II 

110TH CONGRESS 

1ST SESSION S. 991 

To establish the Senator Paul Simon Study Abroad Foundation under the 

authorities of the Mutual Educational and Cultural Exchange Act of 1961. 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2007 

Mr. DURBIN (for himself, Mr. COLEMAN, Mr. DODD, Mr. HAGEL, Mr. OBAMA, 

Mr. KERRY, Mr. ROBERTS, Mr. MENENDEZ, Mr. COCHRAN, Mr. 

LIEBERMAN, Mr. LEVIN, Mr. SMITH, Mr. STEVENS, Mr. AKAKA, Mr. 

CHAMBLISS, Ms. STABENOW, Ms. SNOWE, Ms. CANTWELL, Mr. BAUCUS, 

Mr. WARNER, Mr. PRYOR, and Mr. KENNEDY) introduced the following 

bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To establish the Senator Paul Simon Study Abroad Foundation under the authorities of the Mutual Educational 

and Cultural Exchange Act of 1961. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Senator Paul Simon 

5 Study Abroad Foundation Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


pwalker on PROD1PC71 with BILLS
2 

•S 991 IS

1 (1) According to President George W. Bush, 

2 ‘‘America’s leadership and national security rest on 

3 our commitment to educate and prepare our youth 

4 for active engagement in the international commu5 nity.’’. 

6 (2) According to former President William J. 

7 Clinton, ‘‘Today, the defense of United States inter8 ests, the effective management of global issues, and 

9 even an understanding of our Nation’s diversity re10 quire ever-greater contact with, and understanding 

11 of, people and cultures beyond our borders.’’. 

12 (3) Congress authorized the establishment of 

13 the Commission on the Abraham Lincoln Study 

14 Abroad Fellowship Program pursuant to section 104 

15 of the Miscellaneous Appropriations and Offsets Act, 

16 2004 (division H of Public Law 108–199). Pursuant 

17 to its mandate, the Commission has submitted to 

18 Congress and the President a report of its rec19 ommendations for greatly expanding the opportunity 

20 for students at institutions of higher education in 

21 the United States to study abroad, with special em22 phasis on studying in developing nations. 

23 (4) Studies consistently show that United 

24 States students score below their counterparts in 

25 other advanced countries on indicators of interVerDate Aug 31 2005 18:14 Apr 02, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S991.IS S991

pwalker on PROD1PC71 with BILLS
3 

•S 991 IS

1 national knowledge. This lack of global literacy is a 

2 national liability in an age of global trade and busi3 ness, global interdependence, and global terror. 

4 (5) By numbers ranging from 77 to more than 

5 90 percent, Americans believe that it is important 

6 for their children to learn other languages, study 

7 abroad, attend a college where they can interact with 

8 international students, learn about other countries 

9 and cultures, and generally be prepared for the glob10 al age, according to a December 2005 national sur11 vey commissioned by NAFSA: Association of Inter12 national Educators. 

13 (6) In today’s world, it is more important than 

14 ever for the United States to be a responsible, con15 structive leader that other countries are willing to 

16 follow. Such leadership cannot be sustained without 

17 an informed citizenry with much more knowledge 

18 and awareness of the world than most Americans 

19 currently possess. 

20 (7) Study abroad has proven to be a very effec21 tive means of imparting international and foreign22 language competency to students. 

23 (8) In any given year, only approximately one 

24 percent of all students enrolled in United States in25 stitutions of higher education study abroad. 


pwalker on PROD1PC71 with BILLS
4 

•S 991 IS

1 (9) Less than 10 percent of the students who 

2 graduate from United States institutions of higher 

3 education with bachelors degrees have studied 

4 abroad. 

5 (10) Far more study abroad must take place in 

6 the developing countries. Ninety-five percent of the 

7 world’s population growth over the next 50 years 

8 will occur outside of Europe. Yet in the academic 

9 year 2004–2005, 60 percent of United States stu10 dents studying abroad studied in Europe, and 45 

11 percent studied in four countries—the United King12 dom, Italy, Spain, and France—according to the In13 stitute of International Education. 

