II 

Calendar No. 592 

110TH CONGRESS 

2D SESSION H. R. 1469 

[Report No. 110–272] 

IN THE SENATE OF THE UNITED STATES 

JUNE 7, 2007 

Received; read twice and referred to the Committee on Foreign Relations 

MARCH 4, 2008 

Reported by Mr. BIDEN, with amendments and an amendment to the title 

[Omit the part struck through and insert the part printed in italic] 

AN ACT 

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: 


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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 Lincoln Commission has sub18 mitted to Congress and the President a report of its 

19 recommendations for greatly expanding the oppor20 tunity for students at institutions of higher edu21 cation in the United States to study abroad, with 

22 special emphasis on studying in developing nations. 

23 (4) According to the Lincoln Commission, 

24 ‘‘[s]tudy abroad is one of the major means of pro25 ducing foreign language speakers and enhancing forVerDate Aug 31 2005 00:33 Mar 05, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1469.RS H1469

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1 eign language learning’’ and, for that reason, ‘‘is 

2 simply essential to the [N]ation’s security’’. 

3 (5) Studies consistently show that United 

4 States students score below their counterparts in 

5 other advanced countries on indicators of inter6 national knowledge. This lack of global literacy is a 

7 national liability in an age of global trade and busi8 ness, global interdependence, and global terror. 

9 (6) Americans believe that it is important for 

10 their children to learn other languages, study 

11 abroad, attend a college where they can interact with 

12 international students, learn about other countries 

13 and cultures, and generally be prepared for the glob14 al age. 

15 (7) In today’s world, it is more important than 

16 ever for the United States to be a responsible, con17 structive leader that other countries are willing to 

18 follow. Such leadership cannot be sustained without 

19 an informed citizenry with significant knowledge and 

20 awareness of the world. 

21 (8) Study abroad has proven to be a very effec22 tive means of imparting international and foreign23 language competency to students. 


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1 (9) In any given year, only approximately one 

2 percent of all students enrolled in United States in3 stitutions of higher education study abroad. 

4 (10) Less than 10 percent of the students who 

5 graduate from United States institutions of higher 

6 education with bachelors degrees have studied 

7 abroad. 

8 (11) Far more study abroad must take place in 

9 developing countries. Ninety-five percent of the 

10 world’s population growth over the next 50 years 

11 will occur outside of Europe. Yet in the academic 

12 year 2004–2005, 60 percent of United States stu13 dents studying abroad studied in Europe, and 45 

14 percent studied in four countries—the United King15 dom, Italy, Spain, and France—according to the In16 stitute of International Education. 

17 (12) The Final Report of the National Commis18 sion on Terrorist Attacks Upon the United States 

19 (The 9/11 Commission Report) recommended that 

20 the United States increase support for ‘‘scholarship, 

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

22 Discourse Project, successor to the 9/11 Commis23 sion, noted in its November 14, 2005, status report 

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

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


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1 scholarship and exchange programs, our most power2 ful tool to shape attitudes over the course of a gen3 eration.’’. In its December 5, 2005, Final Report on 

4 the 9/11 Commission Recommendations, the 9/11 

5 Public Discourse Project gave the government a 

6 grade of ‘‘D’’ for its implementation of this rec7 ommendation. 

8 (13) Investing in a national study abroad pro9 gram would help turn a grade of ‘‘D’’ into an ‘‘A’’ 

10 by equipping United States students to communicate 

11 United States values and way of life through the 

12 unique dialogue that takes place among citizens 

13 from around the world when individuals study 

14 abroad. 

15 (14) An enhanced national study abroad pro16 gram could help further the goals of other United 

17 States Government initiatives to promote edu18 cational, social, and political reform and the status 

19 of women in developing and reforming societies 

20 around the world, such as the Middle East Partner21 ship Initiative. 

22 (15) To complement such worthwhile Federal 

23 programs and initiatives as the Benjamin A. Gilman 

24 International Scholarship Program, the National Se25 curity Education Program, and the National SecuVerDate Aug 31 2005 00:33 Mar 05, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1469.RS H1469

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1 rity Language Initiative, a broad-based under2 graduate study abroad program is needed that will 

3 make many more study abroad opportunities acces4 sible to all undergraduate students, regardless of 

5 their field of study, ethnicity, socio-economic status, 

6 or gender. 

