S 991 ISCommentsClose CommentsPermalink

To establish the Senator Paul Simon Study Abroad Foundation under the authorities of the Mutual Educational and Cultural Exchange Act of 1961.CommentsClose CommentsPermalink

March 27, 2007

Mr. DURBIN (for himself, Mr. COLEMAN, Mr. DODD, Mr. HAGEL, Mr. OBAMA, Mr. KERRY, Mr. ROBERTS, Mr. MENENDEZ, Mr. COCHRAN, Mr. LIEBERMAN, Mr. LEVIN, Mr. SMITH, Mr. STEVENS, Mr. AKAKA, Mr. CHAMBLISS, Ms. STABENOW, Ms. SNOWE, Ms. CANTWELL, Mr. BAUCUS, Mr. WARNER, Mr. PRYOR, and Mr. KENNEDY) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsCommentsClose CommentsPermalink

To establish the Senator Paul Simon Study Abroad Foundation under the authorities of the Mutual Educational and Cultural Exchange Act of 1961.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Senator Paul Simon Study Abroad Foundation Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress makes the following findings:CommentsClose CommentsPermalink





(1) According to President George W. Bush, `America's leadership and national security rest on our commitment to educate and prepare our youth for active engagement in the international community.'.CommentsClose CommentsPermalink





(2) According to former President William J. Clinton, `Today, the defense of United States interests, the effective management of global issues, and even an understanding of our Nation's diversity require ever-greater contact with, and understanding of, people and cultures beyond our borders.'.CommentsClose CommentsPermalink





(3) Congress authorized the establishment of the Commission on the Abraham Lincoln Study Abroad Fellowship Program pursuant to section 104 of the Miscellaneous Appropriations and Offsets Act, 2004 (division H of Public Law 108-199). Pursuant to its mandate, the Commission has submitted to Congress and the President a report of its recommendations for greatly expanding the opportunity for students at institutions of higher education in the United States to study abroad, with special emphasis on studying in developing nations.CommentsClose CommentsPermalink





(4) Studies consistently show that United States students score below their counterparts in other advanced countries on indicators of international knowledge. This lack of global literacy is a national liability in an age of global trade and business, global interdependence, and global terror.CommentsClose CommentsPermalink





(5) By numbers ranging from 77 to more than 90 percent, Americans believe that it is important for their children to learn other languages, study abroad, attend a college where they can interact with international students, learn about other countries and cultures, and generally be prepared for the global age, according to a December 2005 national survey commissioned by NAFSA: Association of International Educators.CommentsClose CommentsPermalink





(6) In today's world, it is more important than ever for the United States to be a responsible, constructive leader that other countries are willing to follow. Such leadership cannot be sustained without an informed citizenry with much more knowledge and awareness of the world than most Americans currently possess.CommentsClose CommentsPermalink





(7) Study abroad has proven to be a very effective means of imparting international and foreign-language competency to students.CommentsClose CommentsPermalink





(8) In any given year, only approximately one percent of all students enrolled in United States institutions of higher education study abroad.CommentsClose CommentsPermalink





(9) Less than 10 percent of the students who graduate from United States institutions of higher education with bachelors degrees have studied abroad.CommentsClose CommentsPermalink





(10) Far more study abroad must take place in the developing countries. Ninety-five percent of the world's population growth over the next 50 years will occur outside of Europe. Yet in the academic year 2004-2005, 60 percent of United States students studying abroad studied in Europe, and 45 percent studied in four countries--the United Kingdom, Italy, Spain, and France--according to the Institute of International Education.CommentsClose CommentsPermalink





(11) The Final Report of the National Commission on Terrorist Attacks Upon the United States (The 9/11 Commission Report) recommended that the United States increase support for `scholarship, exchange, and library programs'. The 9/11 Public Discourse Project, successor to the 9/11 Commission, noted in its November 14, 2005, status report that this recommendation was `unfulfilled,' and stated that `The U.S. should increase support for scholarship and exchange programs, our most powerful tool to shape attitudes over the course of a generation.'. In its December 5, 2005, Final Report on the 9/11 Commission Recommendations, the 9/11 Public Discourse Project gave the government a grade of `D' for its implementation of this recommendation.CommentsClose CommentsPermalink





(12) Investing in a national study abroad program would help turn a grade of `D' into an `A' by equipping United States students to communicate United States values and way of life through the unique dialogue that takes place among citizens from around the world when individuals study abroad.CommentsClose CommentsPermalink

SEC. 3. PURPOSES.

