Taiwan Fellowship Act
Bill: S.811 | Sponsor: Sen. Markey, Edward J. (D-MA)
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 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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