7 SEC. 3. PURPOSES. 

8 The purposes of this Act are— 

9 (1) to significantly enhance the global competi10 tiveness and international knowledge base of the 

11 United States by ensuring that more United States 

12 students have the opportunity to acquire foreign lan13 guage skills and international knowledge through 

14 significantly expanded study abroad; 

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

16 United States by significantly expanding and diversi17 fying the talent pool of individuals with non-tradi18 tional foreign language skills and cultural knowledge 

19 in the United States who are available for recruit20 ment by United States foreign affairs agencies, leg21 islative branch agencies, and nongovernmental orga22 nizations involved in foreign affairs activities; 

23 (3) to ensure that an increasing portion of 

24 study abroad by United States students will take 

25 place in nontraditional study abroad destinations 


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

2 the Middle East region, and developing countries; 

3 and 

4 (4) to create greater cultural understanding of 

5 the United States by exposing foreign students and 

6 their families to United States students in countries 

7 that have not traditionally hosted large numbers of 

8 United States students. 

9 SEC. 4. DEFINITIONS. 

10 In this Act: 

11 (1) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘‘appropriate congressional com13 mittees’’ means— 

14 (A) the Committee on Foreign Affairs and 

15 the Committee on Appropriations of the House 

16 of Representatives; and 

17 (B) the Committee on Foreign Relations 

18 and the Committee on Appropriations of the 

19 Senate. 

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

21 Board of Directors of the Foundation established 

22 pursuant to section 5(d). 

23 (3) CHIEF EXECUTIVE OFFICER.—The term 

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


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1 officer of the Foundation appointed pursuant to sec2 tion 5(c). 

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

4 means the Senator Paul Simon Study Abroad Foun5 dation established by section 5(a). 

6 (5) INSTITUTION OF HIGHER EDUCATION.—The 

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

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

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

10 (6) NATIONAL OF THE UNITED STATES.—The 

11 term ‘‘national of the United States’’ means a na12 tional of the United States or an alien lawfully ad13 mitted for permanent residence (as those terms are 

14 defined in section 101 of the Immigration and Na15 tionality Act (8 U.S.C. 1101)). 

16 (6)(7) NONTRADITIONAL STUDY ABROAD DES17 TINATION.—The term ‘‘nontraditional study abroad 

18 destination’’ means a location that is determined by 

19 the Foundation to be a less common destination for 

20 United States students who study abroad. 

21 (7)(8) STUDY ABROAD.—The term ‘‘study 

22 abroad’’ means an educational program of study, 

23 work, research, internship, or combination thereof 

24 that is conducted outside the United States and that 


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1 carries academic credit toward fulfilling the partici2 pating student’s degree requirements. 

3 (8)(9) UNITED STATES.—The term ‘‘United 

4 States’’ means any of the several States, the District 

5 of Columbia, Puerto Rico, the Northern Mariana Is6 lands, the Virgin Islands, Guam, American Samoa, 

7 and any other territory or possession of the United 

8 States. 

9 (9)(10) UNITED STATES STUDENT.—The term 

10 ‘‘United States student’’ means a national of the 

11 United States who is enrolled at an institution of 

12 higher education located within the United States. 

13 SEC. 5. ESTABLISHMENT AND MANAGEMENT OF THE SEN14 ATOR PAUL SIMON STUDY ABROAD FOUNDA15 TION. 

16 (a) ESTABLISHMENT.— 

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

18 executive branch a corporation to be known as the 

19 ‘‘Senator Paul Simon Study Abroad Foundation’’ 

20 that shall be responsible for carrying out this Act 

21 under the authorities of the Mutual Educational and 

22 Cultural Exchange Act of 1961 (22 U.S.C. 2451 et 

23 seq.). The Foundation shall be a government cor24 poration, as defined in section 103 of title 5, United 

25 States Code. 


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1 (2) BOARD OF DIRECTORS.—The Foundation 

2 shall be governed by a Board of Directors chaired by 

3 the Secretary of State (or the Secretary’s designee) 

4 in accordance with subsection (d). 

