Text: S.2763 — 102nd Congress (1991-1992)All Information (Except Text)

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Calendar No. 697
102d CONGRESS
2d Session
S. 2763
[Report No. 102-415]
A BILL
To establish the Mike Mansfield Fellowship Program for intensive training
in the Japanese language, government, politics, and economy.
September 22 (legislative day, SEPTEMBER 8), 1992
Reported without amendment
S 2763 RS
Calendar No. 697
102d CONGRESS
2d Session
S. 2763
[Report No. 102-415]
To establish the Mike Mansfield Fellowship Program for intensive training
in the Japanese language, government, politics, and economy.
IN THE SENATE OF THE UNITED STATES
May 21 (legislative day, MARCH 26), 1992
Mr. ROTH (for himself, Mr. ROCKEFELLER, Mr. WOFFORD, Mr. BENTSEN, Mr. BINGAMAN,
Mr. LUGAR, Mr. WALLOP, Mr. BURNS, Mr. WIRTH, Mr. HATFIELD, Mr. MURKOWSKI,
Mr. HATCH, Mr. SIMON, Mr. GARN, Mr. STEVENS, Mr. CONRAD, Mr. BURDICK, and
Mr. BAUCUS) introduced the following bill; which was read twice and referred
to the Committee on Governmental Affairs
September 22 (legislative day, SEPTEMBER 8), 1992
Reported by Mr. GLENN, without amendment
A BILL
To establish the Mike Mansfield Fellowship Program for intensive training
in the Japanese language, government, politics, and economy.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Mike Mansfield Fellowship Act'.
SEC. 2. FINDINGS.
  The Congress finds that--
  (1) because Senator Mike Mansfield served his country with distinction and
  has had a lasting impact on America's relationship with Japan during his
  tenure in the Senate and later as the United States Ambassador to Japan,
  it is a fitting tribute to establish the following Fellowship in his name
  for promising officials of the Federal Government;
  (2) Japan is America's second largest trading partner, the second biggest
  investor in the United States, and America's most serious economic
  competitor;
  (3) despite the challenge and importance of Japan to the United States, few
  Americans speak Japanese or understand how the country and its government
  works; and
  (4) key agencies of the United States Government involved in United
  States-Japan relations often lack sufficient personnel versed in the
  functioning of the Japanese policymaking apparatus.
SEC. 3. PURPOSES.
  The purposes of this Act are--
  (1) to enable the United States Government to respond more effectively to
  the Japanese challenge; and
  (2) to provide officials from any branch of the United States Federal
  Government with intensive Japanese language training and an opportunity
  to be placed as a Fellow in the Government of Japan.
SEC. 4. DEFINITIONS.
  For purposes of this Act--
  (1) the term `agency of the United States Government' includes any agency
  of the legislative branch and any court of the judicial branch as well as
  any agency of the executive branch;
  (2) the term `agency head' means--
  (A) in the case of the Senate, the President pro tempore, in consultation
  with the Majority Leader and Minority Leader of the Senate;
  (B) in the case of the House of Representatives, the Speaker of the House,
  in consultation with the Majority Leader and Minority Leader of the House;
  (C) in the case of the judicial branch of Government, the chief judge of
  the respective court; and
  (D) in the case of the executive branch of Government, the head of the
  respective agency;
  (3) the term `Board' means the Mike Mansfield Fellowship Review Board; and
  (4) the term `Center' means the Mansfield Center for Pacific Affairs.
SEC. 5. ESTABLISHMENT OF FELLOWSHIP PROGRAM.
  (a) ESTABLISHMENT- (1) There is hereby established the `Mike Mansfield
  Fellowship Program' pursuant to which the Secretary of State will make
  grants to the Mansfield Center for Pacific Affairs to award fellowships
  for periods of 2 years each to eligible United States citizens, as follows:
  (A) During the first year each fellowship recipient will study the Japanese
  language as well as the Japanese political economy.
  (B) During the second year each fellowship recipient will serve as a Fellow
  in a parliamentary office, ministry, or other agency of the Government of
  Japan or, subject to the approval of the Center, a nongovernmental Japanese
  institution associated with the interests of the fellowship recipient,
  consistent with the purposes of this Act.
