I 

110TH CONGRESS 

1ST SESSION H. R. 1469 

To establish the Senator Paul Simon Study Abroad Foundation under the 

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

IN THE HOUSE OF REPRESENTATIVES 

MARCH 12, 2007 

Mr. LANTOS (for himself and Ms. ROS-LEHTINEN) introduced the following 

bill; which was referred to the Committee on Foreign Affairs 

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: 

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

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

10 our commitment to educate and prepare our youth 

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1 for active engagement in the international commu2 nity.’’. 

3 (2) According to former President William J. 

4 Clinton, ‘‘Today, the defense of United States inter5 ests, the effective management of global issues, and 

6 even an understanding of our Nation’s diversity re7 quire ever-greater contact with, and understanding 

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

9 (3) Congress authorized the establishment of 

10 the Commission on the Abraham Lincoln Study 

11 Abroad Fellowship Program pursuant to section 104 

12 of the Miscellaneous Appropriations and Offsets Act, 

13 2004 (division H of Public Law 108–199). Pursuant 

14 to its mandate, the Lincoln Commission has sub15 mitted to Congress and the President a report of its 

16 recommendations for greatly expanding the oppor17 tunity for students at institutions of higher edu18 cation in the United States to study abroad, with 

19 special emphasis on studying in developing nations. 

20 (4) According to the Lincoln Commission, 

21 ‘‘[s]tudy abroad is one of the major means of pro22 ducing foreign language speakers and enhancing for23 eign language learning’’ and, for that reason, ‘‘is 

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

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1 (5) Studies consistently show that United 

2 States students score below their counterparts in 

3 other advanced countries on indicators of inter4 national knowledge. This lack of global literacy is a 

5 national liability in an age of global trade and busi6 ness, global interdependence, and global terror. 

7 (6) Americans believe that it is important for 

8 their children to learn other languages, study 

9 abroad, attend a college where they can interact with 

10 international students, learn about other countries 

11 and cultures, and generally be prepared for the glob12 al age. 

13 (7) 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 significant knowledge and 

18 awareness of the world. 

19 (8) Study abroad has proven to be a very effec20 tive means of imparting international and foreign21 language competency to students. 

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

23 percent of all students enrolled in United States in24 stitutions of higher education study abroad. 

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1 (10) 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 (11) Far more study abroad must take place in 

6 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 (12) 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 

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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 (13) 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 (14) An enhanced national study abroad pro13 gram could help further the goals of other United 

14 States Government initiatives to promote edu15 cational, social, and political reform and the status 

16 of women in developing and reforming societies 

17 around the world, such as the Middle East Partner18 ship Initiative. 

19 SEC. 3. PURPOSES. 

20 The purposes of this Act are— 

21 (1) to significantly enhance the global competi22 tiveness and international knowledge base of the 

23 United States by ensuring that more United States 

24 students have the opportunity to acquire foreign lanmstockstill on PROD1PC66 with BILLS

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1 guage skills and international knowledge through 

2 significantly expanded study abroad; 

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

4 United States by significantly expanding and diversi5 fying the talent pool of individuals with non-tradi6 tional foreign language skills and cultural knowledge 

7 in the United States who are available for recruit8 ment by United States foreign affairs agencies, leg9 islative branch agencies, and nongovernmental orga10 nizations involved in foreign affairs activities; 

11 (3) to ensure that an increasing portion of 

12 study abroad by United States students will take 

13 place in nontraditional study abroad destinations 

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

15 the Middle East region, and developing countries; 

16 and 

17 (4) to create greater cultural understanding of 

18 the United States by exposing foreign students and 

19 their families to United States students in countries 

20 that have not traditionally hosted large numbers of 

21 United States students. 

22 SEC. 4. DEFINITIONS. 

23 In this Act: 

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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Foreign Affairs and 

5 the Committee on Appropriations of the House 

6 of Representatives; and 

7 (B) the Committee on Foreign Relations 

8 and the Committee on Appropriations of the 

9 Senate. 

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

11 Board of Directors of the Foundation established 

12 pursuant to section 5(d). 

13 (3) CHIEF EXECUTIVE OFFICER.—The term 

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

15 officer of the Foundation appointed pursuant to sec16 tion 5(c). 

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

18 means the Senator Paul Simon Study Abroad Foun19 dation established by section 5(a). 