14 (11) The Final Report of the National Commis15 sion on Terrorist Attacks Upon the United States 

16 (The 9/11 Commission Report) recommended that 

17 the United States increase support for ‘‘scholarship, 

18 exchange, and library programs’’. The 9/11 Public 

19 Discourse Project, successor to the 9/11 Commis20 sion, noted in its November 14, 2005, status report 

21 that this recommendation was ‘‘unfulfilled,’’ and 

22 stated that ‘‘The U.S. should increase support for 

23 scholarship and exchange programs, our most power24 ful tool to shape attitudes over the course of a gen25 eration.’’. In its December 5, 2005, Final Report on 


pwalker on PROD1PC71 with BILLS
5 

•S 991 IS

1 the 9/11 Commission Recommendations, the 9/11 

2 Public Discourse Project gave the government a 

3 grade of ‘‘D’’ for its implementation of this rec4 ommendation. 

5 (12) Investing in a national study abroad pro6 gram would help turn a grade of ‘‘D’’ into an ‘‘A’’ 

7 by equipping United States students to communicate 

8 United States values and way of life through the 

9 unique dialogue that takes place among citizens 

10 from around the world when individuals study 

11 abroad. 

12 SEC. 3. PURPOSES. 

13 The purposes of this Act are— 

14 (1) to significantly enhance the global competi15 tiveness and international knowledge base of the 

16 United States by ensuring that more students in 

17 United States institutions of higher education have 

18 the opportunity to acquire foreign language skills 

19 and international knowledge through significantly 

20 expanded study abroad; 

21 (2) to enhance the foreign policy capacity of the 

22 United States by significantly expanding and diversi23 fying the talent pool of individuals with non-tradi24 tional foreign language skills and cultural knowledge 

25 in the United States who are available for recruitVerDate Aug 31 2005 18:14 Apr 02, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S991.IS S991

pwalker on PROD1PC71 with BILLS
6 

•S 991 IS

1 ment by United States foreign affairs agencies, leg2 islative branch agencies, and nongovernmental orga3 nizations involved in foreign affairs activities; 

4 (3) to ensure that an increasing portion of 

5 study abroad by United States students will take 

6 place in nontraditional study abroad destinations 

7 such as the People’s Republic of China, countries of 

8 the Middle East region, and developing countries; 

9 and 

10 (4) to create greater cultural understanding of 

11 the United States by exposing foreign students and 

12 their families to American students in countries that 

13 have not traditionally hosted large numbers of 

14 American students. 

15 SEC. 4. DEFINITIONS. 

16 In this Act: 

17 (1) APPROPRIATE CONGRESSIONAL COMMIT18 TEES.—The term ‘‘appropriate congressional com19 mittees’’ means— 

20 (A) the Committee on Foreign Affairs and 

21 the Committee on Appropriations of the House 

22 of Representatives; and 

23 (B) the Committee on Foreign Relations 

24 and the Committee on Appropriations of the 

25 Senate. 


pwalker on PROD1PC71 with BILLS
7 

•S 991 IS

1 (2) BOARD.—The term ‘‘Board’’ means the 

2 Board of Directors of the Foundation established 

3 pursuant to section 5(d). 

4 (3) CHIEF EXECUTIVE OFFICER.—The term 

5 ‘‘Chief Executive Officer’’ means the chief executive 

6 officer of the Foundation appointed pursuant to sec7 tion 5(c). 

8 (4) FOUNDATION.—The term ‘‘Foundation’’ 

9 means the Senator Paul Simon Study Abroad Foun10 dation established by section 5(a). 

