Taiwan Diplomatic Review Act

I 117TH CONGRESS 1ST SESSION H. R. 3634 To seek negotiations to rename the Taipei Economic and Cultural Representa- tive Office in the United States, to make the Director of the American Institute in Taiwan a position requiring Senate confirmation, to amend the Immigration and Nationality Act to provide nonimmigrant status for diplomats from Taiwan, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 28, 2021 Mr. SHERMAN (for himself, Mr. CHABOT, Mr. CONNOLLY, Mr. DIAZ-BALART, Mr. SIRES, and Mr. BUCK) introduced the following bill; which was re- ferred to the Committee on the Judiciary, and in addition to the Com- mittee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall with- in the jurisdiction of the committee concerned A BILL To seek negotiations to rename the Taipei Economic and Cultural Representative Office in the United States, to make the Director of the American Institute in Taiwan a position requiring Senate confirmation, to amend the Immigration and Nationality Act to provide non- immigrant status for diplomats from Taiwan, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 11:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3634.IH H3634 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3634 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Taiwan Diplomatic Re- 2 view Act’’. 3 SEC. 2. FINDINGS. 4 Congress finds the following: 5 (1) Pursuant to the Taiwan Relations Act (22 6 U.S.C. 3301(b)(1)), it is the policy of the United 7 States to ‘‘promote extensive, close, and friendly 8 commercial, cultural, and other relations between 9 the people of the United States and the people of 10 Taiwan’’. 11 (2) In May 2019, the Taiwanese counterpart to 12 the American Institute in Taiwan (AIT), the Coordi- 13 nation Council for North American Affairs was re- 14 named Taiwan Council for U.S. Affairs. 15 (3) It is the policy of the United States to refer 16 to Taiwan as ‘‘Taiwan’’, not ‘‘Taipei’’ or ‘‘Chinese 17 Taipei’’. 18 (4) The Taipei Economic and Cultural Rep- 19 resentative Office (TECRO) is inaptly named as it 20 works to cultivate the extensive, close, and friendly 21 commercial, cultural, and other relations between 22 the people of the United States and the people, orga- 23 nizations, and enterprises of Taiwan, not merely 24 those in Taipei. 25 VerDate Sep 11 2014 11:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3634.IH H3634 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3634 IH (5) The Director of the AIT serves as the prin- 1 cipal representative of the United States in Taiwan 2 and is responsible for preserving and promoting ex- 3 tensive, close, and friendly commercial, cultural, and 4 other relations between the people of the United 5 States and the people on Taiwan on behalf of the 6 United States Government. 7 (6) As Taiwan is a critical partner of the 8 United States in the Indo-Pacific, robust oversight 9 over United States policy towards the island is nec- 10 essary. 11 (7) Requiring the advice and consent of the 12 Senate with regards to the Director of the AIT sig- 13 nals the importance of the U.S.-Taiwan relationship. 14 (8) Several officers with relatively limited policy 15 roles when compared to the Director of the Amer- 16 ican Institute in Taiwan are subject to the advice 17 and consent of the Senate including the officials at 18 the John F. Kennedy Center For The Performing 19 Arts and the Barry Goldwater Scholarship And Ex- 20 cellence In Education Foundation. 21 (9) Officers at non-profit corporations may be 22 subject to the advice and consent of the Senate, in- 23 cluding the United States Institutes of Peace, which 24 is ‘‘an independent nonprofit corporation and an or- 25 VerDate Sep 11 2014 11:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3634.IH H3634 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3634 IH ganization described in section 170(c)(2)(B) of the 1 Internal Revenue Code of 1986’’. 