20 (5) INSTITUTION OF HIGHER EDUCATION.—The 

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

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

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

24 (6) NONTRADITIONAL STUDY ABROAD DESTINA25 TION.—The term ‘‘nontraditional study abroad desmstockstill on PROD1PC66 with BILLS

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1 tination’’ means a location that is determined by the 

2 Foundation to be a less common destination for 

3 United States students who study abroad. 

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

5 means an educational program of study, work, re6 search, internship, or combination thereof that is 

7 conducted outside the United States and that carries 

8 academic credit toward fulfilling the participating 

9 student’s degree requirements. 

10 (8) UNITED STATES.—The term ‘‘United 

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

12 of Columbia, Puerto Rico, the Northern Mariana Is13 lands, the Virgin Islands, Guam, American Samoa, 

14 and any other territory or possession of the United 

15 States. 

16 (9) UNITED STATES STUDENT.—The term 

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

18 United States who is enrolled at an institution of 

19 higher education located within the United States. 

20 SEC. 5. ESTABLISHMENT AND MANAGEMENT OF THE SEN21 ATOR PAUL SIMON STUDY ABROAD FOUNDA22 TION. 

23 (a) ESTABLISHMENT.— 

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

25 executive branch a corporation to be known as the 

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1 ‘‘Senator Paul Simon Study Abroad Foundation’’ 

2 that shall be responsible for carrying out this Act 

3 under the authorities of the Mutual Educational and 

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

5 seq.). The Foundation shall be a government cor6 poration, as defined in section 103 of title 5, United 

7 States Code. 

8 (2) BOARD OF DIRECTORS.—The Foundation 

9 shall be governed by a Board of Directors chaired by 

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

11 in accordance with subsection (d). 

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

13 Congress in establishing the structure of the Foun14 dation set forth in this subsection to create an entity 

15 that will administer a study abroad program that— 

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

17 national security needs of the United States; 

18 but 

19 (B) operates independently of short-term 

20 political and foreign policy considerations. 

21 (b) MANDATE OF FOUNDATION.—In administering 

22 the program referred to in subsection (a)(3), the Founda23 tion shall— 

24 (1) promote the objectives and purposes of this 

25 Act; 

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

2 promote access to study abroad opportunities by 

3 United States students at diverse institutions of 

4 higher education, including two-year institutions, mi5 nority-serving institutions, and institutions that 

6 serve nontraditional students; 

7 (3) through creative grant-making, promote ac8 cess to study abroad opportunities by diverse United 

9 States students, including minority students, stu10 dents of limited financial means, and nontraditional 

11 students; 

12 (4) raise funds from the private sector to sup13 plement funds made available under this Act; and 

14 (5) be committed to minimizing administrative 

15 costs and to maximizing the availability of funds for 

16 grants under this Act. 

17 (c) CHIEF EXECUTIVE OFFICER.— 

18 (1) IN GENERAL.—There shall be in the Foun19 dation a Chief Executive Officer who shall be re20 sponsible for the management of the Foundation. 

21 (2) APPOINTMENT.—The Chief Executive Offi22 cer shall be appointed by the Board and shall be a 

23 recognized leader in higher education, business, or 

24 foreign policy, chosen on the basis of a rigorous 

25 search. 

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1 (3) RELATIONSHIP TO BOARD.—The Chief Ex2 ecutive Officer shall report to and be under the di3 rect authority of the Board. 

4 (4) COMPENSATION AND RANK.— 

5 (A) IN GENERAL.—The Chief Executive 

6 Officer shall be compensated at the rate pro7 vided for level III of the Executive Schedule 

8 under section 5314 of title 5, United States 

9 Code. 

10 (B) AMENDMENT.—Section 5314 of title 

11 5, United States Code, is amended by adding at 

12 the end the following: 

13 ‘‘Chief Executive Officer, Senator Paul Simon 

14 Study Abroad Foundation.’’. 

15 (5) AUTHORITIES AND DUTIES.—The Chief Ex16 ecutive Officer shall be responsible for the manage17 ment of the Foundation and shall exercise the pow18 ers and discharge the duties of the Foundation. 

19 (6) AUTHORITY TO APPOINT OFFICERS.—In 

20 consultation and with approval of the Board, the 

21 Chief Executive Officer shall appoint all officers of 

22 the Foundation. 