11 (5) INSTITUTION OF HIGHER EDUCATION.—The 

12 term ‘‘institution of higher education’’ has the 

13 meaning given the term in section 101(a) of the 

14 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

15 (6) NONTRADITIONAL STUDY ABROAD DESTINA16 TION.—The term ‘‘nontraditional study abroad des17 tination’’ means a location that is determined by the 

18 Foundation to be a less common destination for 

19 United States students who study abroad. 

20 (7) STUDY ABROAD.—The term ‘‘study abroad’’ 

21 means an educational program of study, work, re22 search, internship, or combination thereof that is 

23 conducted outside the United States and that carries 

24 academic credit toward fulfilling the participating 

25 student’s degree requirements. 


pwalker on PROD1PC71 with BILLS
8 

•S 991 IS

1 SEC. 5. ESTABLISHMENT AND MANAGEMENT OF THE SEN2 ATOR PAUL SIMON STUDY ABROAD FOUNDA3 TION. 

4 (a) ESTABLISHMENT.— 

5 (1) IN GENERAL.—There is established in the 

6 executive branch a corporation to be known as the 

7 ‘‘Senator Paul Simon Study Abroad Foundation’’ 

8 that shall be responsible for carrying out this Act 

9 under the authorities of the Mutual Educational and 

10 Cultural Exchange Act of 196l (22 U.S.C. 2451 et 

11 seq.). The Foundation shall be a government cor12 poration, as defined in section 103 of title 5, United 

13 States Code. 

14 (2) BOARD OF DIRECTORS.—The Foundation 

15 shall be governed by a Board of Directors chaired by 

16 the Secretary of State in accordance with subsection 

17 (d). 

18 (3) INTENT OF CONGRESS.—It is the intent of 

19 Congress in establishing the structure of the Foun20 dation set forth in this subsection to create an entity 

21 that will administer a study abroad program that— 

22 (A) serves the long-term foreign policy and 

23 national security needs of the United States; 

24 but 

25 (B) operates independently of short-term 

26 political and foreign policy considerations. 


pwalker on PROD1PC71 with BILLS
9 

•S 991 IS

1 (b) MANDATE OF FOUNDATION.—In administering 

2 the program referred to in subsection (a)(3), the Founda3 tion shall— 

4 (1) promote the objectives and purposes of this 

5 Act; 

6 (2) through responsive, flexible grant-making, 

7 promote access by students at diverse institutions of 

8 higher education, including two-year institutions, mi9 nority-serving institutions, and institutions that 

10 serve nontraditional students; 

11 (3) through creative grant-making, promote ac12 cess by diverse students, including minority stu13 dents, students of limited financial means, and non14 traditional students; 

15 (4) raise funds from the private sector to sup16 plement funds made available under this Act; and 

17 (5) be committed to minimizing administrative 

18 costs and to maximizing the availability of funds for 

19 grants under this Act. 

20 (c) CHIEF EXECUTIVE OFFICER.— 

21 (1) IN GENERAL.—There shall be in the Foun22 dation a Chief Executive Officer who shall be re23 sponsible for the management of the Foundation. 

24 (2) APPOINTMENT.—The Chief Executive Offi25 cer shall be appointed by the Board and shall be a 


pwalker on PROD1PC71 with BILLS
10 

•S 991 IS

1 recognized leader in higher education, business, or 

2 foreign policy, chosen on the basis of a rigorous 

3 search. 

4 (3) RELATIONSHIP TO BOARD.—The Chief Ex5 ecutive Officer shall report to and be under the di6 rect authority of the Board. 

7 (4) COMPENSATION AND RANK.— 

8 (A) IN GENERAL.—The Chief Executive 

9 Officer shall be compensated at the rate pro10 vided for level III of the Executive Schedule 

11 under section 5314 of title 5, United States 

12 Code, and shall have the equivalent rank of 

13 Deputy Secretary. 

14 (B) AMENDMENT.—Section 5314 of title 

15 5, United States Code, is amended by adding at 

16 the end the following: 

17 ‘‘Chief Executive Officer, Senator Paul Simon 

18 Study Abroad Foundation.’’. 

19 (5) AUTHORITIES AND DUTIES.—The Chief Ex20 ecutive Officer shall be responsible for the manage21 ment of the Foundation and shall exercise the pow22 ers and discharge the duties of the Foundation. 

