[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1469 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 1469

_______________________________________________________________________

                                 AN ACT


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

    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 ``Senator Paul Simon Study Abroad 
Foundation Act of 2007''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (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.''.
            (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.''.
            (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 Lincoln 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.
            (4) According to the Lincoln Commission, ``[s]tudy abroad 
        is one of the major means of producing foreign language 
        speakers and enhancing foreign language learning'' and, for 
        that reason, ``is simply essential to the [N]ation's 
        security''.
            (5) 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.
            (6) 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.
            (7) 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 significant 
        knowledge and awareness of the world.
            (8) Study abroad has proven to be a very effective means of 
        imparting international and foreign-language competency to 
        students.
            (9) In any given year, only approximately one percent of 
        all students enrolled in United States institutions of higher 
        education study abroad.
            (10) Less than 10 percent of the students who graduate from 
        United States institutions of higher education with bachelors 
        degrees have studied abroad.
            (11) Far more study abroad must take place in 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.
            (12) 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.
            (13) 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.
            (14) An enhanced national study abroad program could help 
        further the goals of other United States Government initiatives 
        to promote educational, social, and political reform and the 
        status of women in developing and reforming societies around 
        the world, such as the Middle East Partnership Initiative.
            (15) To complement such worthwhile Federal programs and 
        initiatives as the Benjamin A. Gilman International Scholarship 
        Program, the National Security Education Program, and the 
        National Security Language Initiative, a broad-based 
        undergraduate study abroad program is needed that will make 
        many more study abroad opportunities accessible to all 
        undergraduate students, regardless of their field of study, 
        ethnicity, socio-economic status, or gender.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to significantly enhance the global competitiveness and 
        international knowledge base of the United States by ensuring 
        that more United States students have the opportunity to 
        acquire foreign language skills and international knowledge 
        through significantly expanded study abroad;
            (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;
            (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; 
        and
            (4) to create greater cultural understanding of the United 
        States by exposing foreign students and their families to 
        United States students in countries that have not traditionally 
        hosted large numbers of United States students.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
            (2) Board.--The term ``Board'' means the Board of Directors 
        of the Foundation established pursuant to section 5(d).
            (3) Chief executive officer.--The term ``Chief Executive 
        Officer'' means the chief executive officer of the Foundation 
        appointed pursuant to section 5(c).
            (4) Foundation.--The term ``Foundation'' means the Senator 
        Paul Simon Study Abroad Foundation established by section 5(a).
            (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)).
            (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.
            (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.
            (8) United states.--The term ``United States'' means any of 
        the several States, the District of Columbia, Puerto Rico, the 
        Northern Mariana Islands, the Virgin Islands, Guam, American 
        Samoa, and any other territory or possession of the United 
        States.
            (9) United states student.--The term ``United States 
        student'' means a national of the United States who is enrolled 
        at an institution of higher education located within the United 
        States.