The purposes of this Act are--CommentsClose CommentsPermalink





(1) to significantly enhance the global competitiveness and international knowledge base of the United States by ensuring that more students in United States institutions of higher education have the opportunity to acquire foreign language skills and international knowledge through significantly expanded study abroad;CommentsClose CommentsPermalink





(2) to enhance the foreign policy capacity of the United States by significantly expanding and diversifying the talent pool of individuals with non-traditional foreign language skills and cultural knowledge in the United States who are available for recruitment by United States foreign affairs agencies, legislative branch agencies, and nongovernmental organizations involved in foreign affairs activities;CommentsClose CommentsPermalink





(3) to ensure that an increasing portion of study abroad by United States students will take place in nontraditional study abroad destinations such as the People's Republic of China, countries of the Middle East region, and developing countries; andCommentsClose CommentsPermalink





(4) to create greater cultural understanding of the United States by exposing foreign students and their families to American students in countries that have not traditionally hosted large numbers of American students.CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means--CommentsClose CommentsPermalink





(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; andCommentsClose CommentsPermalink





(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.CommentsClose CommentsPermalink





(2) BOARD- The term `Board' means the Board of Directors of the Foundation established pursuant to section 5(d).CommentsClose CommentsPermalink





(3) CHIEF EXECUTIVE OFFICER- The term `Chief Executive Officer' means the chief executive officer of the Foundation appointed pursuant to section 5(c).CommentsClose CommentsPermalink





(4) FOUNDATION- The term `Foundation' means the Senator Paul Simon Study Abroad Foundation established by section 5(a).CommentsClose CommentsPermalink





(5) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).CommentsClose CommentsPermalink





(6) NONTRADITIONAL STUDY ABROAD DESTINATION- The term `nontraditional study abroad destination' means a location that is determined by the Foundation to be a less common destination for United States students who study abroad.CommentsClose CommentsPermalink





(7) STUDY ABROAD- The term `study abroad' means an educational program of study, work, research, internship, or combination thereof that is conducted outside the United States and that carries academic credit toward fulfilling the participating student's degree requirements.CommentsClose CommentsPermalink

SEC. 5. ESTABLISHMENT AND MANAGEMENT OF THE SENATOR PAUL SIMON STUDY ABROAD FOUNDATION.

(a) Establishment-CommentsClose CommentsPermalink





(1) IN GENERAL- There is established in the executive branch a corporation to be known as the `Senator Paul Simon Study Abroad Foundation' that shall be responsible for carrying out this Act under the authorities of the Mutual Educational and Cultural Exchange Act of 196l (22 U.S.C. 2451 et seq.). The Foundation shall be a government corporation, as defined in section 103 of title 5, United States Code.CommentsClose CommentsPermalink





(2) BOARD OF DIRECTORS- The Foundation shall be governed by a Board of Directors chaired by the Secretary of State in accordance with subsection (d).CommentsClose CommentsPermalink





(3) INTENT OF CONGRESS- It is the intent of Congress in establishing the structure of the Foundation set forth in this subsection to create an entity that will administer a study abroad program that--CommentsClose CommentsPermalink





(A) serves the long-term foreign policy and national security needs of the United States; butCommentsClose CommentsPermalink





(B) operates independently of short-term political and foreign policy considerations.CommentsClose CommentsPermalink





(b) Mandate of Foundation- In administering the program referred to in subsection (a)(3), the Foundation shall--CommentsClose CommentsPermalink





(1) promote the objectives and purposes of this Act;CommentsClose CommentsPermalink





(2) through responsive, flexible grant-making, promote access by students at diverse institutions of higher education, including two-year institutions, minority-serving institutions, and institutions that serve nontraditional students;CommentsClose CommentsPermalink





(3) through creative grant-making, promote access by diverse students, including minority students, students of limited financial means, and nontraditional students;CommentsClose CommentsPermalink





(4) raise funds from the private sector to supplement funds made available under this Act; andCommentsClose CommentsPermalink





(5) be committed to minimizing administrative costs and to maximizing the availability of funds for grants under this Act.CommentsClose CommentsPermalink





(c) Chief Executive Officer-CommentsClose CommentsPermalink





(1) IN GENERAL- There shall be in the Foundation a Chief Executive Officer who shall be responsible for the management of the Foundation.CommentsClose CommentsPermalink





(2) APPOINTMENT- The Chief Executive Officer shall be appointed by the Board and shall be a recognized leader in higher education, business, or foreign policy, chosen on the basis of a rigorous search.CommentsClose CommentsPermalink





(3) RELATIONSHIP TO BOARD- The Chief Executive Officer shall report to and be under the direct authority of the Board.CommentsClose CommentsPermalink





