[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.
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