[Congressional Record (Bound Edition), Volume 153 (2007), Part 7]
[Senate]
[Pages 9638-9643]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 903. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. H-1B VISA EMPLOYER FEE.

       Section 214(c)(9)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(c)(9)(B)) is amended by striking ``$1,500'' 
     and inserting ``$2,000''.
                                 ______
                                 
  SA 904. Mr. BINGAMAN (for himself and Mr. Alexander) proposed an 
amendment to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
as follows:

       On page 44, beginning with line 16 strike through line 2 on 
     page 45.
       On page 45, line 3, strike ``(d)'' and insert ``(c)''.
       On page 47, line 8, strike ``(e)'' and insert ``(d)''.
       On page 47, line 21, strike ``(f)'' and insert ``(e)''.
                                 ______
                                 
  SA 905. Mr. OBAMA submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       On page 78, strike line 21 and insert the following:
       ``(D) $27,500,000 for fiscal year 2011.

                      ``CHAPTER 6--ADMINISTRATION

     ``SEC. 3195. MENTORING PROGRAM.

       ``(a) In General.--As part of the programs established 
     under chapters 1, 3, and 4, the Director shall establish a 
     program to recruit and provide mentors for women and 
     underrepresented minorities who are interested in careers in 
     mathematics, science, and engineering by pairing those women 
     and minorities who are in programs of study at specialty 
     schools for mathematics and science, Centers of Excellence, 
     and summer institutes established under chapters 1, 3, and 4, 
     respectively.
       ``(b) Program Evaluation.--The Secretary shall annually--
       ``(1) use metrics to evaluate the success of the programs 
     established under subsection (a); and
       ``(2) submit to Congress a report that describes the 
     results of each evaluation.''.
                                 ______
                                 
  SA 906. Mr. INOUYE (for himself and Mr. Stevens) proposed an 
amendment to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
as follows:

       On page 5, beginning on line 13, strike ``science and 
     technology'' and insert ``science, technology, engineering, 
     and mathematics''.
       On page 25, line 5, strike ``education'' and insert 
     ``education, consistent with the agency mission, including 
     authorized activities''.
       Strike from line 16 on page 44 through line 2 on page 45.
       On page 45, line 3, strike ``(d)'' and insert ``(c)''.
       On page 47, line 8, strike ``through the end of line 20.
       On page 47, line 21, strike ``(f)'' and insert ``(d)''.
       On page 49, between lines 17 and 18, insert the following:

     SEC. 1503. NOAA'S CONTRIBUTION TO INNOVATION.

       (a) Participation in Interagency Activities.--The National 
     Oceanic and Atmospheric Administration shall be a full 
     participant in any interagency effort to promote innovation 
     and economic competitiveness through near-term and long-term 
     basic scientific research and development and the promotion 
     of science, technology, engineering, and mathematics 
     education, consistent with the agency mission, including 
     authorized activities.
       (b) Historic Foundation.--In order to carry out the 
     participation described in subsection (a), the Administrator 
     of the National Oceanic and Atmospheric Administration shall 
     build on the historic role of the National Oceanic and 
     Atmospheric Administration in stimulating excellence in the 
     advancement of ocean and atmospheric science and engineering 
     disciplines and in providing opportunities and incentives for 
     the pursuit of academic studies in science, technology, 
     engineering, and mathematics.
       On page 170, strike lines 20 through 23 and insert the 
     following:
       (1) $6,729,000,000 for fiscal year 2008;
       (2) $7,738,000,000 for fiscal year 2009;
       (3) $8,899,000,000 for fiscal year 2010; and
       (4) $10,234,000,000 for fiscal year 2011.
       