(4) COMPENSATION AND RANK-CommentsClose CommentsPermalink





(A) IN GENERAL- The Chief Executive Officer shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code, and shall have the equivalent rank of Deputy Secretary.CommentsClose CommentsPermalink





(B) AMENDMENT- Section 5314 of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





`Chief Executive Officer, Senator Paul Simon Study Abroad Foundation.'.CommentsClose CommentsPermalink





(5) AUTHORITIES AND DUTIES- The Chief Executive Officer shall be responsible for the management of the Foundation and shall exercise the powers and discharge the duties of the Foundation.CommentsClose CommentsPermalink





(6) AUTHORITY TO APPOINT OFFICERS- In consultation and with approval of the Board, the Chief Executive Officer shall appoint all officers of the Foundation.CommentsClose CommentsPermalink





(d) Board of Directors-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There shall be in the Foundation a Board of Directors.CommentsClose CommentsPermalink





(2) DUTIES- The Board shall perform the functions specified to be carried out by the Board in this Act and may prescribe, amend, and repeal bylaws, rules, regulations, and procedures governing the manner in which the business of the Foundation may be conducted and in which the powers granted to it by law may be exercised.CommentsClose CommentsPermalink





(3) MEMBERSHIP- The Board shall consist of--CommentsClose CommentsPermalink





(A) the Secretary of State (or the Secretary's designee), the Secretary of Education (or the Secretary's designee), the Secretary of Defense (or the Secretary's designee), and the Administrator of the United States Agency for International Development (or the Administrator's designee); andCommentsClose CommentsPermalink





(B) five other individuals with relevant experience in matters relating to study abroad (such as individuals who represent institutions of higher education, business organizations, foreign policy organizations, or other relevant organizations) who shall be appointed by the President, by and with the advice and consent of the Senate, of which--CommentsClose CommentsPermalink





(i) one individual shall be appointed from among a list of individuals submitted by the majority leader of the House of Representatives;CommentsClose CommentsPermalink





(ii) one individual shall be appointed from among a list of individuals submitted by the minority leader of the House of Representatives;CommentsClose CommentsPermalink





(iii) one individual shall be appointed from among a list of individuals submitted by the majority leader of the Senate; andCommentsClose CommentsPermalink





(iv) one individual shall be appointed from among a list of individuals submitted by the minority leader of the Senate.CommentsClose CommentsPermalink





(4) CHIEF EXECUTIVE OFFICER- The Chief Executive Officer of the Foundation shall serve as a nonvoting, ex officio member of the Board.CommentsClose CommentsPermalink





(5) TERMS-CommentsClose CommentsPermalink





(A) OFFICERS OF THE FEDERAL GOVERNMENT- Each member of the Board described in paragraph (3)(A) shall serve for a term that is concurrent with the term of service of the individual's position as an officer within the other Federal department or agency.CommentsClose CommentsPermalink





(B) OTHER MEMBERS- Each member of the Board described in paragraph (3)(B) shall be appointed for a term of 3 years and may be reappointed for a term of an additional 3 years.CommentsClose CommentsPermalink





(C) VACANCIES- A vacancy in the Board shall be filled in the manner in which the original appointment was made.CommentsClose CommentsPermalink





(6) CHAIRPERSON- There shall be a Chairperson of the Board. The Secretary of State shall serve as the Chairperson.CommentsClose CommentsPermalink





(7) QUORUM- A majority of the members of the Board described in paragraph (3) shall constitute a quorum, which, except with respect to a meeting of the Board during the 135-day period beginning on the date of the enactment of this Act, shall include at least one member of the Board described in paragraph (3)(B).CommentsClose CommentsPermalink





(8) MEETINGS- The Board shall meet at the call of the Chairperson.CommentsClose CommentsPermalink





(9) COMPENSATION-CommentsClose CommentsPermalink





(A) OFFICERS OF THE FEDERAL GOVERNMENT-CommentsClose CommentsPermalink





(i) IN GENERAL- A member of the Board described in paragraph (3)(A) may not receive additional pay, allowances, or benefits by reason of the member's service on the Board.CommentsClose CommentsPermalink





(ii) TRAVEL EXPENSES- Each such member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink





(B) OTHER MEMBERS-CommentsClose CommentsPermalink





(i) IN GENERAL- Except as provided in clause (ii), a member of the Board described in paragraph (3)(B)--CommentsClose CommentsPermalink





(I) shall be paid compensation out of funds made available for the purposes of this Act at the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Board; andCommentsClose CommentsPermalink





(II) while away from the member's home or regular place of business on necessary travel in the actual performance of duties as a member of the Board, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink





(ii) LIMITATION- A member of the Board may not be paid compensation under clause (i)(II) for more than 90 days in any calendar year.CommentsClose CommentsPermalink

SEC. 6. ESTABLISHMENT AND OPERATION OF PROGRAM.

