it 

21 works to cultivate the extensive, close, and friendly 

22 commercial, cultural, and other relations between 

23 the people of the United States and the people, orga24 nizations, and enterprises of Taiwan, not merely 

25 those in Taipei. 


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1 (5) The Director of the AIT serves as the prin2 cipal representative of the United States in Taiwan 

3 and is responsible for preserving and promoting ex4 tensive, close, and friendly commercial, cultural, and 

5 other relations between the people of the United 

6 States and the people on Taiwan on behalf of the 

7 United States Government. 

8 (6) As Taiwan is a critical partner of the 

9 United States in the Indo-Pacific, robust oversight 

10 over United States policy towards the island is nec11 essary. 

12 (7) Requiring the advice and consent of the 

13 Senate with regards to the Director of the AIT sig14 nals the importance of the U.S.-Taiwan relationship. 

15 (8) Several officers with relatively limited policy 

16 roles when compared to the Director of the Amer17 ican Institute in Taiwan are subject to the advice 

18 and consent of the Senate including the officials at 

19 the John F. Kennedy Center For The Performing 

20 Arts and the Barry Goldwater Scholarship And Ex21 cellence In Education Foundation. 

22 (9) Officers at non-profit corporations may be 

23 subject to the advice and consent of the Senate, in24 cluding the United States Institutes of Peace, which 

25 is ‘‘an independent nonprofit corporation and an orVerDate Sep 11 2014 11:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3634.IH H3634

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1 ganization described in section 170(c)(2)(B) of the 

2 Internal Revenue Code of 1986’’. 

3 (10) Congress has the power to create positions 

4 that are ‘‘officers of the United States’’ pursuant to 

5 the Appointments Clause that are not employees of 

6 the United States Government. 

7 (11) As the United States does not have diplo8 matic relations with Taiwan, Taiwanese officials and 

9 diplomats do not receive diplomatic visas; instead, 

10 they are provided investor visas, which do not accu11 rately represent their purpose in the United States 

12 as official representatives of Taiwan. 

13 SEC. 3. NEGOTIATIONS; REPORT. 

14 (a) NEGOTIATIONS.—Reflective of the substantively 

15 deepening ties between Taiwan and the United States, the 

16 Secretary of State shall seek to enter into negotiations 

17 with the Taipei Economic and Cultural Representative Of18 fice in the United States to rename its office in Wash19 ington, D.C., the Taiwan Representative Office in the 

20 United States. 

21 (b) REPORT.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date of the enactment of this Act, the Sec24 retary of State shall submit to the Committee on 

25 Foreign Affairs of the House of Representatives and 


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1 the Committee on Foreign Relations of the Senate 

2 a report that describes the status of the negotiations 

3 between the Department of State and the Taiwan 

4 Council for U.S. Affairs in accordance with sub5 section (a). 

6 (2) CONTENTS.—The report required under 

7 paragraph (1) shall— 

8 (A) describe the progress made in such ne9 gotiations; 

10 (B) contain a transparent, open, and de11 tailed accounting of such negotiations to date, 

12 including the number of meetings or conversa13 tions held and with whom; 

14 (C) identify the key stakeholders involved 

15 in such negotiations; and 

16 (D) describe the challenges concerning the 

17 United States Government’s ability to advance 

18 the name change and recommendations to re19 solve, mitigate, or otherwise address related 

20 challenges. 

21 (3) FORM.—The report required under para22 graph (1) shall be submitted in unclassified form but 

23 may contain a classified annex. 


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1 SEC. 4. SENATE CONFIRMATION OF INDIVIDUAL AP2 POINTED TO SERVE AS DIRECTOR OF THE 

3 AMERICAN INSTITUTE IN TAIWAN. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that an extended period without a Director of the 

6 American Institute in Taiwan would be detrimental to 

7 United States interests. 

8 (b) SENATE CONFIRMATION OF DIRECTOR.— 

9 (1) IN GENERAL.—Notwithstanding any other 

10 provision of law, the President shall appoint, by and 

11 with the advice and consent of the Senate, an indi12 vidual to serve as the Director of the American In13 stitute in Taiwan. 

14 (2) EFFECTIVE DATE.—This section shall take 

15 effect beginning with the first appointment by the 

16 President of an individual to serve as the Director 

17 of the American Institute in Taiwan that is made 

18 after the date of the enactment of this section. 

19 (c) LOCATION IN TAIPEI, TAIWAN.—An individual 

20 who serves as the Director of the American Institute in 

21 Taiwan shall serve at the Institute in Taipei, Taiwan. 

22 (d) SUCCESSOR POSITION.—Any reference to the po23 sition of Director of the American Institute in Taiwan in 

24 this section includes any similar successor position. 


