I
106TH CONGRESS
2D SESSION
H. R. 5581
To carry out an international fellowship program between the United States
and Vietnam to enable Vietnamese nationals to pursue advanced studies
in science, mathematics, medicine, and technology; to enable United
States citizens to teach in those fields in Vietnam; and to promote
reconciliation between the two countries.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 26, 2000
Mr. GEORGE MILLER of California (for himself and Mr. EVANS) introduced
the following bill; which was referred to the Committee on International
Relations
A BILL
To carry out an international fellowship program between
the United States and Vietnam to enable Vietnamese
nationals to pursue advanced studies in science, mathe-
matics, medicine, and technology; to enable United States
citizens to teach in those fields in Vietnam; and to pro-
mote reconciliation between the two countries.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Vietnam Education
Foundation Act of 2000’’.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To establish an international fellowship pro-
gram under which—
(A) Vietnamese nationals can undertake
graduate and post-graduate level studies in the
sciences (natural, physical, and environmental),
mathematics, medicine, and technology (includ-
ing information technology); and
(B) United States citizens can teach in the
fields specified in subparagraph (A) in appro-
priate Vietnamese institutions.
(2) To further the process of reconciliation be-
tween the United States and Vietnam and the build-
ing of a bilateral relationship serving the interests of
both countries.
SEC. 3. DEFINITIONS.
In this Act:
(1) BOARD.—The term ‘‘Board’’ means the
Board of Directors of the Foundation.
(2) FOUNDATION.—The term ‘‘Foundation’’
means the Vietnam Education Foundation estab-
lished in section 4.
(3) INSTITUTION OF HIGHER EDUCATION.—The
term ‘‘institution of higher education’’ has the
meaning given the term in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(4) UNITED
STATES-VIETNAM
DEBT
AGREE-
MENT.—The term ‘‘United States-Vietnam debt
agreement’’ means the Agreement Between the Gov-
ernment of the United States of America and the
Government of the Socialist Republic of Vietnam Re-
garding the Consolidation and Rescheduling of Cer-
tain Debts Owed to, Guaranteed by, or Insured by
the United States Government and the Agency for
International Development, dated April 7, 1997.
SEC. 4. ESTABLISHMENT.
There is established the Vietnam Education Founda-
tion as an independent establishment of the executive
branch under section 104 of title 5, United States Code.
SEC. 5. BOARD OF DIRECTORS.
(a) IN GENERAL.—The Foundation shall be subject
to the supervision and direction of the Board of Directors,
which shall consist of 13 members, as follows:
(1) Two members of the House of Representa-
tives appointed by the Speaker of the House of Rep-
resentatives, one of whom shall be appointed upon
the recommendation of the Majority Leader and one
of whom shall be appointed upon the recommenda-
tion of the Minority Leader, and who shall serve as
ex officio, nonvoting members.
(2) Two members of the Senate, appointed by
the President pro tempore, one of whom shall be ap-
pointed upon the recommendation of the Majority
Leader and one of whom shall be appointed upon
the recommendation of the Minority Leader, and
who shall serve as ex officio, nonvoting members.
(3) Secretary of State.
(4) Secretary of Education.
(5) Secretary of the Treasury.
(6) Six members to be appointed by the Presi-
dent from among individuals in the nongovernmental
sector who have academic excellence or experience in
the fields of concentration specified in section
2(1)(A) or a general knowledge of Vietnam, not less
than three of whom shall be drawn from academic
life.
(b) ROTATION OF MEMBERSHIP.—(1) The term of
office of each member appointed under subsection (a)(6)
shall be 3 years, except that of the members initially ap-
pointed under that subsection, two shall serve for terms
of one year, two shall serve for terms of two years, and
two shall serve for terms of three years.
(2) A member of Congress appointed under sub-
section (a)(1) or (2) shall not serve as a member of the
Board for more than a total of six years.
(c) CHAIR.—The Board shall elect one of the mem-
bers appointed under subsection (a)(6) to serve as Chair.