       On page 172, line 19, strike ``Foundation, for each of the 
     fiscal years 2008'' and insert the following: ``Foundation, 
     for fiscal year 2008, $1,050,000,000, and, for each of the 
     fiscal years 2009''.
       On page 172, line 25, strike ``2007'' and insert ``2008''.
       On page 173, line 5, strike ``5-year'' and insert ``4-
     year''.
       On page 173, line 21, strike ``an additional 250'' and 
     insert ``additional''.
       On page 174, line 5, strike ``5-year'' and insert ``4-
     year''.
       On page 174, line 17, strike ``an additional 250'' and 
     insert ``additional''.
       On page 183, line 4, strike ``restrict or bias'' and insert 
     ``inhibit''.
       On page 183, line 5, strike ``against'' and insert ``for''.
       On page 184, beginning on line 2, strike ``1862g), for each 
     of fiscal years 2008'' and insert the following: ``1862g), 
     for fiscal year 2008, $125,000,000, and, for each of fiscal 
     years 2009''.
       On page 184, line 8, strike ``2007'' and insert ``2008''.
                                 ______
                                 
  SA 907. Mr. OBAMA submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       After section 4005, insert the following:

     SEC. 4005A. CLIMATE CHANGE EDUCATION PROGRAM.

       (a) Establishment.--The Director of the National Science 
     Foundation hall establish a Climate Change Education Program 
     to--
       (1) broaden the understanding of human induced climate 
     change, possible long and short-term consequences, and 
     potential solutions;
       (2) apply the latest scientific and technological 
     discoveries to provide formal and informal learning 
     opportunities to people of all ages, including those of 
     diverse cultural and linguistic backgrounds; and
       (3) emphasize actionable information to help people 
     understand and to promote implementation of new technologies, 
     programs, and incentives related to energy conservation, 
     renewable energy, and greenhouse gas reduction.
       (b) Program Elements.--The Climate Change Education Program 
     shall include--
       (1) a national information campaign to disseminate 
     information on and promote implementation of the new 
     technologies, programs, and incentives described in 
     subsection (a)(3); and
       (2) a competitive grant program to provide grants to 
     States, local municipalities, educational institutions, and 
     other organizations to--
       (A) create informal education materials, exhibits, and 
     multimedia presentations relevant to climate change and 
     climate science;
       (B) develop climate science kindergarten through grade 12 
     curriculum and supplementary educational materials; or
       (C) publish climate change and climate science information 
     in print, electronic, and audio-visual forms.

[[Page 9639]]

       (c) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, and annually thereafter, the 
     Director of the National Science Foundation shall transmit to 
     Congress a report that evaluates the scientific merits, 
     educational effectiveness, and broader impacts of activities 
     under this section.
                                 ______
                                 
  SA 908. Mr. BINGAMAN proposed an amendment to the bill S. 761, to 
invest in innovation and education to improve the competitiveness of 
the United States in the global economy; as follows:

       On page 55, lines 21 and 22, strike ``engineering)'' and 
     insert ``engineering and technology)''.
       On page 56, line 8, after ``engineering'' insert ``and 
     technology''.
       On page 56, line 24, strike ``mathematics and science'' and 
     insert ``mathematics, science, engineering, and technology''.
       On page 59, line 6, strike ``mathematics and science'' and 
     insert ``mathematics, science, and, to the extent applicable, 
     technology and engineering''.
       On page 59, line 15, strike ``mathematics and science'' and 
     insert ``mathematics, science, technology, and engineering''.
       On page 60, line 6, strike ``mathematics and science'' and 
     insert ``mathematics, science, technology, and engineering''.
       On page 60, line 10, before ``that'' insert ``in 
     mathematics, science, and to the extent applicable, 
     technology and engineering''.
       On page 61, lines 8 and 9, strike ``mathematics and 
     science'' and insert ``mathematics, science, and, to the 
     extent applicable, technology and engineering''.
       On page 62, line 14, strike ``mathematics or science'' and 
     insert ``mathematics, science, technology, or engineering''.
       On page 65, lines 16 and 17, strike ``MATHEMATICS AND 
     SCIENCE'' and insert ``MATHEMATICS, SCIENCE, TECHNOLOGY, AND 
     ENGINEERING''.
       On page 65, line 19, strike ``MATHEMATICS AND SCIENCE'' and 
     insert ``MATHEMATICS, SCIENCE, TECHNOLOGY, AND ENGINEERING''.
       On page 66, lines 8 and 9, strike ``Mathematics and 
     Science'' and insert ``Mathematics, Science, Technology, and 
     Engineering''.
       On page 67, line 9, strike ``Mathematics and Science'' and 
     insert ``Mathematics, Science, Technology, and Engineering''.
       On page 67, lines 16 and 17, strike ``math and science'' 
     and insert ``mathematics, science, and technology''.
       On page 68, lines 21 and 22, strike ``mathematics or 
     science (including engineering)'' and insert ``mathematics, 
     science, or engineering''.
       On page 69, lines 4 and 5, strike ``mathematics or 
     science'' and insert ``mathematics, science, or technology''.
       Beginning on page 69, line 25 through page 70, line 1, 
     strike ``mathematics and science'' and insert ``mathematics, 
     science, technology, and engineering''.
       On page 70, lines 10 and 11, strike ``mathematics and 
     science'' and insert ``mathematics, science, technology, and 
     engineering''.
       On page 71, line 7, strike ``mathematics and science'' and 
     insert ``mathematics, science, technology, and engineering''.
       On page 71, line 10, strike ``mathematics and science'' and 
     insert ``mathematics, science, technology, and engineering''.
       On page 71, line 18, strike ``mathematics and science'' and 
     insert ``mathematics, science, and, to the extent applicable, 
     technology and engineering''.
       On page 72, line 23, strike ``mathematics and science'' and 
     insert ``mathematics, science, technology, and engineering''.
       On page 73, lines 18 and 19, strike ``mathematics and 
     science'' and insert ``mathematics, science, and to the 
     extent applicable, technology and engineering''.
       On page 73, lines 23 and 24, strike ``mathematics and 
     science'' and insert ``mathematics, science, technology, and 
     engineering''.
                                 ______
                                 
  SA 909. Mr. GREGG submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IMMIGRANT VISA REFORM.