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1 SEC. 5. NONIMMIGRANT STATUS FOR DIPLOMATS FROM 

2 TAIWAN. 

3 (a) IN GENERAL.—Section 101(a)(15) of the Immi4 gration and Nationality Act (8 U.S.C. 1101(a)(15)) is 

5 amended— 

6 (1) in subparagraph (U), by striking ‘‘or’’ at 

7 the end; 

8 (2) in subparagraph (V), by striking the period 

9 at the end and inserting ‘‘; or’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(W)(i) an ambassador, public minister, or 

12 career diplomatic or consular officer who has 

13 been accredited by Taiwan, and who is accepted 

14 by the President or by the Secretary of State, 

15 and the members of the alien’s immediate fam16 ily; 

17 ‘‘(ii) upon a basis of reciprocity, other offi18 cials and employees who have been accredited 

19 by Taiwan, who are accepted by the Secretary 

20 of State, and the members of their immediate 

21 families; 

22 ‘‘(iii) upon a basis of reciprocity, attend23 ants, servants, personal employees, and mem24 bers of their immediate families, of the officials 

25 and employees who have a nonimmigrant status 

26 under clauses (i) and (ii); 


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1 ‘‘(iv) a designated principal resident rep2 resentative of the Taiwan, for which Taiwan is 

3 a member or observer of an international orga4 nization entitled to enjoy privileges, exemptions, 

5 and immunities as an international organization 

6 under the International Organizations Immuni7 ties Act (22 U.S.C. 288), accredited resident 

8 members of the staff of such representatives, 

9 and members of his or their immediate family; 

10 ‘‘(v) other accredited representatives of 

11 Taiwan to such international organizations, and 

12 the members of their immediate families; 

13 ‘‘(vi) an alien able to qualify under clause 

14 (iv) or (v), except for the fact that Taiwan is 

15 not a member or observer of such international 

16 organization, and the members of his immediate 

17 family; and 

18 ‘‘(vii) attendants, servants, and personal 

19 employees of any such representative, officer, or 

20 employee who have a nonimmigrant status 

21 under clause (iv), (v), or (vi) and the members 

22 of the immediate families of such attendants, 

23 servants, and personal employees.’’. 

24 (b) INAPPLICABILITY OF CERTAIN PROVISIONS RE25 LATED TO ISSUING OF VISAS.—Section 102 of the ImmiVerDate Sep 11 2014 11:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3634.IH H3634

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1 gration and Nationality Act (8 U.S.C. 1102) is amend2 ed— 

3 (1) in paragraph (1)— 

4 (A) by striking ‘‘within the class described 

5 in paragraph (15)(A)(i) of’’ and inserting 

6 ‘‘within a class described in paragraph 

7 (15)(A)(i) or (15)(W)(i) of’’; and 

8 (B) by inserting ‘‘or (15)(W)(i)’’ after 

9 ‘‘such paragraph (15)(A)(i)’’; 

10 (2) in paragraph (2)— 

11 (A) by striking ‘‘within the class described 

12 in paragraph (15)(G)(i) of’’ and inserting 

13 ‘‘within a class described in paragraph 

14 (15)(G)(i) or (15)(W)(iv) of’’; 

15 (B) by inserting ‘‘or (15)(W)(iv)’’ after 

16 ‘‘such paragraph (15)(G)(i)’’; and 

17 (C) by striking ‘‘and’’ at the end; 

18 (3) in paragraph (3), by striking the period at 

19 the end and inserting ‘‘; and’’; and 

20 (4) by adding at the end the following: 

21 ‘‘(4) within the classes described in paragraphs 

22 (15)(W)(ii), (15)(W)(v), or (15)(W)(vi), of section 

23 101(a), except those provisions relating to reason24 able requirements of passports and visas as a means 

25 of identification and documentation necessary to esVerDate Sep 11 2014 11:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3634.IH H3634

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1 tablish their qualifications under such paragraphs, 

2 and the provisions of subparagraphs (A) through (C) 

3 of section 212 (a)(3).’’. 

4 (c) ADJUSTMENT OF STATUS OF CERTAIN RESIDENT

5 ALIENS TO NONIMMIGRANT STATUS.—Section 247 of the 

6 Immigration and Nationality Act (8 U.S.C. 1257) is 

7 amended by striking ‘‘or (15)(G)’’ each place it appears 

8 and inserting ‘‘(15)(G), or (15)(W)’’. 

Æ 


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