  (2) Fellowships under this Act may be known as `Mansfield Fellowships',
  and individuals awarded such fellowships may be known as `Mansfield Fellows'.
  (b) ELIGIBILITY OF CENTER FOR GRANTS- Grants may be made to the Center under
  this section only if the Center agrees to comply with the requirements of
  section 7.
  (c) INTERNATIONAL ARRANGEMENT- The Secretary of State is authorized to
  enter into an arrangement with the Government of Japan for the purpose of
  placing Fellows in the Government of Japan.
  (d) USE OF FEDERAL FACILITIES- The Foreign Service Institute is authorized
  and encouraged to assist in carrying out Japanese language training by
  the Center through the provision of classroom space, teaching materials,
  and facilities, to the extent that such provision is not detrimental to
  the Institute's carrying out its other responsibilities under law.
SEC. 6. FUNDING.
  (a) PRIVATE SOURCES- The Center is authorized to accept, use, and dispose of
  gifts or donations of services or property in carrying out the fellowship
  program, subject to the review and approval of the Board described in
  section 9.
  (b) AVAILABILITY OF FUNDS- Of any funds appropriated or otherwise made
  available to the Department of State pursuant to law--
  (1) for fiscal year 1993, $1,000,000,
  (2) for each of the fiscal years 1994 and 1995, $1,500,000, and,
  (3) for fiscal year 1996, $750,000
shall be available to the Secretary of State to make grants to the Center
pursuant to section 5(a)(1).
SEC. 7. PROGRAM REQUIREMENTS.
  The program established under this Act shall comply with the following
  requirements:
  (1) United States citizens who are eligible for fellowships under this Act
  shall be employees of the Federal Government having at least two years
  experience in any branch of the Government and having a strong career
  interest in United States-Japan relations and a demonstrated commitment
  to further service in the Federal Government.
  (2) Not less than 10 fellowships shall be awarded each year.
  (3) Mansfield Fellows shall agree--
  (A) to maintain satisfactory progress in language training and appropriate
  behavior in Japan, as determined by the Center, as a condition of continued
  receipt of Federal funds; and
  (B) to return to the Federal Government for further employment for, such
  period as the Center may require or, if the Center makes no requirement,
  then for a period of at least 2 years following the end of their fellowships.
  (4) During the period of the fellowship, the Center shall pay each Mansfield
  Fellow (including any Mansfield Fellow previously employed in the legislative
  branch of Government)--
  (A) a stipend at a rate of pay equal to the rate of pay which would have
  been paid to that individual in such position but for his separation from
  Government service; and
  (B) a cost of living adjustment or adjustments calculated at the same rate
  of pay, and for the same period of time, for which such adjustments were
  made to the salaries of individuals occupying competitive positions in
  the civil service during the same period as the fellowship.
  (5)(A) For the first year of each fellowship, the Center shall provide
  fellows with intensive Japanese language training in Washington, D.C.,
  as well as courses in the political economy of Japan.
  (B) Such training shall be of the same quality as training provided to
  Foreign Service officers before they are assigned to Japan.
  (C) The Center may waive any or all of the training required by subparagraph
  (A) to the extent that a Fellow has Japanese language skills or knowledge
  of Japan's political economy.
  (6) Any Mansfield Fellow not complying with the requirements of this section
  shall reimburse the Federal Government for the Federal funds used in the
  fellowship, together with interest at a rate determined by the Center.
  (7) The Center shall select Mansfield Fellows based solely on merit,
  but to the extent possible, reflecting the cultural, racial, and ethnic
  diversity of the United States.
  (8) The Center shall assist any Mansfield Fellow to find employment in the
  Federal Government if such Fellow was employed in the legislative branch
  before the fellowship began and was not able, at the end of the fellowship,
  to be reemployed in the legislative branch.
  (9) No Mansfield Fellow may engage in any intelligence or
  intelligence-related activity on behalf of the United States Government.