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

    (a) Establishment.--
            (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 1961 (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.
            (2) Board of directors.--The Foundation shall be governed 
        by a Board of Directors chaired by the Secretary of State (or 
        the Secretary's designee) in accordance with subsection (d).
            (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--
                    (A) serves the long-term foreign policy and 
                national security needs of the United States; but
                    (B) operates independently of short-term political 
                and foreign policy considerations.
    (b) Mandate of Foundation.--In administering the program referred 
to in subsection (a)(3), the Foundation shall--
            (1) promote the objectives and purposes of this Act;
            (2) through responsive, flexible grant-making, promote 
        access to study abroad opportunities by United States students 
        at diverse institutions of higher education, including two-year 
        institutions, minority-serving institutions, and institutions 
        that serve nontraditional students;
            (3) through creative grant-making, promote access to study 
        abroad opportunities by diverse United States students, 
        including minority students, students of limited financial 
        means, and nontraditional students;
            (4) raise funds from the private sector to supplement funds 
        made available under this Act; and
            (5) be committed to minimizing administrative costs and to 
        maximizing the availability of funds for grants under this Act.
    (c) Chief Executive Officer.--
            (1) In general.--There shall be in the Foundation a Chief 
        Executive Officer who shall be responsible for the management 
        of the Foundation.
            (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.
            (3) Relationship to board.--The Chief Executive Officer 
        shall report to and be under the direct authority of the Board.
            (4) Compensation and rank.--
                    (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.
                    (B) Amendment.--Section 5314 of title 5, United 
                States Code, is amended by adding at the end the 
                following:
            ``Chief Executive Officer, Senator Paul Simon Study Abroad 
        Foundation.''.
            (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.
            (6) Authority to appoint officers.--In consultation and 
        with approval of the Board, the Chief Executive Officer shall 
        appoint all officers of the Foundation.
    (d) Board of Directors.--
            (1) Establishment.--There shall be in the Foundation a 
        Board of Directors.
            (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.
            (3) Membership.--The Board shall consist of--
                    (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); and
                    (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--
                            (I) one individual shall be appointed from 
                        among a list of individuals submitted by the 
                        majority leader of the House of 
                        Representatives;
                            (ii) one individual shall be appointed from 
                        among a list of individuals submitted by the 
                        minority leader of the House of 
                        Representatives;
                            (iii) one individual shall be appointed 
                        from among a list of individuals submitted by 
                        the majority leader of the Senate; and
                            (iv) one individual shall be appointed from 
                        among a list of individuals submitted by the 
                        minority leader of the Senate.
            (4) Chief executive officer.--The Chief Executive Officer 
        of the Foundation shall serve as a nonvoting, ex officio member 
        of the Board.
            (5) Terms.--
                    (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.
                    (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.
                    (C) Vacancies.--A vacancy in the Board shall be 
                filled in the manner in which the original appointment 
                was made.
            (6) Chairperson.--There shall be a Chairperson of the 
        Board. The Secretary of State (or the Secretary's designee) 
        shall serve as the Chairperson.
            (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).
            (8) Meetings.--The Board shall meet at the call of the 
        Chairperson.
            (9) Compensation.--
                    (A) Officers of the federal government.--
                            (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.
                            (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.
                    (B) Other members.--
                            (I) In general.--Except as provided in 
                        clause (ii), a member of the Board described in 
                        paragraph (3)(B) 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.
                            (ii) Limitation.--A member of the Board may 
                        not be paid compensation under clause (I) for 
                        more than 90 days in any calendar year.

SEC. 6. ESTABLISHMENT AND OPERATION OF PROGRAM.

    (a) Establishment of the Program.--There is hereby established a 
program, which shall--
            (1) be administered by the Foundation; and
            (2) award grants to--
                    (A) United States students for study abroad;
                    (B) nongovernmental institutions that provide and 
                promote study abroad opportunities for United States 
                students, in consortium with institutions described in 
                subparagraph (C); and
                    (c) institutions of higher education, individually 
                or in consortium,
        in order to accomplish the objectives set forth in subsection 
        (b).
    (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--
            (1) not less than one million undergraduate United States 
        students will study abroad annually for credit;
            (2) the demographics of study-abroad participation will 
        reflect the demographics of the United States undergraduate 
        population, including students enrolled in community colleges, 
        minority-serving institutions, and institutions serving large 
        numbers of low-income and first-generation students; and
            (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.
    (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)).
    (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.
    (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--
            (1) longer-term study abroad programs, which maximize 
        foreign-language learning and intercultural understanding; and
            (2) shorter-term study abroad programs, which maximize the 
        accessibility of study abroad to nontraditional students.
    (f) Quality and Safety in Study Abroad.--In administering the 
program established under subsection (a), the Foundation shall require 
that institutions receiving grants demonstrate that--
            (1) the study abroad programs for which students receive 
        grant funds are for academic credit; and
            (2) the programs have established health and safety 
        guidelines and procedures.

SEC. 7. ANNUAL REPORT.

