[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1351 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1351

   To establish the Mike Mansfield Fellowship Program for intensive 
 training in the Japanese language, government, politics, and economy.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 1993

 Mr. Hamilton (for himself, Mr. Bereuter, and Mr. Williams) introduced 
  the following bill; which was referred to the Committee on Foreign 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
   To establish the Mike Mansfield Fellowship Program for intensive 
 training in the Japanese language, government, politics, and economy.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mike Mansfield Fellowship Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) because Senator Mike Mansfield served his country with 
        distinction and has had a lasting impact on America's 
        relationship with Japan during his tenure in the Senate and 
        later as the United States Ambassador to Japan, it is a fitting 
        tribute to establish in his name the following Fellowship for 
        promising officials of the Federal Government;
            (2) Japan is America's second largest trading partner, the 
        second biggest investor in the United States, and America's 
        most serious economic competitor;
            (3) despite the challenge and importance of Japan to the 
        United States, few Americans speak Japanese or understand how 
        the country and its government work; and
            (4) key agencies of the United States Government involved 
        in United States-Japan relations often lack sufficient 
        personnel versed in the functioning of the Japanese 
        policymaking apparatus.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to enable the United States Government to respond more 
        effectively to the Japanese challenge; and
            (2) to provide officials from any branch of the United 
        States Government with intensive Japanese language training and 
        placement as a Fellow in the Government of Japan.

SEC. 4. DEFINITIONS.

    For purposes of this Act--
            (1) 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 
        branch;
            (2) the term ``agency head'' means--
                    (A) in the case of the executive branch of 
                Government or an agency of the legislative branch other 
                than the House of Representatives or the Senate, the 
                head of the respective agency;
                    (B) in the case of the judicial branch of 
                Government, the chief judge of the respective court;
                    (C) in the case of the Senate, the President pro 
                tempore, in consultation with the Majority Leader and 
                Minority Leader of the Senate; and
                    (D) in the case of the House of Representatives, 
                the Speaker of the House, in consultation with the 
                Majority Leader and Minority Leader of the House;
            (3) the term ``Board'' means the Mike Mansfield Fellowship 
        Review Board; and
            (4) the term ``Center'' means the Mansfield Center for 
        Pacific Affairs.

SEC. 5. ESTABLISHMENT OF FELLOWSHIP PROGRAM.

    (a) Establishment.--(1) There is hereby established the ``Mike 
Mansfield Fellowship Program'' pursuant to which the Director of the 
United States Information Agency will make grants to the Mansfield 
Center for Pacific Affairs to award fellowships to eligible United 
States citizens for periods of 2 years each (or, pursuant to section 
7(5)(C), for such shorter period of time as the Center may determine 
based on a Fellow's level of proficiency in the Japanese language or 
knowledge of the political economy of Japan) as follows:
            (A) During the first year each fellowship recipient will 
        study the Japanese language as well as Japan's political 
        economy.
            (B) During the second year each fellowship recipient will 
        serve as a Fellow in a parliamentary office, ministry, or other 
        agency of the Government of Japan or, subject to the approval 
        of the Center, a nongovernmental Japanese institution 
        associated with the interests of the fellowship recipient, 
        consistent with the purposes of this Act.
    (2) Fellowships under this Act may be known as ``Mansfield 
Fellowships'', and individuals awarded such fellowships may be known as 
``Mansfield Fellows''.
    (b) Eligibility of Center for Grants.--Grants may be made to the 
Center under this section only if the Center agrees to comply with the 
requirements of section 7.
    (c) International Agreement.--As the program established under this 
section can succeed only with the full and willing cooperation of the 
Government of Japan, the Director of the United States Information 
Agency should enter into negotiations for an agreement with the 
Government of Japan for the purpose of placing Fellows in the 
Government of Japan.
    (d) Use of Federal Facilities.--The Foreign Service Institute is 
authorized and encouraged to assist, on a reimbursable basis, in 
carrying out Japanese language training by the Center through the 
provision of classroom space, teaching materials, and facilities, to 
the extent that such provision is not detrimental to the Institute's 
carrying out its other responsibilities under law.

SEC. 6. FUNDING.

    (a) Private Sources.--The Center is authorized to accept, use, and 
dispose of gifts or donations of services or property in carrying out 
the fellowship program, subject to the review and approval of the Board 
described in section 9.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the United States Information Agency--
            (1) for fiscal year 1994, $1,213,000,
            (2) for fiscal year 1995, $2,289,000,
            (3) for fiscal year 1996, $2,403,000, and
            (4) for fiscal year 1997, $1,553,000,
to fund three two-year classes of Fellows to carry out this Act.

