I

103D CONGRESS

1ST SESSION H. R. 1351

To establish the Mike Mansfield Fellowship Program for intensive training

in the Japanese language, government, politics, and economy.

IN THE HOUSE OF REPRESENTATIVES

MARCH 16, 1993

Mr. HAMILTON (for himself, Mr. BEREUTER, and Mr. WILLIAMS) introduced

the following bill; which was referred to the Committee on Foreign Affairs

A BILL

To establish the Mike Mansfield Fellowship Program for

intensive training in the Japanese language, government,

politics, and economy.

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 ‘‘Mike Mansfield Fellow5 ship Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) because Senator Mike Mansfield served his

9 country with distinction and has had a lasting im10 pact on America’s relationship with Japan during
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1 his tenure in the Senate and later as the United

2 States Ambassador to Japan, it is a fitting tribute

3 to establish in his name the following Fellowship for

4 promising officials of the Federal Government;

5 (2) Japan is America’s second largest trading

6 partner, the second biggest investor in the United

7 States, and America’s most serious economic com8 petitor;

9 (3) despite the challenge and importance of

10 Japan to the United States, few Americans speak

11 Japanese or understand how the country and its

12 government work; and

13 (4) key agencies of the United States Govern14 ment involved in United States-Japan relations often

15 lack sufficient personnel versed in the functioning of

16 the Japanese policymaking apparatus.

17 SEC. 3. PURPOSES.

18 The purposes of this Act are—

19 (1) to enable the United States Government to

20 respond more effectively to the Japanese challenge;

21 and

22 (2) to provide officials from any branch of the

23 United States Government with intensive Japanese

24 language training and placement as a Fellow in the

25 Government of Japan.
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1 SEC. 4. DEFINITIONS.

2 For purposes of this Act—

3 (1) the term ‘‘agency of the United States Gov4 ernment’’ includes any agency of the legislative

5 branch and any court of the judicial branch as well

6 as any agency of the executive branch;

7 (2) the term ‘‘agency head’’ means—

8 (A) in the case of the executive branch of

9 Government or an agency of the legislative

10 branch other than the House of Representatives

11 or the Senate, the head of the respective agen12 cy;

13 (B) in the case of the judicial branch of

14 Government, the chief judge of the respective

15 court;

16 (C) in the case of the Senate, the Presi17 dent pro tempore, in consultation with the Ma18 jority Leader and Minority Leader of the Sen19 ate; and

20 (D) in the case of the House of Represent21 atives, the Speaker of the House, in consulta22 tion with the Majority Leader and Minority

23 Leader of the House;

24 (3) the term ‘‘Board’’ means the Mike Mans25 field Fellowship Review Board; and
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1 (4) the term ‘‘Center’’ means the Mansfield

2 Center for Pacific Affairs.

3 SEC. 5. ESTABLISHMENT OF FELLOWSHIP PROGRAM.

4 (a) ESTABLISHMENT.—(1) There is hereby estab5 lished the ‘‘Mike Mansfield Fellowship Program’’ pursu6 ant to which the Director of the United States Informa7 tion Agency will make grants to the Mansfield Center for

8 Pacific Affairs to award fellowships to eligible United

9 States citizens for periods of 2 years each (or, pursuant

10 to section 7(5)(C), for such shorter period of time as the

11 Center may determine based on a Fellow’s level of pro12 ficiency in the Japanese language or knowledge of the po13 litical economy of Japan) as follows:

14 (A) During the first year each fellowship recipi15 ent will study the Japanese language as well as Ja16 pan’s political economy.

17 (B) During the second year each fellowship re18 cipient will serve as a Fellow in a parliamentary of19 fice, ministry, or other agency of the Government of

20 Japan or, subject to the approval of the Center, a

21 nongovernmental Japanese institution associated

22 with the interests of the fellowship recipient, consist23 ent with the purposes of this Act.
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1 (2) Fellowships under this Act may be known as

2 ‘‘Mansfield Fellowships’’, and individuals awarded such

3 fellowships may be known as ‘‘Mansfield Fellows’’.