(a) Establishment of the Program- There is hereby established a program, which shall--CommentsClose CommentsPermalink





(1) be administered by the Foundation; andCommentsClose CommentsPermalink





(2) award grants to--CommentsClose CommentsPermalink





(A) individuals for study abroad;CommentsClose CommentsPermalink





(B) nongovernmental institutions that provide and promote study abroad opportunities, in consortium with institutions described in subparagraph (C); andCommentsClose CommentsPermalink





(C) institutions of higher education, individually or in consortium,CommentsClose CommentsPermalink





in order to accomplish the objectives set forth in subsection (b).CommentsClose CommentsPermalink





(b) Objectives- The objectives of the program established under subsection (a) are that, within 10 years of the date of the enactment of this Act--CommentsClose CommentsPermalink





(1) not less than one million undergraduate students in United States institutions of higher education will study abroad annually for credit;CommentsClose CommentsPermalink





(2) the demographics of study-abroad participation will reflect the demographics of the United States undergraduate population; andCommentsClose CommentsPermalink





(3) an increasing portion of study abroad will take place in nontraditional study abroad destinations, with a substantial portion of such increases taking place in developing countries.CommentsClose CommentsPermalink





(c) Mandate of the Program- In order to accomplish the objectives set forth in subsection (b), the Foundation shall, in administering the program established under subsection (a), take fully into account the recommendations of the Commission on the Abraham Lincoln Study Abroad Fellowship Program (established pursuant to section 104 of the Miscellaneous Appropriations and Offsets Act, 2004 (division H of Public Law 108-199)).CommentsClose CommentsPermalink





(d) Structure of Grants- In accordance with the recommendations of the Commission on the Abraham Lincoln Study Abroad Fellowship Program, grants awarded under the program established under subsection (a) shall be structured to the maximum extent practicable to promote appropriate reforms in institutions of higher education in order to remove barriers to participation by students in study abroad.CommentsClose CommentsPermalink





(e) Balance of Long-Term and Short-Term Study Abroad Programs- In administering the program established under subsection (a), the Foundation shall seek an appropriate balance between--CommentsClose CommentsPermalink





(1) longer-term study abroad programs, which maximize foreign-language learning and intercultural understanding; andCommentsClose CommentsPermalink





(2) shorter-term study abroad programs, which maximize the accessibility of study abroad to nontraditional students.CommentsClose CommentsPermalink

SEC. 7. ANNUAL REPORT.

Not later than March 31, 2008, and each March 31 thereafter, the Foundation shall submit to Congress a report on the implementation of this Act during the prior fiscal year.CommentsClose CommentsPermalink

SEC. 8. POWERS OF THE FOUNDATION; RELATED PROVISIONS.

(a) Powers- The Foundation--CommentsClose CommentsPermalink





(1) shall have perpetual succession unless dissolved by a law enacted after the date of the enactment of this Act;CommentsClose CommentsPermalink





(2) may adopt, alter, and use a seal, which shall be judicially noticed;CommentsClose CommentsPermalink





(3) may make and perform such contracts, grants, and other agreements with any person or government however designated and wherever situated, as may be necessary for carrying out the functions of the Foundation;CommentsClose CommentsPermalink





(4) may determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid, including expenses for representation;CommentsClose CommentsPermalink





(5) may lease, purchase, or otherwise acquire, improve, and use such real property wherever situated, as may be necessary for carrying out the functions of the Foundation;CommentsClose CommentsPermalink





(6) may accept cash gifts or donations of services or of property (real, personal, or mixed), tangible or intangible, for the purpose of carrying out the provisions of this Act;CommentsClose CommentsPermalink





(7) may use the United States mails in the same manner and on the same conditions as the executive departments;CommentsClose CommentsPermalink





(8) may contract with individuals for personal services, who shall not be considered Federal employees for any provision of law administered by the Office of Personnel Management;CommentsClose CommentsPermalink





(9) may hire or obtain passenger motor vehicles; andCommentsClose CommentsPermalink





(10) shall have such other powers as may be necessary and incident to carrying out this Act.CommentsClose CommentsPermalink





(b) Principal Office- The Foundation shall maintain its principal office in the metropolitan area of Washington, District of Columbia.CommentsClose CommentsPermalink