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

6 Congress in establishing the structure of the Foun7 dation set forth in this subsection to create an entity 

8 that will administer a study abroad program that— 

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

10 national security needs of the United States; 

11 but 

12 (B) operates independently of short-term 

13 political and foreign policy considerations. 

14 (b) MANDATE OF FOUNDATION.—In administering 

15 the program referred to in subsection (a)(3), the Founda16 tion shall— 

17 (1) promote the objectives and purposes of this 

18 Act; 

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

20 promote access to study abroad opportunities by 

21 United States students at diverse institutions of 

22 higher education, including two-year institutions, mi23 nority-serving institutions, and institutions that 

24 serve nontraditional students; 


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1 (3) through creative grant-making, promote ac2 cess to study abroad opportunities by diverse United 

3 States students, including minority students, stu4 dents of limited financial means, and nontraditional 

5 students; 

6 (4) raise solicit funds from the private sector to 

7 supplement funds made available under this Act; 

8 and 

9 (5) be committed to minimizing administrative 

10 costs and to maximizing minimize administrative 

11 costs and maximize the availability of funds for 

12 grants under this Act. 

13 (c) CHIEF EXECUTIVE OFFICER.— 

14 (1) IN GENERAL.—There shall be in the Foun15 dation a Chief Executive Officer who shall be re16 sponsible for the management of the Foundation. 

17 (2) APPOINTMENT.—The Chief Executive Offi18 cer shall be appointed by the Board and shall be a 

19 recognized leader in higher education, business, or 

20 foreign policy, chosen on the basis of a rigorous 

21 search. 

22 (3) RELATIONSHIP TO BOARD.—The Chief Ex23 ecutive Officer shall report to and be under the di24 rect authority of the Board. 

25 (4) COMPENSATION AND RANK.— 


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1 (A) IN GENERAL.—The Chief Executive 

2 Officer shall be compensated at the rate pro3 vided for level III level IV of the Executive 

4 Schedule under section 5314 of title 5, United 

5 States Code. 

6 (B) AMENDMENT.—Section 5314 of title 

7 5, United States Code, is amended by adding at 

8 the end the following: 

9 ‘‘Chief Executive Officer, Senator Paul Simon 

10 Study Abroad Foundation.’’. 

11 (5) AUTHORITIES AND DUTIES.—The Chief Ex12 ecutive Officer shall be responsible for the manage13 ment of the Foundation and shall exercise the pow14 ers and discharge the duties of the Foundation. 

15 (6) AUTHORITY TO APPOINT OFFICERS.—In 

16 consultation and with approval of the Board, the 

17 Chief Executive Officer shall appoint all officers of 

18 the Foundation. 

19 (d) BOARD OF DIRECTORS.— 

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

21 Foundation a Board of Directors. 

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

23 functions specified to be carried out by the Board in 

24 this Act and may prescribe, amend, and repeal by25 laws, rules, regulations, and procedures governing 


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1 the manner in which the business of the Foundation 

2 may be conducted and in which the powers granted 

3 to it by law may be exercised. 

4 (3) MEMBERSHIP.—The Board shall consist 

5 of— 

6 (A) the Secretary of State (or the Sec7 retary’s designee), the Secretary of Education 

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

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

10 Administrator of the United States Agency for 

11 International Development (or the Administra12 tor’s designee); and 

13 (B) five other individuals with relevant ex14 perience in matters relating to study abroad 

15 (such as individuals who represent institutions 

16 of higher education, business organizations, for17 eign policy organizations, or other relevant or18 ganizations) who shall be appointed by the 

19 President, by and with the advice and consent 

20 of the Senate, of which— 

21 (i) one individual shall be appointed 

22 from among a list of individuals submitted 

23 by the majority leader of the House of 

24 Representatives; 


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1 (ii) one individual shall be appointed 

2 from among a list of individuals submitted 

3 by the minority leader of the House of 

4 Representatives; 

5 (iii) one individual shall be appointed 

6 from among a list of individuals submitted 

7 by the majority leader of the Senate; and 

8 (iv) one individual shall be appointed 

9 from among a list of individuals submitted 

10 by the minority leader of the Senate. 