4 (b) ELIGIBILITY OF CENTER FOR GRANTS.—Grants

5 may be made to the Center under this section only if the

6 Center agrees to comply with the requirements of section

7 7.

8 (c) INTERNATIONAL AGREEMENT.—As the program

9 established under this section can succeed only with the

10 full and willing cooperation of the Government of Japan,

11 the Director of the United States Information Agency

12 should enter into negotiations for an agreement with the

13 Government of Japan for the purpose of placing Fellows

14 in the Government of Japan.

15 (d) USE OF FEDERAL FACILITIES.—The Foreign

16 Service Institute is authorized and encouraged to assist,

17 on a reimbursable basis, in carrying out Japanese lan18 guage training by the Center through the provision of

19 classroom space, teaching materials, and facilities, to the

20 extent that such provision is not detrimental to the Insti21 tute’s carrying out its other responsibilities under law.

22 SEC. 6. FUNDING.

23 (a) PRIVATE SOURCES.—The Center is authorized to

24 accept, use, and dispose of gifts or donations of services

25 or property in carrying out the fellowship program, subject
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1 to the review and approval of the Board described in sec2 tion 9.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to the United States In5 formation Agency—

6 (1) for fiscal year 1994, $1,213,000,

7 (2) for fiscal year 1995, $2,289,000,

8 (3) for fiscal year 1996, $2,403,000, and

9 (4) for fiscal year 1997, $1,553,000,

10 to fund three two-year classes of Fellows to carry out this

11 Act.

12 SEC. 7. PROGRAM REQUIREMENTS.

13 The program established under this Act shall comply

14 with the following requirements:

15 (1) United States citizens who are eligible for

16 fellowships under this Act shall be employees of the

17 Federal Government having at least two years expe18 rience in any branch of the Government, a strong

19 career interest in United States-Japan relations, and

20 a demonstrated commitment to further service in the

21 Federal Government.

22 (2) Not less than 10 fellowships shall be award23 ed each year.

24 (3) Mansfield Fellows shall agree—
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1 (A) to maintain satisfactory progress in

2 language training and appropriate behavior in

3 Japan, as determined by the Center, as a condi4 tion of continued receipt of Federal funds; and

5 (B) to return to the Federal Government

6 for further employment for a period of at least

7 2 years following the end of their fellowships,

8 unless, in the determination of the Center, the

9 Fellow is unable (for reasons beyond the Fel10 low’s control and after receiving assistance from

11 the Center as provided in paragraph (8)) to

12 find reemployment for such period.

13 (4) During the period of the fellowship, the

14 Center shall provide each Mansfield Fellow—

15 (A) a stipend at a rate of pay equal to the

16 rate of pay that individual was receiving when

17 he or she entered the program, plus a cost-of18 living adjustment calculated at the same rate of

19 pay, and for the same period of time, for which

20 such adjustments were made to the salaries of

21 individuals occupying competitive positions in

22 the civil service during the same period as the

23 fellowship; and

24 (B) certain allowances and benefits as that

25 individual would have been entitled to, but for
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1 his or her separation from Government service,

2 as a United States Government civilian em3 ployee overseas under the Standardized Regula4 tions (Government Civilians, Foreign Areas) of

5 the Department of State, as follows: a living

6 quarters allowance to cover the cost of housing

7 in Japan, a post allowance to cover the signifi8 cantly higher costs of living in Japan, a tem9 porary quarters subsistence allowance for up to

10 7 days for Fellows unable to find housing im11 mediately upon arrival in Japan, an education

12 allowance to assist parents in providing their

13 children with educational services ordinarily

14 provided without charge by United States pub15 lic schools, moving expenses of up to $3,000 for

16 personal belongings of Fellows and their fami17 lies in their move to Japan and up to $500 for

18 Fellows residing outside the Washington, D.C.

19 area in moving to the Washington, D.C. area,

20 and one-round-trip economy-class airline ticket

21 to Japan for each Fellow and the Fellow’s im22 mediate family.

