22 U.S.C. § 3384 — Taiwan Fellowship Program

Page 1355 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3384 1 So in original. Probably should be ‘‘Institute’’. § 3384. Taiwan Fellowship Program (a) Establishment The Secretary of State shall establish the Tai- wan Fellowship Program (referred to in this sec- tion as the ‘‘Program’’) to provide a fellowship opportunity in Taiwan of up to 2 years for eligi- ble United States citizens. The Department of State, in consultation with the American Insti- tute 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 3387(a) of this title to enter into an annual or multi-year cooperative agreement with an ap- propriate 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, sub- ject 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 1 in Taiwan agreement; implementing partner Not later than 30 days after December 23, 2022, the American Institute in Taiwan, in consulta- tion with the Department of State, should— (1) begin negotiations with the Taipei Eco- nomic and Cultural Representative Office, or with another appropriate entity, for the pur- pose of entering into an agreement to facili- tate the placement of fellows in an agency of Taiwan; and (2) begin the process of selecting an imple- menting partner, which— (A) shall agree to meet all of the legal re- quirements required to operate in Taiwan; and (B) shall be composed of staff who dem- onstrate significant experience managing ex- change 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 cli- mate on Taiwan; and (C) the issues affecting the relationship be- tween the United States and the Indo-Pa- cific 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 imple- menting partner, and in accordance with the purposes of this chapter, should work in— (A) a parliamentary office, ministry, or other agency of Taiwan; or (B) an organization outside the public sec- tor in Taiwan, whose interests are associ- ated with the interests of the fellow and the agency of the United States Government from which the fellow is or had been em- ployed. (e) Program requirements (1) Eligibility requirements A United States citizen is eligible for a fel- lowship under this section if the citizen— (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 Govern- ment; (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 commit- ment to further service in the United States Government. (2) Responsibilities of fellows Each recipient of a fellowship under this sec- tion shall agree, as a condition of such fellow- ship— (A) to maintain satisfactory progress in language training and appropriate behavior in Taiwan, consistent with United States Government policy toward Taiwan, as deter- mined by the Department of State, the American Institute in Taiwan and, as appro- priate, its implementing partner; (B) to refrain from engaging in any intel- ligence or intelligence-related activity on behalf of the United States Government; and (C) to continue Federal Government em- ployment 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 con- currence 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 Fellow- ship Program based solely on merit, with appropriate supervision from the Depart- ment 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 dura- tion, as jointly determined by the Depart- ment of State and the American Institute in Taiwan for those who are not serving a 2- year fellowship) with— Page 1356 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3385 (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 fel- low has Mandarin language skills, knowl- edge of the topic described in subparagraph (B)(ii), or for other related reasons approved by the Department of State and the Amer- ican Institute in Taiwan. If any of the train- ing requirements are waived for a fellow serving a 2-year fellowship, the training por- tion of his or her fellowship may be short- ened to the extent appropriate. (D) Office; staffing The implementing partner, in consultation with the Department of State and the Amer- ican 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 institutions of Taiwan; and (ii) to serve as the primary in-country point of contact for the recipients of fel- lowships under this subchapter and their dependents. (E) Other functions The implementing partner may perform other functions in association with support of the Taiwan Fellowship Program, includ- ing 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 reim- burse 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 subparagraphs (B) and (C); and (ii) interest accrued on such funds (cal- culated 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, or the appro- priate United States Government agency, in an amount equal to the sum of— (i) all of the Federal funds expended for the fellow’s participation in the fellow- ship; and (ii) interest on the amount specified in subparagraph (A), which shall be cal- culated at the prevailing rate. (C) Pro rata reimbursement Any fellow who violates subparagraph (C) of paragraph (2) shall reimburse the Amer- ican Institute in Taiwan, or the appropriate United States Government agency, 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 speci- fied in paragraph (2)(C) during which the fellow did not remain employed by the Federal Government. (f) 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 2 years, and may alter the curriculum re- quirements under subsection (d) for such pur- poses. (g) Sunset The fellowship program under this subchapter shall terminate 7 years after December 23, 2022. (Pub. L. 117–263, div. E, title LV, § 5530, Dec. 23, 2022, 136 Stat. 3326.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d)(2), was in the original ‘‘this subtitle’’, meaning subtitle A (§§ 5501–5540) of Pub. L. 117–263, div. E, title LV, Dec. 23, 2022, 136 Stat. 3292, known as the Taiwan Enhanced Re- silience Act, which is classified principally to this chapter. For complete classification of subtitle A to the Code, see Short Title note set out under section 3351 of this title and Tables. § 3385. Reports and audits (a) Annual report Not later than 90 days after the selection of the first class of fellows under this subchapter, and annually thereafter for 7 years, the Depart- ment 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 pur- poses of this subchapter. (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 Taiwan, and non- governmental institutions to which each fel- low 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 flexibili- ties in the administration of the program. (5) An assessment of the Taiwan Fellowship Program’s value upon the relationship be- tween the United States and Taiwan or the United States and Asian countries.