11 (4) CHIEF EXECUTIVE OFFICER.—The Chief 

12 Executive Officer of the Foundation shall serve as a 

13 nonvoting, ex officio member of the Board. 

14 (5) TERMS.— 

15 (A) OFFICERS OF THE FEDERAL GOVERN16 MENT.—Each member of the Board described 

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

18 is concurrent with the term of service of the in19 dividual’s position as an officer within the other 

20 Federal department or agency. 

21 (B) OTHER MEMBERS.—Each member of 

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

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

24 reappointed for a term of an additional 3 years 

25 one additional 3 year term. 


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

2 shall be filled in the manner in which the origi3 nal appointment was made. 

4 (6) CHAIRPERSON.—There shall be a Chair5 person of the Board. The Secretary of State (or the 

6 Secretary’s designee) shall serve as the Chairperson. 

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

8 the Board described in paragraph (3) shall con9 stitute a quorum, which, except with respect to a 

10 meeting of the Board during the 135-day period be11 ginning on the date of the enactment of this Act, 

12 shall include at least one member of the Board de13 scribed in paragraph (3)(B). 

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

15 call of the Chairperson. 

16 (9) COMPENSATION.— 

17 (A) OFFICERS OF THE FEDERAL GOVERN18 MENT.— 

19 (i) IN GENERAL.—A member of the 

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

21 not receive additional pay, allowances, or 

22 benefits by reason of the member’s service 

23 on the Board. 

24 (ii) TRAVEL EXPENSES.—Each such 

25 member of the Board shall receive travel 


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1 expenses, including per diem in lieu of sub2 sistence, in accordance with applicable pro3 visions under subchapter I of chapter 57 of 

4 title 5, United States Code. 

5 (B) OTHER MEMBERS.— 

6 (i) IN GENERAL.—Except as provided 

7 in clause (ii), a member of the Board de8 scribed in paragraph (3)(B) while away 

9 from the member’s home or regular place 

10 of business on necessary travel in the ac11 tual performance of duties as a member of 

12 the Board, shall be paid per diem, travel, 

13 and transportation expenses in the same 

14 manner as is provided under subchapter I 

15 of chapter 57 of title 5, United States 

16 Code. 

17 (ii) LIMITATION.—A member of the 

18 Board may not be paid compensation 

19 under clause (i) for more than 90 days in 

20 any calendar year. 

21 SEC. 6. ESTABLISHMENT AND OPERATION OF PROGRAM. 

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

23 hereby established a program, which shall— 

24 (1) be administered by the Foundation; and 

25 (2) award grants to— 


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1 (A) United States students for study 

2 abroad; 

3 (B) nongovernmental institutions that pro4 vide and promote study abroad opportunities 

5 for United States students, in consortium with 

6 institutions described in subparagraph (C); and 

7 (c) (C) institutions of higher education, in8 dividually or in consortium, 

9 in order to accomplish the objectives set forth in 

10 subsection (b). 

11 (b) OBJECTIVES.—The objectives of the program es12 tablished under subsection (a) are that, within 10 years 

13 of the date of the enactment of this Act— 

14 (1) not less than one million undergraduate 

15 United States students will study abroad annually 

16 for credit; 

17 (2) the demographics of study-abroad participa18 tion will reflect the demographics of the United 

19 States undergraduate population, including students 

20 enrolled in community colleges, minority-serving in21 stitutions, and institutions serving large numbers of 

22 low-income and first-generation students; and 

23 (3) an increasing portion of study abroad will 

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1 tions, with a substantial portion of such increases 

2 taking place in developing countries. 