23 (5)(A) For the first year of each fellowship, the

24 Center shall provide Fellows with intensive Japanese
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1 language training in the Washington, D.C., area, as

2 well as courses in the political economy of Japan.

3 (B) Such training shall be of the same quality

4 as training provided to Foreign Service officers be5 fore they are assigned to Japan.

6 (C) The Center may waive any or all of the

7 training required by subparagraph (A) to the extent

8 that a Fellow has Japanese language skills or knowl9 edge of Japan’s political economy, and the 2 year

10 fellowship period shall be shortened to the extent

11 such training is less than one year.

12 (6) Any Mansfield Fellow not complying with

13 the requirements of this section shall reimburse the

14 United States Information Agency for the Federal

15 funds expended for the Fellow’s participation in the

16 fellowship, together with interest on such funds (cal17 culated at the prevailing rate), as follows:

18 (A) Full reimbursement for noncompliance

19 with paragraph (3)(A) or (9); and

20 (B) pro rata reimbursement for noncompli21 ance with paragraph (3)(B) for any period the

22 Fellow is reemployed by the Federal Govern23 ment that is less than the period specified in

24 paragraph (3)(B), at a rate equal to the

25 amount the Fellow received during the final
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1 year of the fellowship for the same period of

2 time, including any allowances and benefits pro3 vided under paragraph (4).

4 (7) The Center shall select Mansfield Fellows

5 based solely on merit. The Center shall make posi6 tive efforts to recruit candidates reflecting the cul7 tural, racial, and ethnic diversity of the United

8 States.

9 (8) The Center shall assist any Mansfield Fel10 low in finding employment in the Federal Govern11 ment if such Fellow was not able, at the end of the

12 fellowship, to be reemployed in the agency from

13 which he or she separated to become a Fellow.

14 (9) No Mansfield Fellow may engage in any in15 telligence or intelligence-related activity on behalf of

16 the United States Government.

17 (10) The accounts of the Center shall be au18 dited annually in accordance with generally accepted

19 auditing standards by independent certified public

20 accountants or independent licensed public account21 ants, certified or licensed by a regulatory authority

22 of a State or other political subdivision of the United

23 States. The audit shall be conducted at the place or

24 places where the accounts of the Center are normally

25 kept. All books, accounts, financial records, files,
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1 and other papers, things, and property belonging to

2 or in use by the Center and necessary to facilitate

3 the audit shall be made available to the person or

4 persons conducting the audit, and full facilities for

5 verifying transactions with the balances or securities

6 held by depositories, fiscal agents, and custodians

7 shall be afforded to such person or persons.

8 (11) The Center shall provide a report of the

9 audit to the Board no later than six months follow10 ing the close of the fiscal year for which the audit

11 is made. The report shall set forth the scope of the

12 audit and include such statements, together with the

13 independent auditor’s opinion of those statements,

14 as are necessary to present fairly the Center’s assets

15 and liabilities, surplus or deficit, with reasonable de16 tail, including a statement of the Center’s income

17 and expenses during the year, including a schedule

18 of all contracts and grants requiring payments in ex19 cess of $5,000 and any payments of compensation,

20 salaries, or fees at a rate in excess of $5,000 per

21 year. The report shall be produced in sufficient cop22 ies for the public.
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1 SEC. 8. SEPARATION OF GOVERNMENT PERSONNEL DUR2 ING THE FELLOWSHIPS.

3 (a) SEPARATION.—Under such terms and conditions

4 as the agency head may direct, any agency of the United

5 States Government may separate from Government serv6 ice for a specified period any officer or employee of that

7 agency who accepts a fellowship under the program estab8 lished by this Act.

