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106th CONGRESS
2d Session
H. R. 5581
To carry out an international fellowship program between the United
States and Vietnam to enable Vietnamese nationals to pursue advanced
studies in science, mathematics, medicine, and technology; to enable
United States citizens to teach in those fields in Vietnam; and to
promote reconciliation between the two countries.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 26, 2000
Mr. George Miller of California (for himself and Mr. Evans) introduced
the following bill; which was referred to the Committee on
International Relations
_______________________________________________________________________
A BILL
To carry out an international fellowship program between the United
States and Vietnam to enable Vietnamese nationals to pursue advanced
studies in science, mathematics, medicine, and technology; to enable
United States citizens to teach in those fields in Vietnam; and to
promote reconciliation between the two countries.
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 Act of
2000''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To establish an international fellowship program under
which--
(A) Vietnamese nationals can undertake graduate and
post-graduate level studies in the sciences (natural,
physical, and environmental), mathematics, medicine,
and technology (including information technology); and
(B) United States citizens can teach in the fields
specified in subparagraph (A) in appropriate Vietnamese
institutions.
(2) To further the process of reconciliation between the
United States and Vietnam and the building of a bilateral
relationship serving the interests of both countries.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation.
(2) Foundation.--The term ``Foundation'' means the Vietnam
Education Foundation established in section 4.
(3) 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)).
(4) United states-vietnam debt agreement.--The term
``United States-Vietnam debt agreement'' means the Agreement
Between the Government of the United States of America and the
Government of the Socialist Republic of Vietnam Regarding the
Consolidation and Rescheduling of Certain Debts Owed to,
Guaranteed by, or Insured by the United States Government and
the Agency for International Development, dated April 7, 1997.
SEC. 4. ESTABLISHMENT.
There is established the Vietnam Education Foundation as an
independent establishment of the executive branch under section 104 of
title 5, United States Code.
SEC. 5. BOARD OF DIRECTORS.
(a) In General.--The Foundation shall be subject to the supervision
and direction of the Board of Directors, which shall consist of 13
members, as follows:
(1) Two members of the House of Representatives appointed
by the Speaker of the House of Representatives, one of whom
shall be appointed upon the recommendation of the Majority
Leader and one of whom shall be appointed upon the
recommendation of the Minority Leader, and who shall serve as
ex officio, nonvoting members.
(2) Two members of the Senate, appointed by the President
pro tempore, one of whom shall be appointed upon the
recommendation of the Majority Leader and one of whom shall be
appointed upon the recommendation of the Minority Leader, and
who shall serve as ex officio, nonvoting members.
(3) Secretary of State.
(4) Secretary of Education.
(5) Secretary of the Treasury.
(6) Six members to be appointed by the President from among
individuals in the nongovernmental sector who have academic
excellence or experience in the fields of concentration
specified in section 2(1)(A) or a general knowledge of Vietnam,
not less than three of whom shall be drawn from academic life.
(b) Rotation of Membership.--(1) The term of office of each member
appointed under subsection (a)(6) shall be 3 years, except that of the
members initially appointed under that subsection, two shall serve for
terms of one year, two shall serve for terms of two years, and two
shall serve for terms of three years.
(2) A member of Congress appointed under subsection (a)(1) or (2)
shall not serve as a member of the Board for more than a total of six
years.
(c) Chair.--The Board shall elect one of the members appointed
under subsection (a)(6) to serve as Chair.
(d) Meetings.--The Board shall meet upon the call of the Chair but
not less frequently than twice each year. A majority of the voting
members of the Board shall constitute a quorum.
(e) Duties.--The Board shall--
(1) select the individuals who will be eligible to serve as
Fellows; and
(2) provide overall supervision and direction of the
Foundation.
(f) Compensation.--
(1) In general.--Except as provided in paragraph (2), each
member of the Board shall serve without compensation, and
members who are officers or employees of the United States
shall serve without compensation in addition to that received
for their services as officers or employees of the United
States.
(2) Travel expenses.--The members of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of service for the Board.
SEC. 6. FELLOWSHIP PROGRAM.
(a) Award of Fellowships.--
(1) In general.--To carry out the purposes of this Act, the
Foundation shall award fellowships to--
(A) Vietnamese nationals to study at institutions
of higher education in the United States at graduate
and post-graduate levels in the following fields:
physical sciences, natural sciences, mathematics,
environmental sciences, medicine, technology, and
computer sciences; and
(B) United States citizens to teach in Vietnam in
appropriate Vietnamese institutions in the fields of
study described in subparagraph (A).
(2) Special emphasis on scientific and technical vocabulary
in english.--Fellowships awarded under paragraph (1) may
include funding for the study of scientific and technical
vocabulary in English.
(b) Criteria for Selection.--Fellowships under this Act shall be
awarded to persons who meet the minimum criteria established by the
Foundation, including the following:
(1) Vietnamese nationals.--Vietnamese candidates for
fellowships shall have basic English proficiency and must have
the ability to meet the criteria for admission into graduate or
post-graduate programs in United States institutions of higher
learning.
(2) United states citizen teachers.--American teaching
candidates shall be highly competent in their fields and be
experienced and proficient teachers.
