,,ii #aafth ,,congress #b;d ,session ,s4 #dcbg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bg1 #bjbj,mr4 ,rubio 7for ,mr4 ,markey for himself and ,mr4 ,rubio77 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to establish the ,taiwan ,fellowship ,program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,taiwan ,fellowship ,act4 #b4 ,findings2 purposes 7a7 ,findings ,congress finds the following3 7#a7 ,the ,taiwan ,relations ,act 7,public ,law #if-h2 #bb ,u4,s4,c4 #ccja et seq47 affirmed ,united ,states policy to preserve and promote extensive1 close1 and friendly commercial1 cultural1 and other relations between the people of the ,united ,states and the people on ,taiwan1 as well as the people on the ,china mainland and all other peoples of the ,western ,pacific area4 7#b7 ,consistent with the ,asia ,reassurance ,initiative ,act of #bjah 7,public ,law #aae-dji71 the ,united ,states has grown its strategic partnership with ,taiwan's vibrant democracy of #bc1jjj1jjj people4 7#c7 ,despite a concerted campaign by the ,people's ,republic of ,china to isolate ,taiwan from its diplomatic partners and from international organizations1 including the ,world ,health ,organization1 ,taiwan has emerged as a global leader in the coronavirus global pandemic response1 including by donating more than #b1jjj1jjj surgical masks and other medical equipment to the ,united ,states4 7#d7 ,the creation of a ,united ,states fellowship program with ,taiwan would support a key priority of expanding people-to-people exchanges1 which was outlined in the ,president's #bjag ,national ,security ,strategy4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 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 to ,taiwan for intensive study in ,mandarin and placement as ,fellows with ,taiwan authorities or a ,taiwanese civic institution2 7#b7 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 region2 7#c7 to better position the ,united ,states to advance its economic1 security1 and human rights interests in the ,indo-,pacific region2 and 7#d7 to encourage further expansion of other people-to-people exchanges1 including by expanding the ,fulbright ,scholars ,program1 the ,international ,visitors ,leadership ,program1 and other exchange programs that permit the people of ,taiwan to work and study in the ,united ,states4 #c4 ,definitions ,in this ,act3 7#a7 ,agency head ,the term agency head means-- 7,a7 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 ,representatives1 the head of the respective agency2 7,b7 in the case of the judicial branch of ,united ,states ,government1 the chief judge of the respective court2 7,c7 in the case of the ,senate1 the ,president pro tempore1 in consultation with the majority leader and the minority leader of the ,senate2 and 7,d7 in the case of the ,house of ,representatives1 the ,speaker of the ,house1 in consultation with the majority leader and the minority leader of the ,house of ,representatives4 7#b7 ,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 branch4 7#c7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,appropriations of the ,senate2 7,b7 the ,committee on ,foreign ,relations of the ,senate2 7,c7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#d7 ,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 employed4 7#e7 ,implementing partner ,the term implementing partner means any ,united ,states organization described in #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf that-- 7,a7 performs logistical1 administrative1 and other functions1 as determined by the ,department of ,state and the ,american ,institute of ,taiwan in support of the ,taiwan ,fellowship ,program2 and 7,b7 enters into a cooperative agreement with the ,american ,institute in ,taiwan to administer the ,taiwan ,fellowship ,program4 #d4 ,establishment of ,taiwan ,fellowship ,program 7a7 ,establishment ,the ,secretary of ,state shall establish the ,taiwan ,fellowship ,program to provide #b-year fellowship opportunities in ,taiwan for eligible ,united ,states citizens4 ,the ,department of ,state1 in consultation with the ,american ,institute in ,taiwan and the implementing partner1 may modify the program name4 7b7 ,grants 7#a7 ,in general ,the ,american ,institute in ,taiwan should use amounts appropriated pursuant to section #g7;a7 to provide annual or multi-year grants to an appropriate implementing partner4 7#b7 ,fellowships ,the ,department of ,state1 in consultation with the ,american ,institute in ,taiwan and1 as appropriate1 the implementing partner1 