SEC. 7. PROGRAM REQUIREMENTS.

    The program established under this Act shall comply with the 
following requirements:
            (1) United States citizens who are eligible for fellowships 
        under this Act shall be employees of the Federal Government 
        having at least two years experience in any branch of the 
        Government, a strong career interest in United States-Japan 
        relations, and a demonstrated commitment to further service in 
        the Federal Government.
            (2) Not less than 10 fellowships shall be awarded each 
        year.
            (3) Mansfield Fellows shall agree--
                    (A) to maintain satisfactory progress in language 
                training and appropriate behavior in Japan, as 
                determined by the Center, as a condition of continued 
                receipt of Federal funds; and
                    (B) to return to the Federal Government for further 
                employment for a period of at least 2 years following 
                the end of their fellowships, unless, in the 
                determination of the Center, the Fellow is unable (for 
                reasons beyond the Fellow's control and after receiving 
                assistance from the Center as provided in paragraph 
                (8)) to find reemployment for such period.
            (4) During the period of the fellowship, the Center shall 
        provide each Mansfield Fellow--
                    (A) a stipend at a rate of pay equal to the rate of 
                pay that individual was receiving when he or she 
                entered the program, plus a cost-of-living adjustment 
                calculated at the same rate of pay, and for the same 
                period of time, for which such adjustments were made to 
                the salaries of individuals occupying competitive 
                positions in the civil service during the same period 
                as the fellowship; and
                    (B) certain allowances and benefits as that 
                individual would have been entitled to, but for his or 
                her separation from Government service, as a United 
                States Government civilian employee overseas under the 
                Standardized Regulations (Government Civilians, Foreign 
                Areas) of the Department of State, as follows: a living 
                quarters allowance to cover the cost of housing in 
                Japan, a post allowance to cover the significantly 
                higher costs of living in Japan, a temporary quarters 
                subsistence allowance for up to 7 days for Fellows 
                unable to find housing immediately upon arrival in 
                Japan, an education allowance to assist parents in 
                providing their children with educational services 
                ordinarily provided without charge by United States 
                public schools, moving expenses of up to $3,000 for 
                personal belongings of Fellows and their families in 
                their move to Japan and up to $500 for Fellows residing 
                outside the Washington, D.C. area in moving to the 
                Washington, D.C. area, and one-round-trip economy-class 
                airline ticket to Japan for each Fellow and the 
                Fellow's immediate family.
            (5)(A) For the first year of each fellowship, the Center 
        shall provide Fellows with intensive Japanese language training 
        in the Washington, D.C., area, as well as courses in the 
        political economy of Japan.
            (B) Such training shall be of the same quality as training 
        provided to Foreign Service officers before they are assigned 
        to Japan.
            (C) The Center may waive any or all of the training 
        required by subparagraph (A) to the extent that a Fellow has 
        Japanese language skills or knowledge of Japan's political 
        economy, and the 2 year fellowship period shall be shortened to 
        the extent such training is less than one year.
            (6) Any Mansfield Fellow not complying with the 
        requirements of this section shall reimburse the United States 
        Information Agency for the Federal funds expended for the 
        Fellow's participation in the fellowship, together with 
        interest on such funds (calculated at the prevailing rate), as 
        follows:
                    (A) Full reimbursement for noncompliance with 
                paragraph (3)(A) or (9); and
                    (B) pro rata reimbursement for noncompliance with 
                paragraph (3)(B) for any period the Fellow is 
                reemployed by the Federal Government that is less than 
                the period specified in paragraph (3)(B), at a rate 
                equal to the amount the Fellow received during the 
                final year of the fellowship for the same period of 
                time, including any allowances and benefits provided 
                under paragraph (4).
            (7) The Center shall select Mansfield Fellows based solely 
        on merit. The Center shall make positive efforts to recruit 
        candidates reflecting the cultural, racial, and ethnic 
        diversity of the United States.
            (8) The Center shall assist any Mansfield Fellow in finding 
        employment in the Federal Government if such Fellow was not 
        able, at the end of the fellowship, to be reemployed in the 
        agency from which he or she separated to become a Fellow.
            (9) No Mansfield Fellow may engage in any intelligence or 
        intelligence-related activity on behalf of the United States 
        Government.
            (10) The accounts of the Center shall be audited annually 
        in accordance with generally accepted auditing standards by 
        independent certified public accountants or independent 
        licensed public accountants, certified or licensed by a 
        regulatory authority of a State or other political subdivision 
        of the United States. The audit shall be conducted at the place 
        or places where the accounts of the Center are normally kept. 
        All books, accounts, financial records, files, and other 
        papers, things, and property belonging to or in use by the 
        Center and necessary to facilitate the audit shall be made 
        available to the person or persons conducting the audit, and 
        full facilities for verifying transactions with the balances or 
        securities held by depositories, fiscal agents, and custodians 
        shall be afforded to such person or persons.
            (11) The Center shall provide a report of the audit to the 
        Board no later than six months following the close of the 
        fiscal year for which the audit is made. The report shall set 
        forth the scope of the audit and include such statements, 
        together with the independent auditor's opinion of those 
        statements, as are necessary to present fairly the Center's 
        assets and liabilities, surplus or deficit, with reasonable 
        detail, including a statement of the Center's income and 
        expenses during the year, including a schedule of all contracts 
        and grants requiring payments in excess of $5,000 and any 
        payments of compensation, salaries, or fees at a rate in excess 
        of $5,000 per year. The report shall be produced in sufficient 
        copies for the public.