2 (10) Congress has the power to create positions 3 that are ‘‘officers of the United States’’ pursuant to 4 the Appointments Clause that are not employees of 5 the United States Government. 6 (11) As the United States does not have diplo- 7 matic relations with Taiwan, Taiwanese officials and 8 diplomats do not receive diplomatic visas; instead, 9 they are provided investor visas, which do not accu- 10 rately represent their purpose in the United States 11 as official representatives of Taiwan. 12 SEC. 3. NEGOTIATIONS; REPORT. 13 (a) NEGOTIATIONS.—Reflective of the substantively 14 deepening ties between Taiwan and the United States, the 15 Secretary of State shall seek to enter into negotiations 16 with the Taipei Economic and Cultural Representative Of- 17 fice in the United States to rename its office in Wash- 18 ington, D.C., the Taiwan Representative Office in the 19 United States. 20 (b) REPORT.— 21 (1) IN GENERAL.—Not later than 180 days 22 after the date of the enactment of this Act, the Sec- 23 retary of State shall submit to the Committee on 24 Foreign Affairs of the House of Representatives and 25 VerDate Sep 11 2014 11:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3634.IH H3634 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3634 IH the Committee on Foreign Relations of the Senate 1 a report that describes the status of the negotiations 2 between the Department of State and the Taiwan 3 Council for U.S. Affairs in accordance with sub- 4 section (a). 5 (2) CONTENTS.—The report required under 6 paragraph (1) shall— 7 (A) describe the progress made in such ne- 8 gotiations; 9 (B) contain a transparent, open, and de- 10 tailed accounting of such negotiations to date, 11 including the number of meetings or conversa- 12 tions held and with whom; 13 (C) identify the key stakeholders involved 14 in such negotiations; and 15 (D) describe the challenges concerning the 16 United States Government’s ability to advance 17 the name change and recommendations to re- 18 solve, mitigate, or otherwise address related 19 challenges. 20 (3) FORM.—The report required under para- 21 graph (1) shall be submitted in unclassified form but 22 may contain a classified annex. 23 VerDate Sep 11 2014 11:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3634.IH H3634 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3634 IH SEC. 4. SENATE CONFIRMATION OF INDIVIDUAL AP- 1 POINTED TO SERVE AS DIRECTOR OF THE 2 AMERICAN INSTITUTE IN TAIWAN. 3 (a) SENSE OF CONGRESS.—It is the sense of Con- 4 gress that an extended period without a Director of the 5 American Institute in Taiwan would be detrimental to 6 United States interests. 7 (b) SENATE CONFIRMATION OF DIRECTOR.— 8 (1) IN GENERAL.—Notwithstanding any other 9 provision of law, the President shall appoint, by and 10 with the advice and consent of the Senate, an indi- 11 vidual to serve as the Director of the American In- 12 stitute in Taiwan. 13 (2) EFFECTIVE DATE.—This section shall take 14 effect beginning with the first appointment by the 15 President of an individual to serve as the Director 16 of the American Institute in Taiwan that is made 17 after the date of the enactment of this section. 18 (c) LOCATION IN TAIPEI, TAIWAN.—An individual 19 who serves as the Director of the American Institute in 20 Taiwan shall serve at the Institute in Taipei, Taiwan. 21 (d) SUCCESSOR POSITION.—Any reference to the po- 22 sition of Director of the American Institute in Taiwan in 23 this section includes any similar successor position. 24 VerDate Sep 11 2014 11:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3634.IH H3634 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3634 IH SEC. 5. NONIMMIGRANT STATUS FOR DIPLOMATS FROM 1 TAIWAN. 2 (a) IN GENERAL.