    (a) Report Required.--Not later than March 31, 2008, and each March 
31 thereafter, the Foundation shall submit to the appropriate 
congressional committees a report on the implementation of this Act 
during the prior fiscal year.
    (b) Contents.--The report required by subsection (a) shall 
include--
            (1) the total financial resources available to the 
        Foundation during the year, including appropriated funds, the 
        value and source of any gifts or donations accepted pursuant to 
        section 8(a)(6), and any other resources;
            (2) a description of the Board's policy priorities for the 
        year and the bases upon which competitive grant proposals were 
        solicited and awarded to institutions of higher education, 
        nongovernmental institutions, and consortiums pursuant to 
        section 6(a)(2)(B) and 6(a)(2)(C);
            (3) a list of grants made to institutions of higher 
        education, nongovernmental institutions, and consortiums 
        pursuant to section 6(a)(2)(B) and 6(a)(2)(C) that includes the 
        identity of the institutional recipient, the dollar amount, and 
        the estimated number of study abroad opportunities provided to 
        United States students by each grant;
            (4) a description of the bases upon which the Foundation 
        made grants directly to United States students pursuant to 
        section 6(a)(2)(A);
            (5) the number and total dollar amount of grants made 
        directly to United States students by the Foundation pursuant 
        to section 6(a)(2)(A); and
            (6) the total administrative and operating expenses of the 
        Foundation for the year, as well as specific information on--
                    (A) the number of Foundation employees and the cost 
                of compensation for Board members, Foundation 
                employees, and personal service contractors;
                    (B) costs associated with securing the use of real 
                property for carrying out the functions of the 
                Foundation;
                    (C) total travel expenses incurred by Board members 
                and Foundation employees in connection with Foundation 
                activities; and
                    (D) total representational expenses.

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

    (a) Powers.--The Foundation--
            (1) shall have perpetual succession unless dissolved by a 
        law enacted after the date of the enactment of this Act;
            (2) may adopt, alter, and use a seal, which shall be 
        judicially noticed;
            (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;
            (4) may determine and prescribe the manner in which its 
        obligations shall be incurred and its expenses allowed and 
        paid, including expenses for representation;
            (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;
            (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;
            (7) may use the United States mails in the same manner and 
        on the same conditions as the executive departments;
            (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;
            (9) may hire or obtain passenger motor vehicles; and
            (10) shall have such other powers as may be necessary and 
        incident to carrying out this Act.
    (b) Principal Office.--The Foundation shall maintain its principal 
office in the metropolitan area of Washington, District of Columbia.
    (c) Applicability of Government Corporation Control Act.--
            (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.
            (2) Conforming amendment.--Section 9101(3) of title 31, 
        United States Code, is amended by adding at the end the 
        following:
                    ``(R) the Senator Paul Simon Study Abroad 
                Foundation.''.
    (d) Inspector General.--
            (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.
            (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.
            (3) Reimbursement and authorization of services.--
                    (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.
                    (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.

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.
    (b) Reemployment Rights.--
            (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--
                    (A) is separated from the Foundation for any 
                reason, other than misconduct, neglect of duty, or 
                malfeasance; and
                    (B) applies for reemployment not later than 90 days 
                after the date of separation from the Foundation.
            (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.
    (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.
    (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.
    (e) Definitions.--In this section--
            (1) the term ``agency'' means an executive agency, as 
        defined by section 105 of title 5, United States Code; and
            (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.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this Act $80,000,000 for fiscal year 2008 and each 
        subsequent fiscal year.
            (2) Amounts in addition to other available amounts.--
        Amounts authorized to be appropriated by paragraph (1) are in 
        addition to amounts authorized to be appropriated or otherwise 
        made available for educational exchange programs, including the 
        J. William Fulbright Educational Exchange Program and the 
        Benjamin A. Gilman International Scholarship Program, 
        administered by the Bureau of Educational and Cultural Affairs 
        of the Department of State.
    (b) Allocation of Funds.--
            (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.
            (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).

            Passed the House of Representatives June 5, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 1469

_______________________________________________________________________

                                 AN ACT

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