Taiwan Fellowship Act
This bill directs the Department of State to establish a program to provide two-year 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. (The United States does not have official relations with Taiwan as a result of China's position that Taiwan is part of China. 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.)
The State Department and the American Institute in Taiwan shall select a nonprofit organization to implement the fellowship program.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7414 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7414
To establish the Taiwan Fellowship Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 29, 2020
Mr. Yoho (for himself and Mr. Bera) introduced the following bill;
which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
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 Taiwan central
authorities or a Taiwanese civic institution;
(2) to provide for eligible United States personnel to
learn Mandarin Chinese and expand their understanding of the
political economy of Taiwan and the Indo-Pacific region;
(3) to better position the United States to advance its
economic, security, and human rights interests in the Indo-
Pacific region; and
(4) to encourage further expansion of other people-to-
people exchanges, including by expanding the Fulbright Scholars
Program, the International Visitors Leadership Program, and
other exchange programs that permit the people of Taiwan to
work and study in the United States.
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'' 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 he or she is employed.
(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 in 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'' to provide 2-year fellowship
opportunities in Taiwan for eligible United States citizens. The
Department of State, in consultation with the American Institute in
Taiwan and the implementing partner, may modify the program name.
(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 annually award not fewer than 10
2-year fellowships (based on available funding) to eligible
United States citizens.
(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 Taiwan
authorities during the second year of their fellowships; 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 Taiwan authorities; or
(B) an organization outside of Taiwan authorities,
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) Pilot Program.--Notwithstanding any requirement under this
section, during fiscal years 2021 and 2022, the Secretary of State may
select fewer than 10 fellows for placement in a parliamentary office,
ministry, or other agency of Taiwan authorities for a period shorter
than 1 year.
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 strong career interest in the relationship
between the United States and countries in the Indo-Pacific
region;
(4) has demonstrated his or her commitment to further
service in the United States Government; and
(5) meets any other qualifications established by the
Department of State, the American Institute in Taiwan and, as
appropriate, its implementing partner.
(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 2 years after the conclusion of the
fellowship.
(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; and
(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.
(2) First year.--The implementing partner should provide
each fellow in the first year of his or her 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 (1) to the extent that a
fellow has Mandarin language skills, knowledge of the topic
described in paragraph (2)(B), or for other reasons approved by
the Department of State and the American Institute in Taiwan.
If any of the training requirement is waived for a fellow, the
first year 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 Taiwan authorities; 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 to include those logistical and
administrative in nature as may be determined 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 Taiwan authorities, 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 purposes of assignment
to Taiwan authorities or an organization under section
4(d)(2)(B).
(2) Agreement.--Each detailee 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 the fellowship for a period of at
least 2 years unless the detailee is involuntarily
separated from the service of such agency or
participates in a pilot program authorized under
section 4(e); 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 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.
(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 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 may be paid by the American
Institute in Taiwan for the allowances and benefits listed in
subsection (c).
SEC. 7. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the American Institute in Taiwan--
(1) for fiscal year 2021, $500,000 to launch the Taiwan
Fellowship Program through the issuance of a competitive grant
to an appropriate implementing partner; and
(2) for fiscal year 2021, and each succeeding fiscal year,
$3,200,000, of which--
(A) $3,100,000 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
Referred to the Subcommittee on Asia, the Pacific and Nonproliferation.
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