[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3097 Reported in Senate (RS)]






                                                       Calendar No. 957
110th CONGRESS
  2d Session
                                S. 3097

                          [Report No. 110-458]

         To amend the Vietnam Education Foundation Act of 2000.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2008

Mr. Kerry (for himself, Mr. Hagel, Mr. Biden, and Mr. Lugar) introduced 
the following bill; which was read twice and referred to the Committee 
                          on Foreign Relations

                           September 12, 2008

                Reported by Mr. Biden, without amendment

_______________________________________________________________________

                                 A BILL


 
         To amend the Vietnam Education Foundation Act of 2000.

    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 ``Vietnam Education Foundation 
Amendments Act of 2008''.

SEC. 2. TRANSFER OF THE FOUNDATION TO THE DEPARTMENT OF STATE.

    (a) In General.--Section 204 of the Vietnam Education Foundation 
Act of 2000 (22 U.S.C. 2452 note) is amended to read as follows:

``SEC. 204. ESTABLISHMENT.

    ``There is established, within the Bureau of Educational and 
Cultural Affairs of the Department of State, the Vietnam Education 
Foundation (referred to in this title as the `Foundation').''.
    (b) Replacement of Board of Directors With Advisory Committee.--
Section 205 of such Act is amended to read as follows:

``SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY COMMITTEE.

    ``(a) Establishment.--
            ``(1) In general.--There is established a Vietnam Education 
        Foundation Advisory Committee (referred to in this section as 
        the `Advisory Committee'), which shall provide advice to the 
        Secretary and the Assistant Secretary for Educational and 
        Cultural Affairs regarding the Foundation's activities.
            ``(2) Membership.--The Advisory Committee shall be composed 
        of 7 members, of whom--
                    ``(A) 3 shall be appointed by the Secretary;
                    ``(B) 1 shall be appointed by the majority leader 
                of the Senate;
                    ``(C) 1 shall be appointed by the minority leader 
                of the Senate;
                    ``(D) 1 shall be appointed by the Speaker of the 
                House of Representatives; and
                    ``(E) 1 shall be appointed by the minority leader 
                of the House of Representatives.
            ``(3) Appointment of incumbent members of board of 
        directors.--Members appointed to the Advisory Committee under 
        paragraph (2) may include individuals who were members of the 
        Board of Directors of the Foundation on the date immediately 
        preceding the date of the enactment of the Vietnam Education 
        Foundation Amendments Act of 2008.
    ``(b) Supervision.--The Foundation shall be subject to the 
supervision and direction of the Secretary, working through the 
Assistant Secretary for Educational and Cultural Affairs, and in 
consultation with the Advisory Committee established under subsection 
(a).''.
    (c) Fellowship Program.--Section 206(a) of such Act is amended--
            (1) in paragraph (1)(A), by striking ``to study at 
        institutions of higher education in the United States at 
        graduate and post-graduate levels'' and inserting ``for post-
        secondary studies at institutions of higher education in the 
        United States'';
            (2) in paragraph (2)--
                    (A) by striking ``may include funding to improve'' 
                and inserting the following: ``may include funding to--
                    ``(A) improve''; and
                    (B) by striking the period at the end and inserting 
                the following: ``; and
                    ``(B) prepare the fellowship recipient for post-
                secondary education in any field described in paragraph 
                (1)(A).''; and
            (3) by adding at the end the following:
            ``(3) Priority for basic sciences.--In awarding fellowships 
        under this subsection, the Foundation shall give priority to 
        individuals described in paragraph (1)(A) who are studying the 
        basic sciences.''.
    (d) Conforming Amendments.--Such Act is amended--
            (1) in section 203--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (1) and (2), respectively; and
                    (C) by inserting after paragraph (2), as 
                redesignated, the following:
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of State.'';
            (2) in section 206(e), by striking ``of the Board'' and 
        inserting ``promulgated by the Secretary'';
            (3) in section 208--
                    (A) in subsection (a)--
                            (i) in the subsection heading, by striking 
                        ``Board'' and inserting ``Secretary''; and
                            (ii) by striking ``Board'' each place it 
                        appears and inserting ``Secretary''; and
                    (B) in subsection (d), by striking ``Board'' and 
                inserting ``Secretary''; and
            (4) in section 209(b), by striking ``Board'' and inserting 
        ``Secretary''.
    (e) Mutual Educational and Cultural Exchange Act of 1961.--Section 
112(a) of the Mutual Educational and Cultural Exchange Act of 1961 (22 
U.S.C. 2460(a)) is amended--
            (1) in paragraph (8), by striking ``and'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) programs administered by the Vietnam Education 
        Foundation.''.
    (f) Transfer of Functions.--All functions and assets of the Vietnam 
Education Foundation are transferred to the Bureau of Educational and 
Cultural Affairs of the Department of State. The Assistant Secretary 
for Educational and Cultural Affairs may hire personnel who were 
employed by the Vietnam Education Foundation on the date before the 
date of the enactment of this Act, and such other personnel as may be 
necessary to support the Foundation, in accordance with part III of 
title 5, United States Code.

SEC. 3. AMERICAN RESEARCH COLLEGE IN VIETNAM.

    (a) Grants Authorized.--The Secretary of State, acting through the 
Assistant Secretary for Educational and Cultural Affairs, is authorized 
to award 1 or more grants to institutions of higher education (as 
defined in section 101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a))), which shall be used to participate in a partnership 
with the Government of the Socialist Republic of Vietnam to establish 
an American Research College in Vietnam. The purpose of the American 
Research College shall be to provide a high quality general education 
to Vietnamese undergraduate students.
    (b) Application.--
            (1) In general.--Each institution of higher education 
        desiring the grant under this section shall submit an 
        application to the Secretary of State at such time, in such 
        manner, and accompanied by such information as the Secretary 
        may reasonably require.
            (2) Competitive basis.--Each grant authorized under 
        subsection (a) shall be awarded on a competitive basis.
    (c) Source of Grant Funds.--The Secretary of State may use funds 
made available to the Vietnam Education Foundation under section 207(c) 
of the Vietnam Education Foundation Act of 2000 (22 U.S.C. 2452 note) 
for the grant awarded under this section.
    (d) Limitation.--The Secretary of State shall encourage the 
Government of the Socialist Republic of Vietnam to make an appropriate 
financial or in-kind contribution to establish and maintain the college 
established with grant funds awarded under this section.

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the date that is 90 days after the date of the enactment of this Act.
                                                       Calendar No. 957

110th CONGRESS

  2d Session

                                S. 3097

                          [Report No. 110-458]

_______________________________________________________________________

                                 A BILL

         To amend the Vietnam Education Foundation Act of 2000.

_______________________________________________________________________

                           September 12, 2008

                       Reported without amendment