3 (c) MANDATE OF THE PROGRAM.—In order to ac4 complish the objectives set forth in subsection (b), the 

5 Foundation shall, in administering the program estab6 lished under subsection (a), take fully into account the rec7 ommendations of the Commission on the Abraham Lincoln 

8 Study Abroad Fellowship Program (established pursuant 

9 to section 104 of the Miscellaneous Appropriations and 

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

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

12 the recommendations of the Commission on the Abraham 

13 Lincoln Study Abroad Fellowship Program, grants award14 ed under the program established under subsection (a) 

15 shall be structured to the maximum extent practicable to 

16 promote appropriate reforms in institutions of higher edu17 cation in order to remove barriers to participation by stu18 dents in study abroad. 

19 (d) STRUCTURE OF GRANTS.— 

20 (1) PROMOTING REFORM.—In accordance with 

21 the recommendations of the Commission on the Abra22 ham Lincoln Study Abroad Fellowship Program, 

23 grants awarded under the program established under 

24 subsection (a) shall be structured to the maximum ex25 tent practicable to promote appropriate reforms in 


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1 institutions of higher education in order to remove 

2 barriers to participation by students in study abroad. 

3 (2) GRANTS TO INDIVIDUALS AND INSTITU4 TIONS.—It is the sense of Congress that— 

5 (A) the Foundation should award not more 

6 than 25 percent of the funds awarded as grants 

7 to individuals described in subparagraph (A) of 

8 subsection (a)(2) and not less than 75 percent of 

9 such funds to institutions described in subpara10 graphs (B) and (C) of such subsection; and 

11 (B) the Foundation should ensure that not 

12 less than 85 percent of the amount awarded to 

13 such institutions is used to award scholarships to 

14 students. 

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

16 STUDY ABROAD PROGRAMS.—In administering the pro17 gram established under subsection (a), the Foundation 

18 shall seek an appropriate balance between— 

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

20 maximize foreign-language learning and intercultural 

21 understanding; and 

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

23 maximize the accessibility of study abroad to non24 traditional students. 


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1 (f) QUALITY AND SAFETY IN STUDY ABROAD.—In 

2 administering the program established under subsection 

3 (a), the Foundation shall require that institutions receiv4 ing grants demonstrate that— 

5 (1) the study abroad programs for which stu6 dents receive grant funds are for academic credit; 

7 and 

8 (2) the programs have established health and 

9 safety guidelines and procedures. 

10 SEC. 7. ANNUAL REPORT. 

11 (a) REPORT REQUIRED.—Not later than March 31, 

12 2008, and each March 31 thereafter December 15, 2008, 

13 and each December 15 thereafter, the Foundation shall sub14 mit to the appropriate congressional committees a report 

15 on the implementation of this Act during the prior fiscal 

16 year. 

17 (b) CONTENTS.—The report required by subsection 

18 (a) shall include— 

19 (1) the total financial resources available to the 

20 Foundation during the year, including appropriated 

21 funds, the value and source of any gifts or donations 

22 accepted pursuant to section 8(a)(6), and any other 

23 resources; 

24 (2) a description of the Board’s policy priorities 

25 for the year and the bases upon which competitive 


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1 grant proposals were solicited and awarded to insti2 tutions of higher education, nongovernmental insti3 tutions, and consortiums pursuant to section 

4 6(a)(2)(B) and 6(a)(2)(C); 

5 (3) a list of grants made to institutions of high6 er education, nongovernmental institutions, and con7 sortiums pursuant to section 6(a)(2)(B) and 

8 6(a)(2)(C) that includes the identity of the institu9 tional recipient, the dollar amount, and the , the es10 timated number of study abroad opportunities pro11 vided to United States students by each grant, the 

12 amount of the grant used by each institution for ad13 ministrative expenses, and information on cost-shar14 ing by each institution receiving a grant; 

15 (4) a description of the bases upon which the 

16 Foundation made grants directly to United States 

17 students pursuant to section 6(a)(2)(A); 

18 (5) the number and total dollar amount of 

19 grants made directly to United States students by 

20 the Foundation pursuant to section 6(a)(2)(A); and 

21 (6) the total administrative and operating ex22 penses of the Foundation for the year, as well as 

23 specific information on— 

24 (A) the number of Foundation employees 

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1 bers, Foundation employees, and personal serv2 ice contractors; 

3 (B) costs associated with securing the use 

4 of real property for carrying out the functions 

5 of the Foundation; 

6 (C) total travel expenses incurred by Board 

7 members and Foundation employees in connec8 tion with Foundation activities; and 

9 (D) total representational expenses. 