(d) MEETINGS.—The Board shall meet upon the call
of the Chair but not less frequently than twice each year.
A majority of the voting members of the Board shall con-
stitute a quorum.
(e) DUTIES.—The Board shall—
(1) select the individuals who will be eligible to
serve as Fellows; and
(2) provide overall supervision and direction of
the Foundation.
(f) COMPENSATION.—
(1) IN GENERAL.—Except as provided in para-
graph (2), each member of the Board shall serve
without compensation, and members who are officers
or employees of the United States shall serve with-
out compensation in addition to that received for
their services as officers or employees of the United
States.
(2) TRAVEL EXPENSES.—The members of the
Board shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from
their homes or regular places of business in the per-
formance of service for the Board.
SEC. 6. FELLOWSHIP PROGRAM.
(a) AWARD OF FELLOWSHIPS.—
(1) IN GENERAL.—To carry out the purposes of
this Act, the Foundation shall award fellowships
to—
(A) Vietnamese nationals to study at insti-
tutions of higher education in the United States
at graduate and post-graduate levels in the fol-
lowing fields: physical sciences, natural sciences,
mathematics, environmental sciences, medicine,
technology, and computer sciences; and
(B) United States citizens to teach in Viet-
nam in appropriate Vietnamese institutions in
the fields of study described in subparagraph
(A).
(2) SPECIAL
EMPHASIS
ON
SCIENTIFIC
AND
TECHNICAL VOCABULARY IN ENGLISH.—Fellowships
awarded under paragraph (1) may include funding
for the study of scientific and technical vocabulary
in English.
(b) CRITERIA FOR SELECTION.—Fellowships under
this Act shall be awarded to persons who meet the min-
imum criteria established by the Foundation, including the
following:
(1) VIETNAMESE NATIONALS.—Vietnamese can-
didates for fellowships shall have basic English pro-
ficiency and must have the ability to meet the cri-
teria for admission into graduate or post-graduate
programs in United States institutions of higher
learning.
(2) UNITED
STATES
CITIZEN
TEACHERS.—
American teaching candidates shall be highly com-
petent in their fields and be experienced and pro-
ficient teachers.
(c) IMPLEMENTATION.—The Foundation may pro-
vide, directly or by contract, for the conduct of nationwide
competition for the purpose of selecting recipients of fel-
lowships awarded under this section.
(d) AUTHORITY TO AWARD FELLOWSHIPS
ON
A
MATCHING BASIS.—The Foundation may require, as a
condition of the availability of funds for the award of a
fellowship under this Act, that an institution of higher
education make available funds for such fellowship on a
matching basis.
(e) FELLOWSHIP CONDITIONS.—A person awarded a
fellowship under this Act may receive payments authorized
under this Act only during such periods as the Foundation
finds that the person is maintaining satisfactory pro-
ficiency and devoting full time to study or teaching, as
appropriate, and is not engaging in gainful employment
other than employment approved by the Foundation pur-
suant to regulations of the Board.
(f) FUNDING.—
(1) FISCAL YEAR 2001.—
(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to the Foundation $5,000,000 for fiscal
year 2001 to carry out the activities of the
Foundation.
(B) AVAILABILITY
OF
FUNDS.—Amounts
appropriated pursuant to subparagraph (A) are
authorized to remain available until expended.
(2) FISCAL YEAR 2002 AND SUBSEQUENT FIS-
CAL YEARS.—Effective October 1, 2001, the Foun-
dation shall utilize funds transferred to the Founda-
tion under section 7.
SEC. 7. VIETNAM DEBT REPAYMENT FUND.
(a) ESTABLISHMENT.—Notwithstanding any other
provision of law, there is established in the Treasury a
separate account which shall be known as the Vietnam
Debt Repayment Fund (in this subsection referred to as
the ‘‘Fund’’).
(b) DEPOSITS.—There shall be deposited as offset-
ting receipts into the Fund all payments (including inter-
est payments) made by the Socialist Republic of Vietnam
under the United States-Vietnam debt agreement.
