Taiwan Diplomatic Review Act
Bill: H.R.3634 | Sponsor: Rep. Sherman, Brad (D-CA)
Policy area: International Affairs

Summary:
Taiwan Diplomatic Review Act
This bill addresses issues concerning diplomatic relations with Taiwan.
The bill directs the Department of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office (TECRO) in the United States to rename its office in the District of Columbia as the Taiwan Representative Office in the United States. (The U.S.-Taiwan relationship is unofficial, and TECRO is Taiwan's principal representative in the United States.)
In addition, the bill establishes a W nonimmigrant visa for aliens affiliated with Taiwan's diplomatic operations, including (1) an ambassador, public minister, or career diplomatic or consular officer accredited by Taiwan and accepted by the United States; (2) a designated principal representative of Taiwan to an international organization; and (3) the immediate family members of such individuals. Specified holders of a W visa shall be entitled to certain immunities afforded to holders of diplomatic visas.
The bill also requires the President to appoint the Director of the American Institute in Taiwan with the advice and consent of the Senate. (After the U.S.-Taiwan relationship became unofficial, the United States conducted relations with Taiwan through the American Institute in Taiwan. The institute's office in Taipei performs many of the same functions as an embassy.)

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.

    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 Diplomatic Review Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Pursuant to the Taiwan Relations Act (22 U.S.C. 
        3301(b)(1)), it is the policy of the United States to ``promote 
        extensive, close, and friendly commercial, cultural, and other 
        relations between the people of the United States and the 
        people of Taiwan''.
            (2) In May 2019, the Taiwanese counterpart to the American 
        Institute in Taiwan (AIT), the Coordination Council for North 
        American Affairs was renamed Taiwan Council for U.S. Affairs.
            (3) It is the policy of the United States to refer to 
        Taiwan as ``Taiwan'', not ``Taipei'' or ``Chinese Taipei''.
            (4) The Taipei Economic and Cultural Representative Office 
        (TECRO) is inaptly named as it works to cultivate the 
        extensive, close, and friendly commercial, cultural, and other 
        relations between the people of the United States and the 
        people, organizations, and enterprises of Taiwan, not merely 
        those in Taipei.
            (5) The Director of the AIT serves as the principal 
        representative of the United States in Taiwan and is 
        responsible for preserving and promoting extensive, close, and 
        friendly commercial, cultural, and other relations between the 
        people of the United States and the people on Taiwan on behalf 
        of the United States Government.
            (6) As Taiwan is a critical partner of the United States in 
        the Indo-Pacific, robust oversight over United States policy 
        towards the island is necessary.
            (7) Requiring the advice and consent of the Senate with 
        regards to the Director of the AIT signals the importance of 
        the U.S.-Taiwan relationship.
            (8) Several officers with relatively limited policy roles 
        when compared to the Director of the American Institute in 
        Taiwan are subject to the advice and consent of the Senate 
        including the officials at the John F. Kennedy Center For The 
        Performing Arts and the Barry Goldwater Scholarship And 
        Excellence In Education Foundation.
            (9) Officers at non-profit corporations may be subject to 
        the advice and consent of the Senate, including the United 
        States Institutes of Peace, which is ``an independent nonprofit 
        corporation and an organization described in section 
        170(c)(2)(B) of the Internal Revenue Code of 1986''.
            (10) Congress has the power to create positions that are 
        ``officers of the United States'' pursuant to the Appointments 
        Clause that are not employees of the United States Government.
            (11) As the United States does not have diplomatic 
        relations with Taiwan, Taiwanese officials and diplomats do not 
        receive diplomatic visas; instead, they are provided investor 
        visas, which do not accurately represent their purpose in the 
        United States as official representatives of Taiwan.

SEC. 3. NEGOTIATIONS; REPORT.

    (a) Negotiations.--Reflective of the substantively deepening ties 
between Taiwan and the United States, the Secretary of State shall seek 
to enter into negotiations with the Taipei Economic and Cultural 
Representative Office in the United States to rename its office in 
Washington, D.C., the Taiwan Representative Office in the United 
States.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of State shall submit 
        to the Committee on Foreign Affairs of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate a report that describes the status of the negotiations 
        between the Department of State and the Taiwan Council for U.S. 
        Affairs in accordance with subsection (a).
            (2) Contents.--The report required under paragraph (1) 
        shall--
                    (A) describe the progress made in such 
                negotiations;
                    (B) contain a transparent, open, and detailed 
                accounting of such negotiations to date, including the 
                number of meetings or conversations held and with whom;
                    (C) identify the key stakeholders involved in such 
                negotiations; and
                    (D) describe the challenges concerning the United 
                States Government's ability to advance the name change 
                and recommendations to resolve, mitigate, or otherwise 
                address related challenges.
            (3) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form but may contain a classified 
        annex.