10 SEC. 8. POWERS OF THE FOUNDATION; RELATED PROVI11 SIONS. 

12 (a) POWERS.—The Foundation— 

13 (1) shall have perpetual succession unless dis14 solved by a law enacted after the date of the enact15 ment of this Act; 

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

17 be judicially noticed; 

18 (3) may make and perform such contracts, 

19 grants, and other agreements with any person or 

20 government however designated and wherever situ21 ated, as may be necessary for carrying out the func22 tions of the Foundation; 

23 (4) may determine and prescribe the manner in 

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1 penses allowed and paid, including expenses for rep2 resentation; 

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

4 improve, and use such real property wherever situ5 ated, as may be necessary for carrying out the func6 tions of the Foundation; 

7 (6) may accept cash gifts or donations of serv8 ices or of property (real, personal, or mixed), tan9 gible or intangible, for the purpose of carrying out 

10 the provisions of this Act; 

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

12 same manner and on the same conditions as the ex13 ecutive departments; 

14 (8) may contract with individuals for personal 

15 services, who shall not be considered Federal em16 ployees for any provision of law administered by the 

17 Office of Personnel Management; 

18 (9) may hire or obtain passenger motor vehi19 cles; and 

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

21 necessary and incident to carrying out this Act. 

22 (b) PRINCIPAL OFFICE.—The Foundation shall 

23 maintain its principal office in the metropolitan area of 

24 Washington, District of Columbia. 


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1 (c) APPLICABILITY OF GOVERNMENT CORPORATION

2 CONTROL ACT.— 

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

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

5 United States Code, except that the Foundation 

6 shall not be authorized to issue obligations or offer 

7 obligations to the public. 

8 (2) CONFORMING AMENDMENT.—Section 

9 9101(3) of title 31, United States Code, is amended 

10 by adding at the end the following: 

11 ‘‘(R) the Senator Paul Simon Study 

12 Abroad Foundation.’’. 

13 (d) INSPECTOR GENERAL.— 

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

15 the Department of State shall serve as Inspector 

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

17 capacity, may conduct reviews, investigations, and 

18 inspections of all aspects of the operations and ac19 tivities of the Foundation. 

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

21 out the responsibilities under this subsection, the In22 spector General shall report to and be under the 

23 general supervision of the Board. 

24 (3) REIMBURSEMENT AND AUTHORIZATION OF

25 SERVICES.— 


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1 (A) REIMBURSEMENT.—The Foundation 

2 shall reimburse the Department of State for all 

3 expenses incurred by the Inspector General in 

4 connection with the Inspector General’s respon5 sibilities under this subsection. 

6 (B) AUTHORIZATION FOR SERVICES.—Of 

7 the amount authorized to be appropriated 

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

9 $2,000,000 is authorized to be made available 

10 to the Inspector General of the Department of 

11 State to conduct reviews, investigations, and in12 spections of operations and activities of the 

13 Foundation. 

14 SEC. 9. GENERAL PERSONNEL AUTHORITIES. 

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

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

17 any employee of such agency to the Foundation on a reim18 bursable basis. Any employee so detailed remains, for the 

19 purpose of preserving such employee’s allowances, privi20 leges, rights, seniority, and other benefits, an employee of 

21 the agency from which detailed. 

22 (b) REEMPLOYMENT RIGHTS.— 

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

24 who is serving under a career or career conditional 

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


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

2 Foundation, is entitled to be reemployed in such em3 ployee’s former position or a position of like senior4 ity, status, and pay in such agency, if such em5 ployee— 

6 (A) is separated from the Foundation for 

7 any reason, other than misconduct, neglect of 

8 duty, or malfeasance; and 

9 (B) applies for reemployment not later 

10 than 90 days after the date of separation from 

11 the Foundation. 