(c) AVAILABILITY OF THE FUNDS.—
(1) FISCAL YEAR LIMITATION.—Beginning with
fiscal year 2002, and each subsequent fiscal year
through fiscal year 2018, $5,000,000 of the amounts
deposited into the Fund (or accrued interest) each
fiscal year shall be available to the Foundation,
without fiscal year limitation, under paragraph (2).
(2) DISBURSEMENT OF FUNDS.—The Secretary
of the Treasury, at least on a quarterly basis, shall
transfer to the Foundation amounts allotted to the
Foundation under paragraph (1) for the purpose of
carrying out its activities.
(3) TRANSFER
OF
EXCESS
FUNDS
TO
MIS-
CELLANEOUS RECEIPTS.—Beginning with fiscal year
2002, and each subsequent fiscal year through fiscal
year 2018, the Secretary of the Treasury shall with-
draw from the Fund and deposit in the Treasury of
the United States as miscellaneous receipts all mon-
eys in the Fund in excess of amounts made available
to the Foundation under paragraph (1).
(d) ANNUAL REPORT.—The Board shall prepare and
submit annually to Congress statements of financial condi-
tion of the Fund, including the beginning balance, re-
ceipts, refunds to appropriations, transfers to the general
fund, and the ending balance.
SEC. 9. FOUNDATION PERSONNEL MATTERS.
(a) APPOINTMENT BY BOARD.—There shall be an
Executive Secretary of the Foundation who shall be ap-
pointed by the Board without regard to the provisions of
title 5, United States Code, or any regulation thereunder,
governing appointment in the competitive service. The Ex-
ecutive Director shall be the Chief Executive Officer of
the Foundation and shall carry out the functions of the
Foundation subject to the supervision and direction of the
Board. The Executive Director shall carry out such other
functions consistent with the provisions of this Act as the
Board shall prescribe. The decision to employ or terminate
an Executive Director shall be made by an affirmative vote
of at least 6 of the 9 voting members of the Board.
(b) PROFESSIONAL STAFF.—The Executive Director
shall hire Foundation staff on the basis of professional
and nonpartisan qualifications.
(c) EXPERTS AND CONSULTANTS.—The Executive
Director may procure temporary and intermittent services
of experts and consultants as are necessary to the extent
authorized by section 3109 of title 5, United States Code
to carry out the purposes of the Foundation.
(d) COMPENSATION.—The Board may fix the com-
pensation of the Executive Director and other personnel
without regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of title V, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the Executive
Director and other personnel may not exceed the rate pay-
able for level V of the Executive Schedule under section
5316 of such title.
SEC. 9. ADMINISTRATIVE PROVISIONS.
(a) IN GENERAL.—In order to carry out this title,
the Foundation may—
(1) prescribe such regulations as it considers
necessary governing the manner in which its func-
tions shall be carried out;
(2) receive money and other property donated,
bequeathed, or devised, without condition or restric-
tion other than it be used for the purposes of the
Foundation, and to use, sell, or otherwise dispose of
such property for the purpose of carrying out its
functions;
(3) accept and use the services of voluntary and
noncompensated personnel;
(4) enter into contracts or other arrangements,
or make grants, to carry out the provisions of this
title, and enter into such contracts or other arrange-
ments, or make such grants, with the concurrence of
a majority of the members of the Board, without
performance or other bonds and without regard to
section 3709 of the Revised Statutes (41 U.S.C. 5);
(5) rent office space in the District of Colum-
bia; and
(6) make other necessary expenditures.
(b) ANNUAL REPORT.—The Foundation shall submit
to the President and to the Committee on Foreign Rela-
tions of the Senate and the Committee on International
Relations of the House of Representatives an annual re-
port of its operations under this Act.
SEC. 10. TERMINATION.
(a) IN GENERAL.—The Foundation may not award
any new fellowship, or extend any existing fellowship, after
September 30, 2016.
(b) ABOLISHMENT.—Effective 120 days after the ex-
piration of the last fellowship in effect under this Act, the
Foundation is abolished.
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