23 (d) BOARD OF DIRECTORS.— 

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

25 Foundation a Board of Directors. 

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

2 functions specified to be carried out by the Board in 

3 this Act and may prescribe, amend, and repeal by4 laws, rules, regulations, and procedures governing 

5 the manner in which the business of the Foundation 

6 may be conducted and in which the powers granted 

7 to it by law may be exercised. 

8 (3) MEMBERSHIP.—The Board shall consist 

9 of— 

10 (A) the Secretary of State (or the Sec11 retary’s designee), the Secretary of Education 

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

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

14 Administrator of the United States Agency for 

15 International Development (or the Administra16 tor’s designee); and 

17 (B) five other individuals with relevant ex18 perience in matters relating to study abroad 

19 (such as individuals who represent institutions 

20 of higher education, business organizations, for21 eign policy organizations, or other relevant or22 ganizations) who shall be appointed by the 

23 President, by and with the advice and consent 

24 of the Senate, of which— 

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1 (i) one individual shall be appointed 

2 from among a list of individuals submitted 

3 by the majority leader of the House of 

4 Representatives; 

5 (ii) one individual shall be appointed 

6 from among a list of individuals submitted 

7 by the minority leader of the House of 

8 Representatives; 

9 (iii) one individual shall be appointed 

10 from among a list of individuals submitted 

11 by the majority leader of the Senate; and 

12 (iv) one individual shall be appointed 

13 from among a list of individuals submitted 

14 by the minority leader of the Senate. 

15 (4) CHIEF EXECUTIVE OFFICER.—The Chief 

16 Executive Officer of the Foundation shall serve as a 

17 nonvoting, ex officio member of the Board. 

18 (5) TERMS.— 

19 (A) OFFICERS OF THE FEDERAL GOVERN20 MENT.—Each member of the Board described 

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

22 is concurrent with the term of service of the in23 dividual’s position as an officer within the other 

24 Federal department or agency. 

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1 (B) OTHER MEMBERS.—Each member of 

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

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

4 reappointed for a term of an additional 3 years. 

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

6 shall be filled in the manner in which the origi7 nal appointment was made. 

8 (6) CHAIRPERSON.—There shall be a Chair9 person of the Board. The Secretary of State (or the 

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

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

12 the Board described in paragraph (3) shall con13 stitute a quorum, which, except with respect to a 

14 meeting of the Board during the 135-day period be15 ginning on the date of the enactment of this Act, 

16 shall include at least one member of the Board de17 scribed in paragraph (3)(B). 

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

19 call of the Chairperson. 

20 (9) COMPENSATION.— 

21 (A) OFFICERS OF THE FEDERAL GOVERN22 MENT.— 

23 (i) IN GENERAL.—A member of the 

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

25 not receive additional pay, allowances, or 

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1 benefits by reason of the member’s service 

2 on the Board. 

3 (ii) TRAVEL EXPENSES.—Each such 

4 member of the Board shall receive travel 

5 expenses, including per diem in lieu of sub6 sistence, in accordance with applicable pro7 visions under subchapter I of chapter 57 of 

8 title 5, United States Code. 

9 (B) OTHER MEMBERS.— 

10 (i) IN GENERAL.—Except as provided 

11 in clause (ii), a member of the Board de12 scribed in paragraph (3)(B)— 

13 (I) shall be paid compensation 

14 out of funds made available for the 

15 purposes of this Act at the daily 

16 equivalent of the highest rate payable 

17 under section 5332 of title 5, United 

18 States Code, for each day (including 

19 travel time) during which the member 

20 is engaged in the actual performance 

21 of duties as a member of the Board; 

22 and 

23 (II) while away from the mem24 ber’s home or regular place of busi25 ness on necessary travel in the actual 

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1 performance of duties as a member of 

2 the Board, shall be paid per diem, 

3 travel, and transportation expenses in 

4 the same manner as is provided under 

5 subchapter I of chapter 57 of title 5, 

6 United States Code. 

7 (ii) LIMITATION.—A member of the 

8 Board may not be paid compensation 

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

10 in any calendar year. 