       (a) Worldwide Level of Immigrants With Advanced Degrees.--
     Section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151) is amended--
       (1) in subsection (a)(3), by inserting ``and immigrants 
     with advanced degrees'' after ``diversity immigrants''; and
       (2) by amending subsection (e) to read as follows:
       ``(e) Worldwide Level of Diversity Immigrants and 
     Immigrants With Advanced Degrees.--
       ``(1) Diversity immigrants.--The worldwide level of 
     diversity immigrants described in section 203(c)(1) is equal 
     to 18,333 for each fiscal year.
       ``(2) Immigrants with advanced degrees.--The worldwide 
     level of immigrants with advanced degrees described in 
     section 203(c)(2) is equal to 36,667 for each fiscal year.''.
       (b) Immigrants With Advanced Degrees.--Section 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1153(c)) is 
     amended--
       (1) in subsection (c)--
       (A) in paragraph (1), by striking ``paragraph (2), aliens 
     subject to the worldwide level specified in section 201(e)'' 
     and inserting ``paragraphs (2) and (3), aliens subject to the 
     worldwide level specified in section 201(e)(1)'';
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (C) by inserting after paragraph (1) the following:
       ``(2) Aliens who hold an advanced degree in science, 
     mathematics, technology, or engineering.--
       ``(A) In general.--Qualified immigrants who hold a master's 
     or doctorate degree in the life sciences, the physical 
     sciences, mathematics, technology, or engineering shall be 
     allotted visas each fiscal year in a number not to exceed the 
     worldwide level specified in section 201(e)(2).
       ``(B) Economic considerations.--Beginning on the date which 
     is 1 year after the date of the enactment of this paragraph, 
     the Secretary of State, in consultation with the Secretary of 
     Commerce and the Secretary of Labor, and after notice and 
     public hearing, shall determine which of the degrees 
     described in subparagraph (A) will provide immigrants with 
     the knowledge and skills that are most needed to meet 
     anticipated workforce needs and protect the economic security 
     of the United States.'';
       (D) in paragraph (3), as redesignated, by striking ``this 
     subsection'' each place it appears and inserting ``paragraph 
     (1)''; and
       (E) by amending paragraph (4), as redesignated, to read as 
     follows:
       ``(4) Maintenance of information.--
       ``(A) Diversity immigrants.--The Secretary of State shall 
     maintain information on the age, occupation, education level, 
     and other relevant characteristics of immigrants issued visas 
     under paragraph (1).
       ``(B) Immigrants with advanced degrees.--The Secretary of 
     State shall maintain information on the age, degree 
     (including field of study), occupation, work experience, and 
     other relevant characteristics of immigrants issued visas 
     under paragraph (2).''; and
       (2) in subsection (e)--
       (A) in paragraph (2), by striking ``(c)'' and inserting 
     ``(c)(1)'';
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) Immigrant visas made available under subsection 
     (c)(2) shall be issued as follows:
       ``(A) If the Secretary of State has not made a 
     determination under subsection (c)(2)(B), immigrant visas 
     shall be issued in a strictly random order established by the 
     Secretary for the fiscal year involved.
       ``(B) If the Secretary of State has made a determination 
     under subsection (c)(2)(B) and the number of eligible 
     qualified immigrants who have a degree selected under such 
     subsection and apply for an immigrant visa described in 
     subsection (c)(2) is greater than the worldwide level 
     specified in section 201(e)(2), the Secretary shall issue 
     immigrant visas only to such immigrants and in a strictly 
     random order established by the Secretary for the fiscal year 
     involved.
       ``(C) If the Secretary of State has made a determination 
     under subsection (c)(2)(B) and the number of eligible 
     qualified immigrants who have degrees selected under such 
     subsection and apply for an immigrant visa described in 
     subsection (c)(2) is not greater than the worldwide level 
     specified in section 201(e)(2), the Secretary shall--
       ``(i) issue immigrant visas to eligible qualified 
     immigrants with degrees selected in subsection (c)(2)(B); and
       ``(ii) issue any immigrant visas remaining thereafter to 
     other eligible qualified immigrants with degrees described in 
     subsection (c)(2)(A) in a strictly random order established 
     by the Secretary for the fiscal year involved.''.
       (c) Advanced Degree and Diversity Visa Carryover.--Section 
     204(a)(1)(I)(ii)(II) of the Immigration and Nationality Act 
     (8 U.S.C. 1154(a)(1)(I)(ii)(II)) is amended to read as 
     follows:
       ``(II) An immigrant visa made available under subsection 
     203(c) for fiscal year 2007 or any subsequent fiscal year may 
     be issued, or adjustment of status under section 245(a) may 
     be granted, to an eligible qualified alien who has properly 
     applied for such visa or adjustment of status in the fiscal 
     year for which the alien was selected notwithstanding the end 
     of such fiscal year. Such visa or adjustment of status shall 
     be counted against the worldwide levels set forth in section 
     201(e) for the fiscal year for which the alien was 
     selected.''.
       (d) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on October 1, 2007.
                                 ______
                                 
  SA 910. Mr. GREGG submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in

[[Page 9640]]

the global economy; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MARKET-BASED VISA LIMITS.

       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``(beginning with fiscal year 1992)''; and
       (B) in subparagraph (A)--
       (i) in clause (vi) by striking ``and'';
       (ii) in clause (vii), by striking ``each succeeding fiscal 
     year; or'' and inserting ``each of fiscal years 2004, 2005, 
     2006, and 2007;''; and
       (iii) by adding after clause (vii) the following:
       ``(viii) 150,000 for fiscal year 2008; and
       ``(ix) the number calculated under paragraph (9) for each 
     fiscal year after fiscal year 2008; or'';
       (2) by redesignating paragraphs (9), (10), and (11) as 
     paragraphs (10), (11), and (12), respectively; and
       (3) by inserting after paragraph (8) the following:
       ``(9) If the numerical limitation in paragraph (1)(A)--
       ``(A) is reached during the previous fiscal year, the 
     numerical limitation under paragraph (1)(A)(ix) for the 
     subsequent fiscal year shall be equal to 120 percent of the 
     numerical limitation of the previous fiscal year; or
       ``(B) is not reached during the previous fiscal year, the 
     numerical limitation under paragraph (1)(A)(ix) for the 
     subsequent fiscal year shall be equal to the numerical 
     limitation of the previous fiscal year.''.
                                 ______
                                 
  SA 911. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TRADE COMPLAINT AND LITIGATION ACCOUNTABILITY 
                   IMPROVEMENT.