should annually award not fewer than #aj #b-year fellowships 7based on available funding7 to eligible ,united ,states citizens4 7c7 ,international agreement2 implementing partner ,not later than #cj days after the date of the enactment of this ,act1 the ,american ,institute in ,taiwan1 in consultation with the ,department of ,state1 should-- 7#a7 begin negotiations with the ,taipei ,economic and ,cultural ,representative ,office1 or with another appropriate entity1 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 fellowships2 and 7#b7 begin the process of selecting an implementing partner1 which-- 7,a7 shall agree to meet all of the legal requirements required to operate in ,taiwan2 and 7,b7 shall be composed of staff who demonstrate significant experience managing exchange programs in the ,indo-,pacific region4 7d7 ,curriculum 7#a7 ,first year ,during the first year of each fellowship under this section1 each fellow should study-- 7,a7 the ,mandarin ,chinese language2 7,b7 the people1 history1 and political climate on ,taiwan2 and 7,c7 the issues affecting the relationship between the ,united ,states and the ,indo-,pacific region4 7#b7 ,second year ,during the second year of each fellowship under this section1 each fellow1 subject to the approval of the ,department of ,state1 the ,american ,institute in ,taiwan1 and the implementing partner1 and in accordance with the purposes of this ,act1 shall work in-- 7,a7 a parliamentary office1 ministry1 or other agency of ,taiwan authorities2 or 7,b7 an organization outside of ,taiwan authorities1 whose interests are associated with the interests of the fellow and the agency of the ,united ,states ,government from which the fellow had been employed4 7e7 ,pilot program ,notwithstanding any requirement under this section1 during fiscal years #bjba and #bjbb1 the ,secretary of ,state may select fewer than #aj fellows for placement in a parliamentary office1 ministry1 or other agency of ,taiwan authorities for a period shorter than #a year4 #e4 ,program requirements 7a7 ,eligibility requirements ,a ,united ,states citizen is eligible for a fellowship under section #d if he or she-- 7#a7 is an employee of the ,united ,states ,government2 7#b7 has at least #b years of experience in any branch of the ,united ,states ,government2 7#c7 has a demonstrated professional or educational background in the relationship between the ,united ,states and countries in the ,indo-,pacific region2 7#d7 has demonstrated his or her commitment to further service in the ,united ,states ,government2 and 7#e7 meets any other qualifications established by the ,department of ,state1 the ,american ,institute in ,taiwan and1 as appropriate1 its implementing partner4 7b7 ,responsibilities of fellows ,each recipient of a fellowship under this ,act shall agree1 as a condition of such fellowship-- 7#a7 to maintain satisfactory progress in language training and appropriate behavior in ,taiwan1 as determined by the ,department of ,state1 the ,american ,institute in ,taiwan and1 as appropriate1 its implementing partner2 7#b7 to refrain from engaging in any intelligence or intelligence-related activity on behalf of the ,united ,states ,government2 and 7#c7 to continue ,federal ,government employment for a period of not less than #d years after the conclusion of the fellowship4 7c7 ,responsibilities of implementing partner 7#a7 ,selection of fellows ,the implementing partner1 in close coordination with the ,department of ,state and the ,american ,institute in ,taiwan1 shall-- 7,a7 make efforts to recruit fellowship candidates who reflect the diversity of the ,united ,states2 and 7,b7 select fellows for the ,taiwan ,fellowship ,program based solely on merit1 with appropriate supervision from the ,department of ,state and the ,american ,institute in ,taiwan4 7#b7 ,first year ,the implementing partner should provide each fellow in the first year of his or her fellowship with-- 7,a7 intensive ,mandarin ,chinese language training2 and 7,b7 courses in the political economy of ,taiwan1 ,china1 and the broader ,indo-,pacific4 7#c7 ,waiver of required training ,the ,department of ,state1 in coordination with the ,american ,institute in ,taiwan and1 as appropriate1 the implementing partner1 may waive any of the training required under paragraph 7#a7 to the extent that a fellow has ,mandarin language skills1 knowledge of the topic described in paragraph 7#b77;,b71 or for other reasons approved by the ,department of ,state and the ,american ,institute in ,taiwan4 ,if any of the