9 (b) REEMPLOYMENT.—Any Mansfield Fellow, at the

10 end of the fellowship, is entitled to be reemployed in the

11 same manner as if covered by section 3582 of title 5, Unit12 ed States Code.

13 (c) RIGHTS AND BENEFITS.—Notwithstanding sec14 tion 8347(o), 8713, or 8914 of title 5, United States Code,

15 and in accordance with regulations of the Office of Person16 nel Management, an employee, while serving as a Mans17 field Fellow, is entitled to the same rights and benefits

18 as if covered by section 3582 of title 5, United States

19 Code. The Center shall reimburse the employing agency

20 for any costs incurred under section 3582 of title 5, Unit21 ed States Code.

22 (d) COMPLIANCE WITH BUDGET ACT.—Funds are

23 available under this section to the extent and in the

24 amounts provided in appropriation Acts.
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1 SEC. 9. MANSFIELD FELLOWSHIP REVIEW BOARD.

2 (a) ESTABLISHMENT.—There is hereby established

3 the Mansfield Fellowship Review Board.

4 (b) COMPOSITION.—The Board shall be composed of

5 11 individuals, as follows:

6 (1) The Secretary of State, or the Secretary’s

7 designee.

8 (2) The Secretary of Defense, or the Sec9 retary’s designee.

10 (3) The Secretary of the Treasury, or the Sec11 retary’s designee.

12 (4) The Secretary of Commerce, or the Sec13 retary’s designee.

14 (5) The United States Trade Representative, or

15 the Trade Representative’s designee.

16 (6) The Chief Justice of the United States, or

17 the Chief Justice’s designee.

18 (7) The Majority Leader of the Senate, or the

19 Majority Leader’s designee.

20 (8) The Minority Leader of the Senate, or the

21 Minority Leader’s designee.

22 (9) The Speaker of the House of Representa23 tives, or the Speaker’s designee.

24 (10) The Minority Leader of the House of Rep25 resentatives, or the Minority Leader’s designee.
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1 (11) The Director of the United States Infor2 mation Agency, who shall serve as the chairperson of

3 the Board, or the Director’s designee.

4 (c) FUNCTIONS.—(1) The Board shall review the ad5 ministration of the program assisted under this Act.

6 (2)(A) Each year at the time of the submission of

7 the President’s budget request to the Congress, the Board

8 shall submit to the President and the Congress a report

9 completed by the Center with the approval of the Board

10 on the conduct of the program during the preceding year.

11 (B) Each such report shall contain—

12 (i) an analysis of the assistance provided under

13 the program for the previous fiscal year and the na14 ture of the assistance provided;

15 (ii) an analysis of the performance of the indi16 viduals who received assistance under the program

17 during the previous fiscal year, including the degree

18 to which assistance was terminated under the pro19 gram and the extent to which individual recipients

20 failed to meet their obligations under the program;

21 and

22 (iii) an analysis of the results of the program

23 for the previous fiscal year, including, at a mini24 mum, the cumulative percentage of individuals who

25 received assistance under the program who subse-
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1 quently became employees of the United States Gov2 ernment and, in the case of individuals who did not

3 subsequently become employees of the United States

4 Government, an analysis of the reasons why they did

5 not become employees and an explanation as to what

6 use, if any, was made of the assistance given to

7 those recipients.

8 (d) COMPENSATION.—Members of the Board shall

9 not be paid compensation for services performed on the

10 Board.

11 (e) AVAILABILITY OF SUPPORT STAFF.—The Direc12 tor of the United States Information Agency is authorized

13 to provide for necessary secretarial and staff assistance

14 for the Board.

15 (f) RELATIONSHIP TO FEDERAL ADVISORY COMMIT16 TEE ACT.—The Federal Advisory Committee Act shall not

17 apply to the Board to the extent that the provisions of

18 this section are inconsistent therewith.

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