(c) Implementation.--The Foundation may provide, directly or by
contract, for the conduct of nationwide competition for the purpose of
selecting recipients of fellowships awarded under this section.
(d) Authority To Award Fellowships on a Matching Basis.--The
Foundation may require, as a condition of the availability of funds for
the award of a fellowship under this Act, that an institution of higher
education make available funds for such fellowship on a matching basis.
(e) Fellowship Conditions.--A person awarded a fellowship under
this Act may receive payments authorized under this Act only during
such periods as the Foundation finds that the person is maintaining
satisfactory proficiency and devoting full time to study or teaching,
as appropriate, and is not engaging in gainful employment other than
employment approved by the Foundation pursuant to regulations of the
Board.
(f) Funding.--
(1) Fiscal year 2001.--
(A) Authorization of appropriations.--There are
authorized to be appropriated to the Foundation
$5,000,000 for fiscal year 2001 to carry out the
activities of the Foundation.
(B) Availability of funds.--Amounts appropriated
pursuant to subparagraph (A) are authorized to remain
available until expended.
(2) Fiscal year 2002 and subsequent fiscal years.--
Effective October 1, 2001, the Foundation shall utilize funds
transferred to the Foundation under section 7.
SEC. 7. VIETNAM DEBT REPAYMENT FUND.
(a) Establishment.--Notwithstanding any other provision of law,
there is established in the Treasury a separate account which shall be
known as the Vietnam Debt Repayment Fund (in this subsection referred
to as the ``Fund'').
(b) Deposits.--There shall be deposited as offsetting receipts into
the Fund all payments (including interest payments) made by the
Socialist Republic of Vietnam under the United States-Vietnam debt
agreement.
(c) Availability of the Funds.--
(1) Fiscal year limitation.--Beginning with fiscal year
2002, and each subsequent fiscal year through fiscal year 2018,
$5,000,000 of the amounts deposited into the Fund (or accrued
interest) each fiscal year shall be available to the
Foundation, without fiscal year limitation, under paragraph
(2).
(2) Disbursement of funds.--The Secretary of the Treasury,
at least on a quarterly basis, shall transfer to the Foundation
amounts allotted to the Foundation under paragraph (1) for the
purpose of carrying out its activities.
(3) Transfer of excess funds to miscellaneous receipts.--
Beginning with fiscal year 2002, and each subsequent fiscal
year through fiscal year 2018, the Secretary of the Treasury
shall withdraw from the Fund and deposit in the Treasury of the
United States as miscellaneous receipts all moneys in the Fund
in excess of amounts made available to the Foundation under
paragraph (1).
(d) Annual Report.--The Board shall prepare and submit annually to
Congress statements of financial condition of the Fund, including the
beginning balance, receipts, refunds to appropriations, transfers to
the general fund, and the ending balance.
SEC. 9. FOUNDATION PERSONNEL MATTERS.
(a) Appointment by Board.--There shall be an Executive Secretary of
the Foundation who shall be appointed by the Board without regard to
the provisions of title 5, United States Code, or any regulation
thereunder, governing appointment in the competitive service. The
Executive Director shall be the Chief Executive Officer of the
Foundation and shall carry out the functions of the Foundation subject
to the supervision and direction of the Board. The Executive Director
shall carry out such other functions consistent with the provisions of
this Act as the Board shall prescribe. The decision to employ or
terminate an Executive Director shall be made by an affirmative vote of
at least 6 of the 9 voting members of the Board.
(b) Professional Staff.--The Executive Director shall hire
Foundation staff on the basis of professional and nonpartisan
qualifications.
(c) Experts and Consultants.--The Executive Director may procure
temporary and intermittent services of experts and consultants as are
necessary to the extent authorized by section 3109 of title 5, United
States Code to carry out the purposes of the Foundation.
(d) Compensation.--The Board may fix the compensation of the
Executive Director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title V, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the Executive
Director and other personnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
SEC. 9. ADMINISTRATIVE PROVISIONS.
(a) In General.--In order to carry out this title, the Foundation
may--
(1) prescribe such regulations as it considers necessary
governing the manner in which its functions shall be carried
out;
(2) receive money and other property donated, bequeathed,
or devised, without condition or restriction other than it be
used for the purposes of the Foundation, and to use, sell, or
otherwise dispose of such property for the purpose of carrying
out its functions;
(3) accept and use the services of voluntary and
noncompensated personnel;
(4) enter into contracts or other arrangements, or make
grants, to carry out the provisions of this title, and enter
into such contracts or other arrangements, or make such grants,
with the concurrence of a majority of the members of the Board,
without performance or other bonds and without regard to
section 3709 of the Revised Statutes (41 U.S.C. 5);
(5) rent office space in the District of Columbia; and
(6) make other necessary expenditures.
(b) Annual Report.--The Foundation shall submit to the President
and to the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives an
annual report of its operations under this Act.
SEC. 10. TERMINATION.
(a) In General.--The Foundation may not award any new fellowship,
or extend any existing fellowship, after September 30, 2016.
(b) Abolishment.--Effective 120 days after the expiration of the
last fellowship in effect under this Act, the Foundation is abolished.
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