—Section 101(a)(15) of the Immi- 3 gration and Nationality Act (8 U.S.C. 1101(a)(15)) is 4 amended— 5 (1) in subparagraph (U), by striking ‘‘or’’ at 6 the end; 7 (2) in subparagraph (V), by striking the period 8 at the end and inserting ‘‘; or’’; and 9 (3) by adding at the end the following: 10 ‘‘(W)(i) an ambassador, public minister, or 11 career diplomatic or consular officer who has 12 been accredited by Taiwan, and who is accepted 13 by the President or by the Secretary of State, 14 and the members of the alien’s immediate fam- 15 ily; 16 ‘‘(ii) upon a basis of reciprocity, other offi- 17 cials and employees who have been accredited 18 by Taiwan, who are accepted by the Secretary 19 of State, and the members of their immediate 20 families; 21 ‘‘(iii) upon a basis of reciprocity, attend- 22 ants, servants, personal employees, and mem- 23 bers of their immediate families, of the officials 24 and employees who have a nonimmigrant status 25 under clauses (i) and (ii); 26 VerDate Sep 11 2014 11:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3634.IH H3634 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3634 IH ‘‘(iv) a designated principal resident rep- 1 resentative of the Taiwan, for which Taiwan is 2 a member or observer of an international orga- 3 nization entitled to enjoy privileges, exemptions, 4 and immunities as an international organization 5 under the International Organizations Immuni- 6 ties Act (22 U.S.C. 288), accredited resident 7 members of the staff of such representatives, 8 and members of his or their immediate family; 9 ‘‘(v) other accredited representatives of 10 Taiwan to such international organizations, and 11 the members of their immediate families; 12 ‘‘(vi) an alien able to qualify under clause 13 (iv) or (v), except for the fact that Taiwan is 14 not a member or observer of such international 15 organization, and the members of his immediate 16 family; and 17 ‘‘(vii) attendants, servants, and personal 18 employees of any such representative, officer, or 19 employee who have a nonimmigrant status 20 under clause (iv), (v), or (vi) and the members 21 of the immediate families of such attendants, 22 servants, and personal employees.’’. 23 (b) INAPPLICABILITY OF CERTAIN PROVISIONS RE- 24 LATED TO ISSUING OF VISAS.—Section 102 of the Immi- 25 VerDate Sep 11 2014 11:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3634.IH H3634 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3634 IH gration and Nationality Act (8 U.S.C. 1102) is amend- 1 ed— 2 (1) in paragraph (1)— 3 (A) by striking ‘‘within the class described 4 in paragraph (15)(A)(i) of’’ and inserting 5 ‘‘within a class described in paragraph 6 (15)(A)(i) or (15)(W)(i) of’’; and 7 (B) by inserting ‘‘or (15)(W)(i)’’ after 8 ‘‘such paragraph (15)(A)(i)’’; 9 (2) in paragraph (2)— 10 (A) by striking ‘‘within the class described 11 in paragraph (15)(G)(i) of’’ and inserting 12 ‘‘within a class described in paragraph 13 (15)(G)(i) or (15)(W)(iv) of’’; 14 (B) by inserting ‘‘or (15)(W)(iv)’’ after 15 ‘‘such paragraph (15)(G)(i)’’; and 16 (C) by striking ‘‘and’’ at the end; 17 (3) in paragraph (3), by striking the period at 18 the end and inserting ‘‘; and’’; and 19 (4) by adding at the end the following: 20 ‘‘(4) within the classes described in paragraphs 21 (15)(W)(ii), (15)(W)(v), or (15)(W)(vi), of section 22 101(a), except those provisions relating to reason- 23 able requirements of passports and visas as a means 24 of identification and documentation necessary to es- 25 VerDate Sep 11 2014 11:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3634.IH H3634 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 3634 IH tablish their qualifications under such paragraphs, 1 and the provisions of subparagraphs (A) through (C) 2 of section 212 (a)(3).’’. 3 (c) ADJUSTMENT OF STATUS OF CERTAIN RESIDENT 4 ALIENS TO NONIMMIGRANT STATUS.—Section 247 of the 5 Immigration and Nationality Act (8 U.S.C. 1257) is 6 amended by striking ‘‘or (15)(G)’’ each place it appears 7 and inserting ‘‘(15)(G), or (15)(W)’’. 8 Æ VerDate Sep 11 2014 11:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H3634.IH H3634 pbinns on DSKJLVW7X2PROD with BILLS