23 (6) AUTHORITY TO APPOINT OFFICERS.—In 

24 consultation and with approval of the Board, the 


pwalker on PROD1PC71 with BILLS
11 

•S 991 IS

1 Chief Executive Officer shall appoint all officers of 

2 the Foundation. 

3 (d) BOARD OF DIRECTORS.— 

4 (1) ESTABLISHMENT.—There shall be in the 

5 Foundation a Board of Directors. 

6 (2) DUTIES.—The Board shall perform the 

7 functions specified to be carried out by the Board in 

8 this Act and may prescribe, amend, and repeal by9 laws, rules, regulations, and procedures governing 

10 the manner in which the business of the Foundation 

11 may be conducted and in which the powers granted 

12 to it by law may be exercised. 

13 (3) MEMBERSHIP.—The Board shall consist 

14 of— 

15 (A) the Secretary of State (or the Sec16 retary’s designee), the Secretary of Education 

17 (or the Secretary’s designee), the Secretary of 

18 Defense (or the Secretary’s designee), and the 

19 Administrator of the United States Agency for 

20 International Development (or the Administra21 tor’s designee); and 

22 (B) five other individuals with relevant ex23 perience in matters relating to study abroad 

24 (such as individuals who represent institutions 

25 of higher education, business organizations, forVerDate Aug 31 2005 18:14 Apr 02, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S991.IS S991

pwalker on PROD1PC71 with BILLS
12 

•S 991 IS

1 eign policy organizations, or other relevant or2 ganizations) who shall be appointed by the 

3 President, by and with the advice and consent 

4 of the Senate, of which— 

5 (i) one individual shall be appointed 

6 from among a list of individuals submitted 

7 by the majority leader of the House of 

8 Representatives; 

9 (ii) one individual shall be appointed 

10 from among a list of individuals submitted 

11 by the minority leader of the House of 

12 Representatives; 

13 (iii) one individual shall be appointed 

14 from among a list of individuals submitted 

15 by the majority leader of the Senate; and 

16 (iv) one individual shall be appointed 

17 from among a list of individuals submitted 

18 by the minority leader of the Senate. 

19 (4) CHIEF EXECUTIVE OFFICER.—The Chief 

20 Executive Officer of the Foundation shall serve as a 

21 nonvoting, ex officio member of the Board. 

22 (5) TERMS.— 

23 (A) OFFICERS OF THE FEDERAL GOVERN24 MENT.—Each member of the Board described 

25 in paragraph (3)(A) shall serve for a term that 


pwalker on PROD1PC71 with BILLS
13 

•S 991 IS

1 is concurrent with the term of service of the in2 dividual’s position as an officer within the other 

3 Federal department or agency. 

4 (B) OTHER MEMBERS.—Each member of 

5 the Board described in paragraph (3)(B) shall 

6 be appointed for a term of 3 years and may be 

7 reappointed for a term of an additional 3 years. 

8 (C) VACANCIES.—A vacancy in the Board 

9 shall be filled in the manner in which the origi10 nal appointment was made. 

11 (6) CHAIRPERSON.—There shall be a Chair12 person of the Board. The Secretary of State shall 

13 serve as the Chairperson. 

14 (7) QUORUM.—A majority of the members of 

15 the Board described in paragraph (3) shall con16 stitute a quorum, which, except with respect to a 

17 meeting of the Board during the 135-day period be18 ginning on the date of the enactment of this Act, 

19 shall include at least one member of the Board de20 scribed in paragraph (3)(B). 

21 (8) MEETINGS.—The Board shall meet at the 

22 call of the Chairperson. 

