Taiwan Fellowship Act
Bill: H.R.3084 | Sponsor: Rep. Bera, Ami (D-CA)
Policy area: International Affairs

Summary:
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.)

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.
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