training requirement is waived for a fellow1 the first year of his or her fellowship may be shortened to the extent appropriate4 7#d7 ,office2 staffing ,the implementing partner1 in consultation with the ,department of ,state and the ,american ,institute in ,taiwan1 shall maintain an office and at least #a full-time staff member in ,taiwan-- 7,a7 to liaise with the ,american ,institute in ,taiwan and ,taiwan authorities2 and 7,b7 to serve as the primary in-country point of contact for the recipients of fellowships under this ,act and their dependents4 7#e7 ,other functions ,the implementing partner shall perform other functions in association in support of the ,taiwan ,fellowship ,program1 including logistical and administrative functions1 as prescribed by the ,department of ,state and the ,american ,institute in ,taiwan4 7d7 ,noncompliance 7#a7 ,in general ,any fellow who fails to comply with the requirements under this section shall reimburse the ,american ,institute in ,taiwan for-- 7,a7 the ,federal funds expended for the fellow's participation in the fellowship1 as set forth in paragraphs 7#b7 and 7#c72 and 7,b7 interest accrued on such funds 7calculated at the prevailing rate74 7#b7 ,full reimbursement ,any fellow who violates paragraph 7#a7 or 7#b7 of subsection 7b7 shall reimburse the ,american ,institute in ,taiwan in an amount equal to the sum of-- 7,a7 all of the ,federal funds expended for the fellow's participation in the fellowship2 and 7,b7 interest on the amount specified in subparagraph 7,a71 which shall be calculated at the prevailing rate4 7#c7 ,pro rata reimbursement ,any fellow who violates subsection 7b77#c7 shall reimburse the ,american ,institute in ,taiwan in an amount equal to the difference between-- 7,a7 the amount specified in paragraph 7#b72 and 7,b7 the product of-- 7i7 the amount the fellow received in compensation during the final year of the fellowship1 including the value of any allowances and benefits received by the fellow2 multiplied by 7ii7 the percentage of the period specified in subsection 7b77#c7 during which the fellow did not remain employed by the ,federal ,government4 7e7 ,annual report ,not later than #ij days after the selection of the first class of fellows under this ,act1 and annually thereafter1 the ,department of ,state shall offer to brief the appropriate congressional committees regarding the following issues3 7#a7 ,an assessment of the performance of the implementing partner in fulfilling the purposes of this ,act4 7#b7 ,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 ,states4 7#c7 ,the names of the parliamentary offices1 ministries1 other agencies of the ,taiwan authorities1 and nongovernmental institutions to which each fellow was assigned during the second year of the fellowship4 7#d7 ,any recommendations1 as appropriate1 to improve the implementation of the ,taiwan ,fellows ,program1 including added flexibilities in the administration of the program4 7#e7 ,an assessment of the ,taiwan ,fellows ,program's value upon the relationship between the ,united ,states and ,taiwan or the ,united ,states and ,asian countries4 7f7 ,annual financial audit 7#a7 ,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 ,states4 7#b7 ,location ,each audit under paragraph 7#a7 shall be conducted at the place or places where the financial records of the implementing partner are normally kept4 7#c7 ,access to documents ,the implementing partner shall make available to the accountants conducting an audit under paragraph 7#a7-- 7,a7 all books1 financial records1 files1 other papers1 things1 and property belonging to1 or in use by1 the implementing partner that are necessary to facilitate the audit2 and 7,b7 full facilities for verifying transactions with the balances or securities held by depositories1 fiscal agents1 and custodians4 7#d7 ,report 7,a7 ,in general ,not later than #f months after the end of each fiscal year1 the implementing partner shall provide a report of the audit conducted for such fiscal year under paragraph 7#a7 to the ,department of ,state and the ,american ,institute in ,taiwan4 7,b7 ,contents ,each audit report shall-- 7i7 set forth the scope of the audit2 7ii7 include such statements1 along with the auditor's opinion of those statements1 as may be necessary to present fairly the implementing partner's assets and liabilities1 surplus or deficit1 with reasonable detail2 7iii7 include a statement of the implementing partner's income and expenses during the year2 and 7iv7 include a schedule of-- 7,i7 all contracts