       (a) Short Title.--This section may be cited as the ``Trade 
     Complaint and Litigation Accountability Improvement Measures 
     Act'' or the ``Trade CLAIM Act''.
       (b) Review of Determinations of the United States Trade 
     Representative by the Court of International Trade.--Section 
     1581 of title 28, United States Code, is amended--
       (1) in subsection (i)--
       (A) in the matter preceding paragraph (1), by striking 
     ``subsections (a)-(h) of this section'' and inserting 
     ``subsections (a) through (h) and subsection (k),''; and
       (B) in paragraph (4), by striking ``subsections (a)-(h) of 
     this section'' and inserting ``subsections (a) through (h) 
     and subsection (k)''; and
       (2) by adding at the end the following:
       ``(k) The Court of International Trade shall have exclusive 
     jurisdiction of any civil action commenced by a petitioner 
     requesting that the United States Trade Representative take 
     action under section 301 of the Trade Act of 1974 (19 U.S.C. 
     2411) to review de novo any determination, finding, or action 
     of the United States Trade Representative under section 
     301(a), 302(a)(2), 304(a)(1), 305(a)(2)(A)(ii), 306(b), or 
     307(a)(1) of the Trade Act of 1974 (19 U.S.C. 2411(a), 
     2412(a)(2), 2414(a)(1), 2415(a)(2)(A)(ii), 2416(b), and 
     2417(a)(1)).''.
       (c) Consideration by the United States Trade Representative 
     of Petitions to Enforce United States Trade Rights.--
       (1) Actions by united states trade representative.--Section 
     301 of the Trade Act of 1974 (19 U.S.C. 2411) is amended--
       (A) in subsection (a)--
       (i) in the flush text at the end of paragraph (1), by 
     striking ``of this section, subject to the specific 
     direction, if any, of the President regarding any such 
     action,''; and
       (ii) in paragraph (2)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``in any case in which'' and inserting ``if'';
       (II) in subparagraph (A)(ii)(II), by striking ``or'' at the 
     end; and
       (III) by striking subparagraph (B) and inserting the 
     following:

       ``(B) the foreign country has--
       ``(i) agreed to imminently eliminate the act, policy, or 
     practice; or
       ``(ii) agreed to a solution to imminently relieve the 
     burden or restriction on United States commerce resulting 
     from the act, policy, or practice;
       ``(C) the Trade Representative determines that it is 
     impossible for the foreign country to achieve the results 
     described in subparagraph (B), and the foreign country agrees 
     to provide to the United States compensatory trade benefits 
     that are equivalent in value to the burden or restriction on 
     United States commerce resulting from the acts, policy, or 
     practice;
       ``(D) in extraordinary cases, the Trade Representative 
     determines that taking action under this subsection would 
     have an adverse impact on the United States economy that is 
     substantially out of proportion to the benefits of such 
     action, taking into account the impact of not taking such 
     action on the credibility of the provisions of this chapter; 
     or
       ``(E) the Trade Representative determines that taking 
     action under this subsection would cause serious harm to the 
     national security of the United States.''; and
       (B) in subsection (c)(1)(D)--
       (i) by striking clauses (i) and (ii) and inserting the 
     following:
       ``(i) imminently eliminate the act, policy, or practice 
     that is the subject of the action to be taken under 
     subsection (a) or (b);
       ``(ii) imminently relieve the burden or restriction on 
     United States commerce resulting from the act, policy, or 
     practice; or''; and
       (ii) in clause (iii), by amending subclause (I) to read as 
     follows:

       ``(I) are equivalent in value to the burden or restriction 
     on United States commerce resulting from the act, policy, or 
     practice; and''.

