[Congressional Record Volume 167, Number 192 (Tuesday, November 2, 2021)]
[Senate]
[Pages S7640-S7643]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4174. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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, add the following:

     SEC. 1253. TAIWAN FELLOWSHIP PROGRAM.

       (a) Short Title.--This section may be cited as the ``Taiwan 
     Fellowship Act''.
       (b) 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.

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       (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''.
       (c) Purposes.--The purposes of this section 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 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.
       (d) Definitions.--In this section:
       (1) Agency head.--The term ``agency head'' means in the 
     case of the executive branch of United States Government, or 
     a legislative branch agency described 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, Congressional Budget 
     Office, or the Congressional Research Service of the 
     legislative branch as well as any agency of the executive 
     branch.
       (3) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' 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) a legislative branch employee from the Government 
     Accountability Office, Congressional Budget Office, or the 
     Congressional Research Service.
       (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.
       (e) Establishment of Taiwan Fellowship Program.--
       (1) Establishment.--The Secretary of State shall establish 
     the ``Taiwan Fellowship Program'' (referred to in this 
     subsection 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.
       (2) Cooperative agreement.--
       (A) In general.--The American Institute in Taiwan should 
     use amounts appropriated pursuant to subsection (h)(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, should award to eligible United 
     States citizens, subject to available funding--
       (i) approximately 5 fellowships during the first 2 years of 
     the Program; and
       (ii) approximately 10 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, 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 
     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 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 section, should 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 subsection, 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 less than two years, and may alter 
     the curriculum requirements under paragraph (4) for such 
     purposes.
       (6) Sunset.--The fellowship program under this subsection 
     shall terminate 7 years after the date of the enactment of 
     this Act.
       (f) Program Requirements.--
       (1) Eligibility requirements.--A United States citizen is 
     eligible for a fellowship under subsection (e) 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 beginning the fellowship;
       (C) has at least 2 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 subsection (e) 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 4 years after the conclusion of the 
     fellowship or for not less than 2 years for a fellowship that 
     is 1 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 Taiwan Fellowship 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 1 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 
     2-year 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 (B) to the extent that a 
     fellow has Mandarin 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 2-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, may maintain an office and at least 1 
     full-time staff member in Taiwan--

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       (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 may 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.
       (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 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 for 7 years, the Department of State 
     shall offer to brief the appropriate committees of Congress 
     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 governing authorities on Taiwan, and 
     nongovernmental institutions to which each fellow was 
     assigned during the second year of the fellowship.
       (D) Any recommendations, as appropriate, to improve the 
     implementation of the Taiwan Fellowship Program, including 
     added flexibilities in the administration of the program.
       (E) An assessment of the Taiwan Fellowship 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 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.
       (g) 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 for the purpose 
     of assignment to the governing authorities on Taiwan or an 
     organization described in subsection (e)(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 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
       (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 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 section (f)(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 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 
     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 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).
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to the American Institute in Taiwan, for 
     fiscal year 2022 and for each succeeding fiscal year, 
     $2,300,000, which shall be used to fund a cooperative 
     agreement with the appropriate implementing partner.
       (i) Study and Report.--Not later than one year prior to the 
     sunset of the fellowship program under subsection (e), the 
     Comptroller General of the United States shall conduct a 
     study and submit to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House a 
     report that includes--
       (1) an analysis of the United States Government 
     participants in this program, including the number of 
     applicants and the number of fellowships undertaken, the 
     place of employment, and as assessment of the

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     costs and benefits for participants and for the United States 
     Government of such fellowships;
       (2) an analysis of the financial impact of the fellowship 
     on United States Government offices which have provided 
     Fellows to participate in the program; and
       (3) recommendations, if any, on how to improve the 
     fellowship program.
                                 ______