23 (9) COMPENSATION.— 

24 (A) OFFICERS OF THE FEDERAL GOVERN25 MENT.— 


pwalker on PROD1PC71 with BILLS
14 

•S 991 IS

1 (i) IN GENERAL.—A member of the 

2 Board described in paragraph (3)(A) may 

3 not receive additional pay, allowances, or 

4 benefits by reason of the member’s service 

5 on the Board. 

6 (ii) TRAVEL EXPENSES.—Each such 

7 member of the Board shall receive travel 

8 expenses, including per diem in lieu of sub9 sistence, in accordance with applicable pro10 visions under subchapter I of chapter 57 of 

11 title 5, United States Code. 

12 (B) OTHER MEMBERS.— 

13 (i) IN GENERAL.—Except as provided 

14 in clause (ii), a member of the Board de15 scribed in paragraph (3)(B)— 

16 (I) shall be paid compensation 

17 out of funds made available for the 

18 purposes of this Act at the daily 

19 equivalent of the highest rate payable 

20 under section 5332 of title 5, United 

21 States Code, for each day (including 

22 travel time) during which the member 

23 is engaged in the actual performance 

24 of duties as a member of the Board; 

25 and 


pwalker on PROD1PC71 with BILLS
15 

•S 991 IS

1 (II) while away from the mem2 ber’s home or regular place of busi3 ness on necessary travel in the actual 

4 performance of duties as a member of 

5 the Board, shall be paid per diem, 

6 travel, and transportation expenses in 

7 the same manner as is provided under 

8 subchapter I of chapter 57 of title 5, 

9 United States Code. 

10 (ii) LIMITATION.—A member of the 

11 Board may not be paid compensation 

12 under clause (i)(II) for more than 90 days 

13 in any calendar year. 

14 SEC. 6. ESTABLISHMENT AND OPERATION OF PROGRAM. 

15 (a) ESTABLISHMENT OF THE PROGRAM.—There is 

16 hereby established a program, which shall— 

17 (1) be administered by the Foundation; and 

18 (2) award grants to— 

19 (A) individuals for study abroad; 

20 (B) nongovernmental institutions that pro21 vide and promote study abroad opportunities, in 

22 consortium with institutions described in sub23 paragraph (C); and 

24 (C) institutions of higher education, indi25 vidually or in consortium, 


pwalker on PROD1PC71 with BILLS
16 

•S 991 IS

1 in order to accomplish the objectives set forth in 

2 subsection (b). 

3 (b) OBJECTIVES.—The objectives of the program es4 tablished under subsection (a) are that, within 10 years 

5 of the date of the enactment of this Act— 

6 (1) not less than one million undergraduate stu7 dents in United States institutions of higher edu8 cation will study abroad annually for credit; 

9 (2) the demographics of study-abroad participa10 tion will reflect the demographics of the United 

11 States undergraduate population; and 

12 (3) an increasing portion of study abroad will 

13 take place in nontraditional study abroad destina14 tions, with a substantial portion of such increases 

15 taking place in developing countries. 

16 (c) MANDATE OF THE PROGRAM.—In order to ac17 complish the objectives set forth in subsection (b), the 

18 Foundation shall, in administering the program estab19 lished under subsection (a), take fully into account the rec20 ommendations of the Commission on the Abraham Lincoln 

21 Study Abroad Fellowship Program (established pursuant 

22 to section 104 of the Miscellaneous Appropriations and 

23 Offsets Act, 2004 (division H of Public Law 108–199)). 

24 (d) STRUCTURE OF GRANTS.—In accordance with 

25 the recommendations of the Commission on the Abraham 


pwalker on PROD1PC71 with BILLS
17 

•S 991 IS

1 Lincoln Study Abroad Fellowship Program, grants award2 ed under the program established under subsection (a) 

3 shall be structured to the maximum extent practicable to 

4 promote appropriate reforms in institutions of higher edu5 cation in order to remove barriers to participation by stu6 dents in study abroad. 

