[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5401-S5404]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5945. Mr. MARKEY submitted an amendment intended to be proposed to
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe)
and intended to be proposed to the bill H.R. 7900, to authorize
appropriations for fiscal year 2023 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 title XII, add the following:
Subtitle G--Supporting United States Educational and Exchange Programs
With Taiwan
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Taiwan Fellowship
Act''.
SEC. 1282. FINDINGS.
Congress makes the following findings:
(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) 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''.
SEC. 1283. PURPOSES.
The purposes of this subtitle 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
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--
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(A) to learn or strengthen Mandarin Chinese language
skills; and
(B) 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.
SEC. 1284. DEFINITIONS.
In this subtitle:
(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, the Congressional Budget
Office, and 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 Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(4) Detailee.--The term ``detailee''--
(A) 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; 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.
(6) Program.--The term ``Program'' means the Taiwan
Fellowship Program established pursuant to section 1285.
SEC. 1285. TAIWAN FELLOWSHIP PROGRAM.
(a) Establishment.--The Secretary of State shall establish
the Taiwan Fellowship Program (referred to in this section 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.
(b) Cooperative Agreement.--
(1) In general.--The American Institute in Taiwan should
use amounts appropriated pursuant to section 1288(a) to enter
into an annual or multi-year cooperative agreement with an
appropriate implementing partner.
(2) Fellowships.--The Department of State or the American
Institute in Taiwan, in consultation with, as appropriate,
the implementing partner, should award to eligible United
States citizens, subject to available funding--
(A) approximately 5 fellowships during the first 2 years of
the Program; and
(B) approximately 10 fellowships during each of the
remaining years of the Program.
(c) American Institution in Taiwan 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
governing authorities on Taiwan; 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 subtitle, should work in--
(A) a parliamentary office, ministry, or other agency of
the governing authorities on Taiwan; or
(B) 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 is or had been employed.
(e) Flexible Fellowship Duration.--Notwithstanding any
requirement under this section, 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 subsection (d) for such
purposes.
(f) Sunset.--The fellowship program under this subtitle
shall terminate 7 years after the date of the enactment of
this Act.
(g) Program Requirements.--
(1) Eligibility requirements.--A United States citizen is
eligible for a fellowship under this section 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 this section shall agree, as a condition of
such fellowship--
(A) to maintain satisfactory progress in language training
and appropriate behavior in Taiwan, consistent with United
States Government policy toward 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, with
the concurrence of 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 in 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 politics, culture, and history of
Taiwan, China, and the broader Indo-Pacific.
(C) Waiver of first-year 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 (2) 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--
(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 division and
their dependents.
(E) Other functions.--The implementing partner may perform
other functions in association with 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 section shall reimburse the American
Institute in Taiwan, or the appropriate United States
Government agency for--
(i) the Federal funds expended for the fellow's
participation in the fellowship, as set forth in paragraphs
(2) and (3); and
(ii) interest accrued on such funds (calculated at the
prevailing rate).
(B) Full reimbursement.--Any fellow who violates paragraph
(1) or (2) of subsection (b) shall reimburse the American
Institute in Taiwan, or the appropriate United States
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Government agency, 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 subparagraph (A),
which shall be calculated at the prevailing rate.
(C) Pro rata reimbursement.--Any fellow who violates
subsection (b)(3) shall reimburse the American Institute in
Taiwan, or the appropriate United States Government agency,
in an amount equal to the difference between--
(i) the amount specified in paragraph (2); 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 subsection
(b)(3) during which the fellow did not remain employed by the
Federal Government.
SEC. 1286. REPORTS AND AUDITS.
(a) Annual Report.--Not later than 90 days after the
selection of the first class of fellows under this subtitle,
and annually thereafter for 7 years, the Department of State
shall offer to brief the appropriate committees of Congress
regarding the following issues:
(1) An assessment of the performance of the implementing
partner in fulfilling the purposes of this division.
(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 governing authorities on Taiwan, 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 Fellowship Program, including
added flexibilities in the administration of the program.
(5) 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.
(b) Annual Financial Audit.--
(1) In general.--The financial records of any implementing
partner shall be audited annually in accordance with
generally accepted government 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 9 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 cooperative agreements 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. 1287. 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
subtitle, to the American Institute in Taiwan for the purpose
of assignment to the governing authorities on Taiwan or an
organization described in section 1285(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 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
(B) to pay to the American Institute in Taiwan, or the
United States Government agency, as appropriate, 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 from 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 1285(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 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.
(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. 1288. FUNDING.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the American Institute in Taiwan--
(1) for fiscal year 2023, $2,900,000, of which--
(A) $500,000 shall be used to launch the Taiwan Fellowship
Program through a competitive cooperative agreement with an
appropriate implementing partner;
(B) $2,300,000 shall be used to fund a cooperative
agreement with an appropriate implementing partner; and
(C) $100,000 shall be used for management expenses of the
American Institute in Taiwan related to the management of the
Taiwan Fellowship Program; and
(2) for fiscal year 2024, and each succeeding fiscal year,
$2,400,000, of which--
(A) $2,300,000 shall be used for a cooperative agreement 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.
SEC. 1289. STUDY AND REPORT.
Not later than one year prior to the sunset of the
fellowship program under section 1285(f), 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--
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(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 an assessment of the 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.
SEC. 1290. SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE
PROGRAMS WITH TAIWAN.
(a) Establishment of the United States-Taiwan Cultural
Exchange Foundation.--The Secretary of State should consider
establishing an independent nonprofit entity that--
(1) is dedicated to deepening ties between the future
leaders of Taiwan and the future leaders of the United
States; and
(2) works with State and local school districts and
educational institutions to send high school and university
students to Taiwan to study the Chinese language, culture,
history, politics, and other relevant subjects.
(b) Partner.--State and local school districts and
educational institutions, including public universities, are
encouraged to partner with the Taipei Economic and Cultural
Representative Office in the United States to establish
programs to promote more educational and cultural exchanges.
______