SEC. 8. SEPARATION OF GOVERNMENT PERSONNEL DURING THE FELLOWSHIPS.

    (a) Separation.--Under such terms and conditions as the agency head 
may direct, any agency of the United States Government may separate 
from Government service for a specified period any officer or employee 
of that agency who accepts a fellowship under the program established 
by this Act.
    (b) Reemployment.--Any Mansfield Fellow, at the end of the 
fellowship, is entitled to be reemployed in the same manner as if 
covered by section 3582 of title 5, United States Code.
    (c) Rights and Benefits.--Notwithstanding section 8347(o), 8713, or 
8914 of title 5, United States Code, and in accordance with regulations 
of the Office of Personnel Management, an employee, while serving as a 
Mansfield Fellow, is entitled to the same rights and benefits as if 
covered by section 3582 of title 5, United States Code. The Center 
shall reimburse the employing agency for any costs incurred under 
section 3582 of title 5, United States Code.
    (d) Compliance With Budget Act.--Funds are available under this 
section to the extent and in the amounts provided in appropriation 
Acts.

SEC. 9. MANSFIELD FELLOWSHIP REVIEW BOARD.

    (a) Establishment.--There is hereby established the Mansfield 
Fellowship Review Board.
    (b) Composition.--The Board shall be composed of 11 individuals, as 
follows:
            (1) The Secretary of State, or the Secretary's designee.
            (2) The Secretary of Defense, or the Secretary's designee.
            (3) The Secretary of the Treasury, or the Secretary's 
        designee.
            (4) The Secretary of Commerce, or the Secretary's designee.
            (5) The United States Trade Representative, or the Trade 
        Representative's designee.
            (6) The Chief Justice of the United States, or the Chief 
        Justice's designee.
            (7) The Majority Leader of the Senate, or the Majority 
        Leader's designee.
            (8) The Minority Leader of the Senate, or the Minority 
        Leader's designee.
            (9) The Speaker of the House of Representatives, or the 
        Speaker's designee.
            (10) The Minority Leader of the House of Representatives, 
        or the Minority Leader's designee.
            (11) The Director of the United States Information Agency, 
        who shall serve as the chairperson of the Board, or the 
        Director's designee.
    (c) Functions.--(1) The Board shall review the administration of 
the program assisted under this Act.
    (2)(A) Each year at the time of the submission of the President's 
budget request to the Congress, the Board shall submit to the President 
and the Congress a report completed by the Center with the approval of 
the Board on the conduct of the program during the preceding year.
    (B) Each such report shall contain--
            (i) an analysis of the assistance provided under the 
        program for the previous fiscal year and the nature of the 
        assistance provided;
            (ii) an analysis of the performance of the individuals who 
        received assistance under the program during the previous 
        fiscal year, including the degree to which assistance was 
        terminated under the program and the extent to which individual 
        recipients failed to meet their obligations under the program; 
        and
            (iii) an analysis of the results of the program for the 
        previous fiscal year, including, at a minimum, the cumulative 
        percentage of individuals who received assistance under the 
        program who subsequently became employees of the United States 
        Government and, in the case of individuals who did not 
        subsequently become employees of the United States Government, 
        an analysis of the reasons why they did not become employees 
        and an explanation as to what use, if any, was made of the 
        assistance given to those recipients.
    (d) Compensation.--Members of the Board shall not be paid 
compensation for services performed on the Board.
    (e) Availability of Support Staff.--The Director of the United 
States Information Agency is authorized to provide for necessary 
secretarial and staff assistance for the Board.
    (f) Relationship to Federal Advisory Committee Act.--The Federal 
Advisory Committee Act shall not apply to the Board to the extent that 
the provisions of this section are inconsistent therewith.

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