and grants requiring payments greater than #e1jjj2 and 7,,ii7 any payments of compensation1 salaries1 or fees at a rate greater than #e1jjj per year4 7,c7 ,copies ,each audit report shall be produced in sufficient copies for distribution to the public4 #f4 ,taiwan fellows on detail from government service 7a7 ,in general 7#a7 ,detail authorized ,with the approval of the ,secretary of ,state1 an agency head may detail1 for a period of not more than #b years1 an employee of the agency of the ,united ,states ,government who has been awarded a fellowship under this ,act1 to the ,american ,institute in ,taiwan for the purpose of assignment to ,taiwan authorities or an organization described in section #d7;d77#b77;,b74 7#b7 ,agreement ,each detailee shall enter into a written agreement with the ,federal ,government before receiving a fellowship1 in which the fellow shall agree-- 7,a7 to continue in the service of the sponsoring agency at the end of the fellowship for a period of at least #b years unless the detailee is involuntarily separated from the service of such agency or participates in a pilot program authorized under section #d7;e72 and 7,b7 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 agency4 7#c7 ,exception ,the payment agreed to under paragraph 7#b77;,b7 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 subsection4 7b7 ,status as ,government employee ,a detailee-- 7#a7 is deemed1 for the purpose of preserving allowances1 privileges1 rights1 seniority1 and other benefits1 to be an employee of the sponsoring agency2 7#b7 is entitled to pay1 allowances1 and benefits from funds available to such agency1 which is deemed to comply with section #eecf of title #e1 ,united ,states ,code2 and 7#c7 may be assigned to a position with an entity described in section #d7;d77#b77;,a7 if acceptance of such position does not involve-- 7,a7 the taking of an oath of allegiance to another government2 or 7,b7 the acceptance of compensation or other benefits from any foreign government by such detailee4 7c7 ,responsibilities of sponsoring agency 7#a7 ,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 regulations1 including-- 7,a7 a living quarters allowance to cover the cost of housing in ,taiwan2 7,b7 a cost of living allowance to cover any possible higher costs of living in ,taiwan2 7,c7 a temporary quarters subsistence allowance for up to #g days if the fellow is unable to find housing immediately upon arriving in ,taiwan2 7,d7 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 ,states2 7,e7 moving expenses to transport personal belongings of the fellow and his or her family in their move to ,taiwan1 which is comparable to the allowance given for ,american ,institute in ,taiwan employees assigned to ,taiwan2 and 7,f7 an economy-class airline ticket to and from ,taiwan for each fellow and the fellow's immediate family4 7#b7 ,modification of benefits ,the ,american ,institute in ,taiwan and its implementing partner1 with the approval of the ,department of ,state1 may modify the benefits set forth in paragraph 7#a7 if such modification is warranted by fiscal circumstances4 7d7 ,no financial liability ,the ,american ,institute in ,taiwan1 the implementing partner1 and any ,taiwan authorities 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 pay1 allowances1 or any other benefit normally provided to the detailee4 7e7 ,reimbursement ,fellows may be detailed under subsection 7a77#a7 without reimbursement to the ,united ,states by the ,american ,institute in ,taiwan4 7f7 ,allowances and benefits ,detailees may be paid by the ,american ,institute in ,taiwan for the allowances and benefits listed in subsection 7c74 #g4 ,funding 7a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,american ,institute in ,taiwan-- 7#a7 for fiscal year #bjba1 #ejj1jjj to launch the ,taiwan ,fellowship ,program through the issuance of a competitive grant to an appropriate implementing partner2 and 7#b7 for fiscal year #bjba1 and each succeeding fiscal year1 #c1bjj1jjj1 of which-- 7,a7 #b1cjj1jjj shall be used for a grant to the appropriate implementing partner2 and 7,b7 #ajj1jjj shall be used for management expenses of the ,american ,institute in ,taiwan related to the management of the ,taiwan ,fellowship ,program4 7b7 ,private sources ,the implementing partner selected to implement the ,taiwan ,fellowship ,program may accept1 use1 and dispose of gifts or donations of services or property in carrying out such program1 subject to the review and approval of the ,american ,institute in ,taiwan4