[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Pages S3506-S3508]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2048. Mr. MARKEY (for himself and Mr. Rubio) submitted an
amendment intended to be proposed by him to the bill S. 4049, to
authorize appropriations for fiscal year 2021 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title XII of division A, add
the following:
SEC. 1262. TAIWAN FELLOWSHIP PROGRAM.
(a) Short Title.--This section may be cited as the ``Taiwan
Fellowship Act''.
(b) Findings; Purposes.--
(1) Findings.--Congress finds the following:
(A) 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''.
(B) 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.
(C) 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.
(D) 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.
(2) Purposes.--The purposes of this section are--
(A) 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
[[Page S3507]]
to Taiwan for intensive study in Mandarin and placement as
Fellows with Taiwan central authorities or a Taiwanese civic
institution;
(B) 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;
(C) to better position the United States to advance its
economic, security, and human rights interests in the Indo-
Pacific region; and
(D) 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.
(c) Definitions.--In this section:
(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 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.
(d) Establishment of Taiwan Fellowship Program.--
(1) 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.
(2) Grants.--
(A) In general.--The American Institute in Taiwan should
use amounts appropriated pursuant to subsection (g)(1) to
provide annual or multi-year grants to an appropriate
implementing partner.
(B) 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.
(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, should--
(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
Taiwan authorities during the second year of their
fellowships; 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 subsection, 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
Taiwan authorities; or
(ii) 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.
(5) 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.
(e) Program Requirements.--
(1) Eligibility requirements.--A United States citizen is
eligible for a fellowship under subsection (d) if he or she--
(A) is an employee of the United States Government;
(B) has at least 2 years of experience in any branch of the
United States Government;
(C) has a strong career interest in the relationship
between the United States and countries in the Indo-Pacific
region;
(D) has demonstrated his or her commitment to further
service in the United States Government; and
(E) meets any other qualifications established by the
Department of State, the American Institute in Taiwan and, as
appropriate, its implementing partner.
(2) Responsibilities of fellows.--Each recipient of a
fellowship under this subsection should 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 2 years after the conclusion of the
fellowship unless, if the implementing partner determines,
after consultation with the American Institute of Taiwan,
that the fellow is unable to secure such employment for
reasons beyond the fellow's control, after receiving
assistance from the sponsoring agency.
(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; and
(ii) 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.
(B) First year.--The implementing partner may provide each
fellow in the first year of his or her fellowship with--
(i) intensive Mandarin Chinese language training; and
(ii) courses in the political economy 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 (A) to the extent that a
fellow has Mandarin language skills, knowledge of the topic
described in subparagraph (B)(ii), 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.
(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 1
full-time staff member in Taiwan--
(i) to liaise with the American Institute in Taiwan and
Taiwan authorities; and
(ii) to serve as the primary in-country point of contact
for the recipients of fellowships under this Act and their
dependents.
(4) Noncompliance.--
(A) In general.--Any fellow who fails to comply with the
requirements under this subsection 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
[[Page S3508]]
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
Federal Government.
(5) Annual report.--Not later than 90 days after the
selection of the first class of fellows under this section,
and annually thereafter, 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 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.
(C) 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.
(D) Any recommendations to improve the implementation of
the Taiwan Fellows Program, including added flexibilities in
the administration of the program.
(E) 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.
(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 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
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 grants 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.
(f) 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 2 years, an employee of the agency of the United States
Government who has been awarded a fellowship under this
section, to the American Institute in Taiwan.
(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 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 subsection (d)(5); and
(ii) 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.
(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 paragraph.
(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 detailed to a position with an entity described
in subsection (d)(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 Federal agency from which a detailee
is detailed should provide the fellow allowances and benefits
that are consistent with Department of State Standardized
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
7 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 governmental or
nongovernmental entity 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).
(g) Funding.--
(1) Authorization of appropriations.--There are authorized
to be appropriated to the American Institute in Taiwan--
(A) 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
(B) for fiscal year 2021, and each succeeding fiscal year,
$3,200,000, of which--
(i) $3,100,000 shall be used for a grant to the appropriate
implementing partner; and
(ii) $100,000 shall be used for management expenses of the
American Institute in Taiwan related to the management of the
Taiwan Fellowship Program.
(2) 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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