(c) Applicability of Government Corporation Control Act-CommentsClose CommentsPermalink





(1) IN GENERAL- The Foundation shall be subject to chapter 91 of subtitle VI of title 31, United States Code, except that the Foundation shall not be authorized to issue obligations or offer obligations to the public.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 9101(3) of title 31, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





`(R) the Senator Paul Simon Study Abroad Foundation.'.CommentsClose CommentsPermalink





(d) Inspector General-CommentsClose CommentsPermalink





(1) IN GENERAL- The Inspector General of the Department of State shall serve as Inspector General of the Foundation, and, in acting in such capacity, may conduct reviews, investigations, and inspections of all aspects of the operations and activities of the Foundation.CommentsClose CommentsPermalink





(2) AUTHORITY OF THE BOARD- In carrying out the responsibilities under this subsection, the Inspector General shall report to and be under the general supervision of the Board.CommentsClose CommentsPermalink





(3) REIMBURSEMENT AND AUTHORIZATION OF SERVICES-CommentsClose CommentsPermalink





(A) REIMBURSEMENT- The Foundation shall reimburse the Department of State for all expenses incurred by the Inspector General in connection with the Inspector General's responsibilities under this subsection.CommentsClose CommentsPermalink





(B) AUTHORIZATION FOR SERVICES- Of the amount authorized to be appropriated under section 10(a) for a fiscal year, up to $2,000,000 is authorized to be made available to the Inspector General of the Department of State to conduct reviews, investigations, and inspections of operations and activities of the Foundation.CommentsClose CommentsPermalink

SEC. 9. GENERAL PERSONNEL AUTHORITIES.

(a) Detail of Personnel- Upon request of the Chief Executive Officer, the head of an agency may detail any employee of such agency to the Foundation on a reimbursable basis. Any employee so detailed remains, for the purpose of preserving such employee's allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed.CommentsClose CommentsPermalink





(b) Reemployment Rights-CommentsClose CommentsPermalink





(1) IN GENERAL- An employee of an agency who is serving under a career or career conditional appointment (or the equivalent), and who, with the consent of the head of such agency, transfers to the Foundation, is entitled to be reemployed in such employee's former position or a position of like seniority, status, and pay in such agency, if such employee--CommentsClose CommentsPermalink





(A) is separated from the Foundation for any reason, other than misconduct, neglect of duty, or malfeasance; andCommentsClose CommentsPermalink





(B) applies for reemployment not later than 90 days after the date of separation from the Foundation.CommentsClose CommentsPermalink





(2) SPECIFIC RIGHTS- An employee who satisfies paragraph (1) is entitled to be reemployed (in accordance with such paragraph) within 30 days after applying for reemployment and, on reemployment, is entitled to at least the rate of basic pay to which such employee would have been entitled had such employee never transferred.CommentsClose CommentsPermalink





(c) Hiring Authority- Of persons employed by the Foundation, not to exceed 30 persons may be appointed, compensated, or removed without regard to the civil service laws and regulations.CommentsClose CommentsPermalink





(d) Basic Pay- The Chief Executive Officer may fix the rate of basic pay of employees of the Foundation without regard to the provisions of chapter 51 of title 5, United States Code (relating to the classification of positions), subchapter III of chapter 53 of such title (relating to General Schedule pay rates), except that no employee of the Foundation may receive a rate of basic pay that exceeds the rate for level IV of the Executive Schedule under section 5315 of such title.CommentsClose CommentsPermalink





(e) Definitions- In this section--CommentsClose CommentsPermalink





(1) the term `agency' means an executive agency, as defined by section 105 of title 5, United States Code; andCommentsClose CommentsPermalink





(2) the term `detail' means the assignment or loan of an employee, without a change of position, from the agency by which such employee is employed to the Foundation.CommentsClose CommentsPermalink

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization of Appropriations- There are authorized to be appropriated to carry out this Act $80,000,000 for fiscal year 2008 and each subsequent fiscal year.CommentsClose CommentsPermalink





(b) Allocation of Funds-CommentsClose CommentsPermalink





(1) IN GENERAL- The Foundation may allocate or transfer to any agency of the United States Government any of the funds available for carrying out this Act. Such funds shall be available for obligation and expenditure for the purposes for which the funds were authorized, in accordance with authority granted in this Act or under authority governing the activities of the United States Government agency to which such funds are allocated or transferred.CommentsClose CommentsPermalink





(2) NOTIFICATION- The Foundation shall notify the appropriate congressional committees not less than 15 days prior to an allocation or transfer of funds pursuant to paragraph (1).CommentsClose CommentsPermalink