       (2) Initiation of investigations.--Section 302 of the Trade 
     Act of 1974 (19 U.S.C. 2412) is amended--
       (A) in subsection (a)(2), by inserting ``based on whether 
     the petitioner has alleged facts that, if assumed to be true, 
     would meet the criteria described in section 301(a)(1)'' 
     before the period at the end; and
       (B) in subsection (c), by striking ``(a) or''.
       (3) Consultations.--Section 303 of the Trade Act of 1974 
     (19 U.S.C. 2413) is amended--
       (A) in subsection (a)(2), by striking ``mutually acceptable 
     resolution'' and inserting ``resolution acceptable to the 
     Trade Representative, the foreign country, and the petitioner 
     (if any)''; and
       (B) in subsection (b)(1)(A), by striking ``after consulting 
     with'' and inserting ``with the consent of''.
       (4) Implementation of actions.--Section 305(a)(1) of the 
     Trade Act of 1974 (19 U.S.C. 2415(a)(1)) is amended by 
     striking ``, subject to the specific direction, if any, of 
     the President regarding any such action, by no'' and 
     inserting ``by not''.
       (5) Monitoring of foreign compliance.--Section 306(b) of 
     the Trade Act of 1974 (19 U.S.C. 2416(b)) is amended--
       (A) in paragraph (1), by striking ``the Trade 
     Representative considers'' and inserting ``the Trade 
     Representative or the petitioner (if any) considers''; and
       (B) in paragraph (2)(A), by striking ``the Trade 
     Representative considers'' and inserting ``the Trade 
     Representative or the petitioner (if any) considers''.
       (6) Modification and termination of action.--Section 
     307(a)(1) of the Trade Act of 1974 (19 U.S.C. 2417(a)(1)) is 
     amended by striking ``, subject to the specific direction, if 
     any, of the President with respect to such action,''.
                                 ______
                                 
  SA 912. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the end of division C, insert the following:

                         TITLE V--STUDY ABROAD

     SEC. 3501. SHORT TITLE.

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

     SEC. 3502. 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 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) 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.
       (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.
       (6) In today's world, it is more important than ever for 
     the United States to be a responsible, constructive leader 
     that other

[[Page 9641]]

     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.
       (7) Study abroad has proven to be a very effective means of 
     imparting international and foreign-language competency to 
     students.
       (8) In any given year, only approximately one percent of 
     all students enrolled in United States institutions of higher 
     education study abroad.
       (9) Less than 10 percent of the students who graduate from 
     United States institutions of higher education with bachelors 
     degrees have studied abroad.
       (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.
       (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.
       (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.

     SEC. 3503. PURPOSES.

       The purposes of this title are--
       (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;
       (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 
     American students in countries that have not traditionally 
     hosted large numbers of American students.

     SEC. 3504. DEFINITIONS.

       In this title:
       (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 3505(d).
       (3) Chief executive officer.--The term ``Chief Executive 
     Officer'' means the chief executive officer of the Foundation 
     appointed pursuant to section 3505(c).
       (4) Foundation.--The term ``Foundation'' means the Senator 
     Paul Simon Study Abroad Foundation established by section 
     3505(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.

     SEC. 3505. 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 title 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.
       (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).
       (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 title;
       (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;
       (3) through creative grant-making, promote access by 
     diverse 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 title; and
       (5) be committed to minimizing administrative costs and to 
     maximizing the availability of funds for grants under this 
     title.
       (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, and shall have the equivalent rank of Deputy 
     Secretary.
       (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 title 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

[[Page 9642]]

     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 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)--

       (I) shall be paid compensation out of funds made available 
     for the purposes of this title 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; and
       (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.

       (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.

     SEC. 3506. 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) individuals for study abroad;
       (B) nongovernmental institutions that provide and promote 
     study abroad opportunities, 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 students in 
     United States institutions of higher education will study 
     abroad annually for credit;
       (2) the demographics of study-abroad participation will 
     reflect the demographics of the United States undergraduate 
     population; 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.

     SEC. 3507. 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.

     SEC. 3508. 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 title;
       (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 title.
       (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. 3509. 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.

[[Page 9643]]

       (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. 3510. AUTHORIZATION OF APPROPRIATIONS.

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

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