11 SEC. 6. ESTABLISHMENT AND OPERATION OF PROGRAM. 

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

13 hereby established a program, which shall— 

14 (1) be administered by the Foundation; and 

15 (2) award grants to— 

16 (A) United States students for study 

17 abroad; 

18 (B) nongovernmental institutions that pro19 vide and promote study abroad opportunities 

20 for United States students, in consortium with 

21 institutions described in subparagraph (C); and 

22 (C) institutions of higher education, indi23 vidually or in consortium, 

24 in order to accomplish the objectives set forth in 

25 subsection (b). 

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1 (b) OBJECTIVES.—The objectives of the program es2 tablished under subsection (a) are that, within 10 years 

3 of the date of the enactment of this Act— 

4 (1) not less than one million undergraduate 

5 United States students will study abroad annually 

6 for credit; 

7 (2) the demographics of study-abroad participa8 tion will reflect the demographics of the United 

9 States undergraduate population, including students 

10 enrolled in community colleges, minority-serving in11 stitutions, and institutions serving large numbers of 

12 low-income and first-generation students; and 

13 (3) an increasing portion of study abroad will 

14 take place in nontraditional study abroad destina15 tions, with a substantial portion of such increases 

16 taking place in developing countries. 

17 (c) MANDATE OF THE PROGRAM.—In order to ac18 complish the objectives set forth in subsection (b), the 

19 Foundation shall, in administering the program estab20 lished under subsection (a), take fully into account the rec21 ommendations of the Commission on the Abraham Lincoln 

22 Study Abroad Fellowship Program (established pursuant 

23 to section 104 of the Miscellaneous Appropriations and 

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

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

2 the recommendations of the Commission on the Abraham 

3 Lincoln Study Abroad Fellowship Program, grants award4 ed under the program established under subsection (a) 

5 shall be structured to the maximum extent practicable to 

6 promote appropriate reforms in institutions of higher edu7 cation in order to remove barriers to participation by stu8 dents in study abroad. 

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

10 STUDY ABROAD PROGRAMS.—In administering the pro11 gram established under subsection (a), the Foundation 

12 shall seek an appropriate balance between— 

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

14 maximize foreign-language learning and intercultural 

15 understanding; and 

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

17 maximize the accessibility of study abroad to non18 traditional students. 

19 SEC. 7. ANNUAL REPORT. 

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

21 2008, and each March 31 thereafter, the Foundation shall 

22 submit to the appropriate congressional committees a re23 port on the implementation of this Act during the prior 

24 fiscal year. 

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

2 (a) shall include— 

3 (1) the total financial resources available to the 

4 Foundation during the year, including appropriated 

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

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

7 resources; 

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

9 for the year and the bases upon which competitive 

10 grant proposals were solicited and awarded to insti11 tutions of higher education, nongovernmental insti12 tutions, and consortiums pursuant to section 

13 6(a)(2)(B) and 6(a)(2)(C); 

14 (3) a list of grants made to institutions of high15 er education, nongovernmental institutions, and con16 sortiums pursuant to section 6(a)(2)(B) and 

17 6(a)(2)(C) that includes the identity of the institu18 tional recipient, the dollar amount, and the esti19 mated number of study abroad opportunities pro20 vided to United States students by each grant; 

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

22 Foundation made grants directly to United States 

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

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1 (5) the number and total dollar amount of 

2 grants made directly to United States students by 

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

4 (6) the total administrative and operating ex5 penses of the Foundation for the year, as well as 

6 specific information on— 

7 (A) the number of Foundation employees 

8 and the cost of compensation for Board mem9 bers, Foundation employees, and personal serv10 ice contractors; 

11 (B) costs associated with securing the use 

12 of real property for carrying out the functions 

13 of the Foundation; 

14 (C) total travel expenses incurred by Board 

15 members and Foundation employees in connec16 tion with Foundation activities; and 

17 (D) total representational expenses. 

