Sec. 3214. Taiwan Fellowship Program
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This section may be cited as the . Taiwan Fellowship Act Congress finds the following: 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 . 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.
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. 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 President Donald J.
Trump’s 2017 National Security Strategy; 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 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 .
The purposes of this section are— 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; 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 to better position the United States to advance its economic, security, and human rights interests and values in the Indo-Pacific region.
In this section: 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. 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. The term appropriate committees of Congress means— the Committee on Appropriations of the Senate; the Committee on Foreign Relations of the Senate; the Committee on Appropriations of the House of Representatives; and the Committee on Foreign Affairs of the House of Representatives.
The term detailee — 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 a legislative branch employee from the Government Accountability Office, Congressional Budget Office, or the Congressional Research Service. The term implementing partner means any United States organization described in 501(c)(3) of the Internal Revenue Code of 1986 that— 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 enters into a cooperative agreement with the American Institute in Taiwan to administer the Taiwan Fellowship Program.
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. 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.
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— approximately 5 fellowships during the first 2 years of the Program; and approximately 10 fellowships during each of the remaining years of the Program. 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— 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 begin the process of selecting an implementing partner, which— shall agree to meet all of the legal requirements required to operate in Taiwan; and shall be composed of staff who demonstrate significant experience managing exchange programs in the Indo-Pacific region.
During the first year of each fellowship under this subsection, each fellow should study— the Mandarin Chinese language; the people, history, and political climate on Taiwan; and the issues affecting the relationship between the United States and the Indo-Pacific region. 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— a parliamentary office, ministry, or other agency of the governing authorities on Taiwan; or 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.
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. The fellowship program under this subsection shall terminate 7 years after the date of the enactment of this Act. A United States citizen is eligible for a fellowship under subsection
(e)if he or she— is an employee of the United States Government; 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; has at least 2 years of experience in any branch of the United States Government; has a demonstrated professional or educational background in the relationship between the United States and countries in the Indo-Pacific region; and has demonstrated his or her commitment to further service in the United States Government. Each recipient of a fellowship under subsection
(e)shall agree, as a condition of such fellowship— 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; to refrain from engaging in any intelligence or intelligence-related activity on behalf of the United States Government; and 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. The implementing partner, in close coordination with the Department of State and the American Institute in Taiwan, shall— make efforts to recruit fellowship candidates who reflect the diversity of the United States; 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 prioritize the selection of candidates willing to serve a fellowship lasting 1 year or longer. 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— intensive Mandarin Chinese language training; and courses in the political economy of Taiwan, China, and the broader Indo-Pacific. 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. 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— to liaise with the American Institute in Taiwan and the governing authorities on Taiwan; and to serve as the primary in-country point of contact for the recipients of fellowships under this section and their dependents. 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. Any fellow who fails to comply with the requirements under this subsection shall reimburse the American Institute in Taiwan for— the Federal funds expended for the fellow’s participation in the fellowship, as set forth in subparagraphs
(B)and (C); and interest accrued on such funds (calculated at the prevailing rate). 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— all of the Federal funds expended for the fellow’s participation in the fellowship; and interest on the amount specified in clause (i), which shall be calculated at the prevailing rate. Any fellow who violates paragraph (2)(C) shall reimburse the American Institute in Taiwan in an amount equal to the difference between— the amount specified in subparagraph (B); and the product of— 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 the percentage of the period specified in paragraph (2)(C) during which the fellow did not remain employed by the Federal Government. 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: An assessment of the performance of the implementing partner in fulfilling the purposes of this section. 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. 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. Any recommendations, as appropriate, to improve the implementation of the Taiwan Fellowship Program, including added flexibilities in the administration of the program. 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. 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. Each audit under subparagraph
(A)shall be conducted at the place or places where the financial records of the implementing partner are normally kept. The implementing partner shall make available to the accountants conducting an audit under subparagraph (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 full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. 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. Each audit report shall— set forth the scope of the audit; 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; include a statement of the implementing partner’s income and expenses during the year; and include a schedule of— all contracts and cooperative agreements requiring payments greater than $5,000; and any payments of compensation, salaries, or fees at a rate greater than $5,000 per year. Each audit report shall be produced in sufficient copies for distribution to the public. 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). Each detailee shall enter into a written agreement with the Federal Government before receiving a fellowship, in which the fellow shall agree— 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 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. 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. A detailee— is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, to be an employee of the sponsoring agency; 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 may be assigned to a position with an entity described in section (f)(4)(B)(i) if acceptance of such position does not involve— the taking of an oath of allegiance to another government; or the acceptance of compensation or other benefits from any foreign government by such detailee. 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 living quarters allowance to cover the cost of housing in Taiwan; a cost of living allowance to cover any possible higher costs of living in Taiwan; a temporary quarters subsistence allowance for up to 7 days if the fellow is unable to find housing immediately upon arriving in Taiwan; 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; 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 an economy-class airline ticket to and from Taiwan for each fellow and the fellow’s immediate family. 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. 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. Fellows may be detailed under paragraph (1)(A) without reimbursement to the United States by the American Institute in Taiwan. Detailees may be paid by the American Institute in Taiwan for the allowances and benefits listed in paragraph (3). There are authorized to be appropriated to the American Institute in Taiwan— for fiscal year 2022, $2,900,000, of which— $500,000 shall be used to launch the Taiwan Fellowship Program through a competitive cooperative agreement with an appropriate implementing partner; $2,300,000 shall be used to fund a cooperative agreement with the appropriate implementing partner; and $100,000 shall be used for management expenses of the American Institute in Taiwan related to the management of the Taiwan Fellowship Program; and for fiscal year 2023, and each succeeding fiscal year, $2,400,000, of which— $2,300,000 shall be used to fund a cooperative agreement with an appropriate implementing partner; and $100,000 shall be used for management expenses of the American Institute in Taiwan related to the management of the Taiwan Fellowship Program. 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. 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— 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 costs and benefits for participants and for the United States Government of such fellowships; an analysis of the financial impact of the fellowship on United States Government offices which have provided Fellows to participate in the program; and recommendations, if any, on how to improve the fellowship program.
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- Pub. L. 96-8
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Sec. 3214
Taiwan Fellowship Program
Pub. L.Pub. L. 96-8
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