12 (2) SPECIFIC RIGHTS.—An employee who satis13 fies paragraph (1) is entitled to be reemployed (in 

14 accordance with such paragraph) within 30 days 

15 after applying for reemployment and, on reemploy16 ment, is entitled to at least the rate of basic pay to 

17 which such employee would have been entitled had 

18 such employee never transferred. 

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

20 the Foundation, not to exceed 30 persons 20 persons may 

21 be appointed, compensated, or removed without regard to 

22 the civil service laws and regulations. 

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

24 the rate of basic pay of employees of the Foundation with25 out regard to the provisions of chapter 51 of title 5, 


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1 United States Code (relating to the classification of posi2 tions), subchapter III of chapter 53 of such title (relating 

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

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

5 exceeds the rate for level IV of the Executive Schedule 

6 under section 5315 of such title. 

7 (e) DEFINITIONS.—In this section— 

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

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

10 States Code; and 

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

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

13 from the agency by which such employee is employed 

14 to the Foundation. 

15 SEC. 10. GAO REVIEW. 

16 (a) REVIEW REQUIRED.—Not later than two years 

17 after the date of the enactment of this Act, the Comptroller 

18 General of the United States shall commence a review of 

19 the operations of the Foundation. 

20 (b) CONTENT.—In conducting the review required 

21 under subsection (a), the Comptroller General shall ana22 lyze— 

23 (1) whether the Foundation is organized and op24 erating in a manner that will permit it to fulfill the 

25 purposes of this Act, as set forth in section 3; 


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1 (2) the degree to which the Foundation is oper2 ating efficiently and in a manner consistent with the 

3 requirements of paragraphs (4) and (5) of section 

4 5(b); 

5 (3) whether grantmaking by the Foundation is 

6 being undertaken in a manner consistent with sub7 sections (d), (e), and (f) of section 6; 

8 (4) the extent to which the Foundation is using 

9 best practices in the implementation of this Act and 

10 the administration of the program described in sec11 tion 6; and 

12 (5) other relevant matters, as determined by the 

13 Comptroller General, after consultation with the ap14 propriate congressional committees. 

15 (c) REPORT REQUIRED.—The Comptroller General 

16 shall submit a report on the results of the review conducted 

17 under subsection (a) to the Secretary of State (in the capac18 ity of the Secretary as Chairperson of the Board of the 

19 Foundation) and to the appropriate congressional commit20 tees. 

21 SEC. 1011. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) IN GENERAL.—There are authorized to be 

24 appropriated to carry out this Act $80,000,000 for 

25 fiscal year 2008 and each subsequent fiscal year. 


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1 (2) AMOUNTS IN ADDITION TO OTHER AVAIL2 ABLE AMOUNTS.—Amounts authorized to be appro3 priated by paragraph (1) are in addition to amounts 

4 authorized to be appropriated or otherwise made 

5 available for educational exchange programs, includ6 ing the J. William Fulbright Educational Exchange 

7 Program and the Benjamin A. Gilman International 

8 Scholarship Program, administered by the Bureau of 

9 Educational and Cultural Affairs of the Department 

10 of State. 

11 (b) ALLOCATION OF FUNDS.— 

12 (1) IN GENERAL.—The Foundation may allo13 cate or transfer to any agency of the United States 

14 Government any of the funds available for carrying 

15 out this Act. Such funds shall be available for obli16 gation and expenditure for the purposes for which 

17 the funds were authorized, in accordance with au18 thority granted in this Act or under authority gov19 erning the activities of the United States Govern20 ment agency to which such funds are allocated or 

21 transferred. 

22 (2) NOTIFICATION.—The Foundation shall no23 tify the appropriate congressional committees not 

24 less than 15 days prior to an allocation or transfer 

25 of funds pursuant to paragraph (1). 


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Amend the title so as to read: ‘‘An Act to establish 

the Senator Paul Simon Study Abroad Foundation.’’. 


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Calendar No. 592 

110TH CONGRESS 

2D SESSION H. R. 1469 

[Report No. 110

–272] 

AN ACT 

To establish the Senator Paul Simon Study Abroad 

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

MARCH 4, 2008 

Reported with amendments and an amendment to the 

title 


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