7 (e) BALANCE OF LONG-TERM AND SHORT-TERM

8 STUDY ABROAD PROGRAMS.—In administering the pro9 gram established under subsection (a), the Foundation 

10 shall seek an appropriate balance between— 

11 (1) longer-term study abroad programs, which 

12 maximize foreign-language learning and intercultural 

13 understanding; and 

14 (2) shorter-term study abroad programs, which 

15 maximize the accessibility of study abroad to non16 traditional students. 

17 SEC. 7. ANNUAL REPORT. 

18 Not later than March 31, 2008, and each March 31 

19 thereafter, the Foundation shall submit to Congress a re20 port on the implementation of this Act during the prior 

21 fiscal year. 

22 SEC. 8. POWERS OF THE FOUNDATION; RELATED PROVI23 SIONS. 

24 (a) POWERS.—The Foundation— 


pwalker on PROD1PC71 with BILLS
18 

•S 991 IS

1 (1) shall have perpetual succession unless dis2 solved by a law enacted after the date of the enact3 ment of this Act; 

4 (2) may adopt, alter, and use a seal, which shall 

5 be judicially noticed; 

6 (3) may make and perform such contracts, 

7 grants, and other agreements with any person or 

8 government however designated and wherever situ9 ated, as may be necessary for carrying out the func10 tions of the Foundation; 

11 (4) may determine and prescribe the manner in 

12 which its obligations shall be incurred and its ex13 penses allowed and paid, including expenses for rep14 resentation; 

15 (5) may lease, purchase, or otherwise acquire, 

16 improve, and use such real property wherever situ17 ated, as may be necessary for carrying out the func18 tions of the Foundation; 

19 (6) may accept cash gifts or donations of serv20 ices or of property (real, personal, or mixed), tan21 gible or intangible, for the purpose of carrying out 

22 the provisions of this Act; 

23 (7) may use the United States mails in the 

24 same manner and on the same conditions as the ex25 ecutive departments; 


pwalker on PROD1PC71 with BILLS
19 

•S 991 IS

1 (8) may contract with individuals for personal 

2 services, who shall not be considered Federal em3 ployees for any provision of law administered by the 

4 Office of Personnel Management; 

5 (9) may hire or obtain passenger motor vehi6 cles; and 

7 (10) shall have such other powers as may be 

8 necessary and incident to carrying out this Act. 

9 (b) PRINCIPAL OFFICE.—The Foundation shall 

10 maintain its principal office in the metropolitan area of 

11 Washington, District of Columbia. 

12 (c) APPLICABILITY OF GOVERNMENT CORPORATION

13 CONTROL ACT.— 

14 (1) IN GENERAL.—The Foundation shall be 

15 subject to chapter 91 of subtitle VI of title 31, 

16 United States Code, except that the Foundation 

17 shall not be authorized to issue obligations or offer 

18 obligations to the public. 

19 (2) CONFORMING AMENDMENT.—Section 

20 9101(3) of title 31, United States Code, is amended 

21 by adding at the end the following: 

22 ‘‘(R) the Senator Paul Simon Study 

23 Abroad Foundation.’’. 

24 (d) INSPECTOR GENERAL.— 


pwalker on PROD1PC71 with BILLS
20 

•S 991 IS

1 (1) IN GENERAL.—The Inspector General of 

2 the Department of State shall serve as Inspector 

3 General of the Foundation, and, in acting in such 

4 capacity, may conduct reviews, investigations, and 

5 inspections of all aspects of the operations and ac6 tivities of the Foundation. 

7 (2) AUTHORITY OF THE BOARD.—In carrying 

8 out the responsibilities under this subsection, the In9 spector General shall report to and be under the 

10 general supervision of the Board. 

11 (3) REIMBURSEMENT AND AUTHORIZATION OF

12 SERVICES.— 

13 (A) REIMBURSEMENT.—The Foundation 

14 shall reimburse the Department of State for all 

15 expenses incurred by the Inspector General in 

16 connection with the Inspector General’s respon17 sibilities under this subsection. 