18 SEC. 8. POWERS OF THE FOUNDATION; RELATED PROVI19 SIONS. 

20 (a) POWERS.—The Foundation— 

21 (1) shall have perpetual succession unless dis22 solved by a law enacted after the date of the enact23 ment of this Act; 

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

25 be judicially noticed; 

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1 (3) may make and perform such contracts, 

2 grants, and other agreements with any person or 

3 government however designated and wherever situ4 ated, as may be necessary for carrying out the func5 tions of the Foundation; 

6 (4) may determine and prescribe the manner in 

7 which its obligations shall be incurred and its ex8 penses allowed and paid, including expenses for rep9 resentation; 

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

11 improve, and use such real property wherever situ12 ated, as may be necessary for carrying out the func13 tions of the Foundation; 

14 (6) may accept cash gifts or donations of serv15 ices or of property (real, personal, or mixed), tan16 gible or intangible, for the purpose of carrying out 

17 the provisions of this Act; 

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

19 same manner and on the same conditions as the ex20 ecutive departments; 

21 (8) may contract with individuals for personal 

22 services, who shall not be considered Federal em23 ployees for any provision of law administered by the 

24 Office of Personnel Management; 

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1 (9) may hire or obtain passenger motor vehi2 cles; and 

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

4 necessary and incident to carrying out this Act. 

5 (b) PRINCIPAL OFFICE.—The Foundation shall 

6 maintain its principal office in the metropolitan area of 

7 Washington, District of Columbia. 

8 (c) APPLICABILITY OF GOVERNMENT CORPORATION

9 CONTROL ACT.— 

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

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

12 United States Code, except that the Foundation 

13 shall not be authorized to issue obligations or offer 

14 obligations to the public. 

15 (2) CONFORMING AMENDMENT.—Section 

16 9101(3) of title 31, United States Code, is amended 

17 by adding at the end the following: 

18 ‘‘(R) the Senator Paul Simon Study 

19 Abroad Foundation.’’. 

20 (d) INSPECTOR GENERAL.— 

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

22 the Department of State shall serve as Inspector 

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

24 capacity, may conduct reviews, investigations, and 

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1 inspections of all aspects of the operations and ac2 tivities of the Foundation. 

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

4 out the responsibilities under this subsection, the In5 spector General shall report to and be under the 

6 general supervision of the Board. 

7 (3) REIMBURSEMENT AND AUTHORIZATION OF

8 SERVICES.— 

9 (A) REIMBURSEMENT.—The Foundation 

10 shall reimburse the Department of State for all 

11 expenses incurred by the Inspector General in 

12 connection with the Inspector General’s respon13 sibilities under this subsection. 

14 (B) AUTHORIZATION FOR SERVICES.—Of 

15 the amount authorized to be appropriated 

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

17 $2,000,000 is authorized to be made available 

18 to the Inspector General of the Department of 

19 State to conduct reviews, investigations, and in20 spections of operations and activities of the 

21 Foundation. 

22 SEC. 9. GENERAL PERSONNEL AUTHORITIES. 

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

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

25 any employee of such agency to the Foundation on a reimmstockstill on PROD1PC66 with BILLS

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1 bursable basis. Any employee so detailed remains, for the 

2 purpose of preserving such employee’s allowances, privi3 leges, rights, seniority, and other benefits, an employee of 

4 the agency from which detailed. 

5 (b) REEMPLOYMENT RIGHTS.— 

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

7 who is serving under a career or career conditional 

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

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

10 Foundation, is entitled to be reemployed in such em11 ployee’s former position or a position of like senior12 ity, status, and pay in such agency, if such em13 ployee— 

14 (A) is separated from the Foundation for 

15 any reason, other than misconduct, neglect of 

16 duty, or malfeasance; and 

17 (B) applies for reemployment not later 

18 than 90 days after the date of separation from 

19 the Foundation. 

20 (2) SPECIFIC RIGHTS.—An employee who satis21 fies paragraph (1) is entitled to be reemployed (in 

22 accordance with such paragraph) within 30 days 

23 after applying for reemployment and, on reemploy24 ment, is entitled to at least the rate of basic pay to 

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1 which such employee would have been entitled had 

2 such employee never transferred. 

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

4 the Foundation, not to exceed 30 persons may be ap5 pointed, compensated, or removed without regard to the 

6 civil service laws and regulations. 

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

8 the rate of basic pay of employees of the Foundation with9 out regard to the provisions of chapter 51 of title 5, 

10 United States Code (relating to the classification of posi11 tions), subchapter III of chapter 53 of such title (relating 

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

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

14 exceeds the rate for level IV of the Executive Schedule 

15 under section 5315 of such title. 

16 (e) DEFINITIONS.—In this section— 

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

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

19 States Code; and 

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

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

22 from the agency by which such employee is employed 

23 to the Foundation. 

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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 

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