SEC. 4. SENATE CONFIRMATION OF INDIVIDUAL APPOINTED TO SERVE AS 
              DIRECTOR OF THE AMERICAN INSTITUTE IN TAIWAN.

    (a) Sense of Congress.--It is the sense of Congress that an 
extended period without a Director of the American Institute in Taiwan 
would be detrimental to United States interests.
    (b) Senate Confirmation of Director.--
            (1) In general.--Notwithstanding any other provision of 
        law, the President shall appoint, by and with the advice and 
        consent of the Senate, an individual to serve as the Director 
        of the American Institute in Taiwan.
            (2) Effective date.--This section shall take effect 
        beginning with the first appointment by the President of an 
        individual to serve as the Director of the American Institute 
        in Taiwan that is made after the date of the enactment of this 
        section.
    (c) Location in Taipei, Taiwan.--An individual who serves as the 
Director of the American Institute in Taiwan shall serve at the 
Institute in Taipei, Taiwan.
    (d) Successor Position.--Any reference to the position of Director 
of the American Institute in Taiwan in this section includes any 
similar successor position.

SEC. 5. NONIMMIGRANT STATUS FOR DIPLOMATS FROM TAIWAN.

    (a) In General.--Section 101(a)(15) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
            (1) in subparagraph (U), by striking ``or'' at the end;
            (2) in subparagraph (V), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(W)(i) an ambassador, public minister, or career 
                diplomatic or consular officer who has been accredited 
                by Taiwan, and who is accepted by the President or by 
                the Secretary of State, and the members of the alien's 
                immediate family;
                    ``(ii) upon a basis of reciprocity, other officials 
                and employees who have been accredited by Taiwan, who 
                are accepted by the Secretary of State, and the members 
                of their immediate families;
                    ``(iii) upon a basis of reciprocity, attendants, 
                servants, personal employees, and members of their 
                immediate families, of the officials and employees who 
                have a nonimmigrant status under clauses (i) and (ii);
                    ``(iv) a designated principal resident 
                representative of the Taiwan, for which Taiwan is a 
                member or observer of an international organization 
                entitled to enjoy privileges, exemptions, and 
                immunities as an international organization under the 
                International Organizations Immunities Act (22 U.S.C. 
                288), accredited resident members of the staff of such 
                representatives, and members of his or their immediate 
                family;
                    ``(v) other accredited representatives of Taiwan to 
                such international organizations, and the members of 
                their immediate families;
                    ``(vi) an alien able to qualify under clause (iv) 
                or (v), except for the fact that Taiwan is not a member 
                or observer of such international organization, and the 
                members of his immediate family; and
                    ``(vii) attendants, servants, and personal 
                employees of any such representative, officer, or 
                employee who have a nonimmigrant status under clause 
                (iv), (v), or (vi) and the members of the immediate 
                families of such attendants, servants, and personal 
                employees.''.
    (b) Inapplicability of Certain Provisions Related to Issuing of 
Visas.--Section 102 of the Immigration and Nationality Act (8 U.S.C. 
1102) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``within the class described in 
                paragraph (15)(A)(i) of'' and inserting ``within a 
                class described in paragraph (15)(A)(i) or (15)(W)(i) 
                of''; and
                    (B) by inserting ``or (15)(W)(i)'' after ``such 
                paragraph (15)(A)(i)'';
            (2) in paragraph (2)--
                    (A) by striking ``within the class described in 
                paragraph (15)(G)(i) of'' and inserting ``within a 
                class described in paragraph (15)(G)(i) or (15)(W)(iv) 
                of'';
                    (B) by inserting ``or (15)(W)(iv)'' after ``such 
                paragraph (15)(G)(i)''; and
                    (C) by striking ``and'' at the end;
            (3) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(4) within the classes described in paragraphs 
        (15)(W)(ii), (15)(W)(v), or (15)(W)(vi), of section 101(a), 
        except those provisions relating to reasonable requirements of 
        passports and visas as a means of identification and 
        documentation necessary to establish their qualifications under 
        such paragraphs, and the provisions of subparagraphs (A) 
        through (C) of section 212 (a)(3).''.
    (c) Adjustment of Status of Certain Resident Aliens to Nonimmigrant 
Status.--Section 247 of the Immigration and Nationality Act (8 U.S.C. 
1257) is amended by striking ``or (15)(G)'' each place it appears and 
inserting ``(15)(G), or (15)(W)''.
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