18 (B) AUTHORIZATION FOR SERVICES.—Of 

19 the amount authorized to be appropriated 

20 under section 10(a) for a fiscal year, up to 

21 $2,000,000 is authorized to be made available 

22 to the Inspector General of the Department of 

23 State to conduct reviews, investigations, and in24 spections of operations and activities of the 

25 Foundation. 


pwalker on PROD1PC71 with BILLS
21 

•S 991 IS

1 SEC. 9. GENERAL PERSONNEL AUTHORITIES. 

2 (a) DETAIL OF PERSONNEL.—Upon request of the 

3 Chief Executive Officer, the head of an agency may detail 

4 any employee of such agency to the Foundation on a reim5 bursable basis. Any employee so detailed remains, for the 

6 purpose of preserving such employee’s allowances, privi7 leges, rights, seniority, and other benefits, an employee of 

8 the agency from which detailed. 

9 (b) REEMPLOYMENT RIGHTS.— 

10 (1) IN GENERAL.—An employee of an agency 

11 who is serving under a career or career conditional 

12 appointment (or the equivalent), and who, with the 

13 consent of the head of such agency, transfers to the 

14 Foundation, is entitled to be reemployed in such em15 ployee’s former position or a position of like senior16 ity, status, and pay in such agency, if such em17 ployee— 

18 (A) is separated from the Foundation for 

19 any reason, other than misconduct, neglect of 

20 duty, or malfeasance; and 

21 (B) applies for reemployment not later 

22 than 90 days after the date of separation from 

23 the Foundation. 

24 (2) SPECIFIC RIGHTS.—An employee who satis25 fies paragraph (1) is entitled to be reemployed (in 

26 accordance with such paragraph) within 30 days 


pwalker on PROD1PC71 with BILLS
22 

•S 991 IS

1 after applying for reemployment and, on reemploy2 ment, is entitled to at least the rate of basic pay to 

3 which such employee would have been entitled had 

4 such employee never transferred. 

5 (c) HIRING AUTHORITY.—Of persons employed by 

6 the Foundation, not to exceed 30 persons may be ap7 pointed, compensated, or removed without regard to the 

8 civil service laws and regulations. 

9 (d) BASIC PAY.—The Chief Executive Officer may fix 

10 the rate of basic pay of employees of the Foundation with11 out regard to the provisions of chapter 51 of title 5, 

12 United States Code (relating to the classification of posi13 tions), subchapter III of chapter 53 of such title (relating 

14 to General Schedule pay rates), except that no employee 

15 of the Foundation may receive a rate of basic pay that 

16 exceeds the rate for level IV of the Executive Schedule 

17 under section 5315 of such title. 

18 (e) DEFINITIONS.—In this section— 

19 (1) the term ‘‘agency’’ means an executive 

20 agency, as defined by section 105 of title 5, United 

21 States Code; and 

22 (2) the term ‘‘detail’’ means the assignment or 

23 loan of an employee, without a change of position, 

24 from the agency by which such employee is employed 

25 to the Foundation. 


pwalker on PROD1PC71 with BILLS
23 

•S 991 IS

1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

3 are authorized to be appropriated to carry out this Act 

4 $80,000,000 for fiscal year 2008 and each subsequent fis5 cal year. 

6 (b) ALLOCATION OF FUNDS.— 

7 (1) IN GENERAL.—The Foundation may allo8 cate or transfer to any agency of the United States 

9 Government any of the funds available for carrying 

10 out this Act. Such funds shall be available for obli11 gation and expenditure for the purposes for which 

12 the funds were authorized, in accordance with au13 thority granted in this Act or under authority gov14 erning the activities of the United States Govern15 ment agency to which such funds are allocated or 

16 transferred. 

17 (2) NOTIFICATION.—The Foundation shall no18 tify the appropriate congressional committees not 

19 less than 15 days prior to an allocation or transfer 

20 of funds pursuant to paragraph (1). 

Æ 


pwalker on PROD1PC71 with BILLS