  (10) The accounts of the Center shall be audited annually in accordance
  with generally accepted auditing standards by independent certified public
  accountants or independent licensed public accountants, certified or licensed
  by a regulatory authority of a State or other political subdivision of
  the United States. The audit shall be conducted at the place or places
  where the accounts of the Center are normally kept. All books, accounts,
  financial records, files, and other papers, things, and property belonging
  to or in use by the Center and necessary to facilitate the audit shall
  be made available to the person or persons conducting the audit, and full
  facilities for verifying transactions with the balances or securities held
  by depositories, fiscal agents, and custodians shall be afforded to such
  person or persons.
  (11) The Center shall provide a report of the audit to the Board no
  later than six months following the close of the fiscal year for which
  the audit is made. The report shall set forth the scope of the audit and
  include such statements, together with the independent auditor's opinion of
  those statements, as are necessary to present fairly the Center's assets
  and liabilities, surplus or deficit, with reasonable detail, including a
  statement of the Center's income and expenses during the year, including
  a schedule of all contracts and grants requiring payments in excess of
  $5,000 and any payments of compensation, salaries, or fees at a rate in
  excess of $5,000 per year. The report shall be produced in sufficient
  copies for the public.
SEC. 8. SEPARATION OF GOVERNMENT PERSONNEL DURING THE FELLOWSHIPS.
  (a) SEPARATION- Under such terms and conditions as the agency head may
  direct, any agency of the United States Government may separate from
  Government service for a specified period any officer or employee of that
  agency who accepts a fellowship under the program established by this Act.
  (b) REEMPLOYMENT OR REINSTATEMENT- An officer or employee separated by an
  agency of the executive or the judicial branch of Government under subsection
  (a) for purposes of becoming a Fellow shall be entitled upon termination
  of the fellowship to reemployment or reinstatement with such agency (or
  a successor agency) in an appropriate position with the attendant rights,
  privileges, and benefits which the officer or employee would have had or
  acquired had he or she not been so separated, subject to such time period
  and other conditions as the agency head may prescribe.
  (c) BENEFIT PROGRAM- (1) An officer or employee entitled to reemployment
  or reinstatement rights under subsection (b) shall, while continuously
  serving as a Mansfield Fellow with no break in continuity of service,
  continue to participate in any benefit program in which such officer or
  employee was participating prior to the Mansfield Fellowship, including--
  (A) programs for compensation for job-related death, injury, or illness;
  (B) programs for health and life insurance;
  (C) programs for annual, sick, and other statutory leave; and
  (D) programs for retirement under any system established by the laws of
  the United States,
except that participation in such programs shall be credited only to the
extent that employee deductions and employer contributions, as required,
in payment for such participation for the period of the fellowship, are
currently deposited in the program's or system's fund or depository. For
purposes of the preceding sentence, employer contributions shall be paid by
the Center and employee deductions shall be made from stipends paid to the
Mansfield Fellows by the Center pursuant to section 7(4).
  (2) Death or retirement of any such officer or employee during approved
  service as a Mansfield Fellow and prior to reemployment or reinstatement
  shall be considered a death in or retirement from Government service for
  purposes of any employee or survivor benefits acquired by reason of service
  with an agency of the United States Government.
  (d) COMPLIANCE WITH BUDGET ACT- Funds are available under this section to
  the extent and in the amounts provided in appropriation Acts.
SEC. 9. MANSFIELD FELLOWSHIP REVIEW BOARD.
  (a) ESTABLISHMENT- There is established the Mansfield Fellowship Review
  Board.
  (b) COMPOSITION- The Board shall be composed of 9 individuals, as follows:
  (1) The Secretary of State, who shall serve as the chairperson of the Board,
  or his designee.
  (2) The Secretary of Defense or his designee.
  (3) The Secretary of the Treasury or his designee.
  (4) The Secretary of Commerce or his designee.
  (5) The United States Trade Representative or his designee.
  (6) Four persons, appointed by the President, by and with the advice and
  consent of the Senate, who, to the extent possible, are experts in the
  field of United States-Japan relations.
  (c) TERMS OF SERVICE- Each member of the Board appointed under subsection
  (b)(6) shall serve terms of 4 years, except that the President shall
  designate 2 of the initial appointees to serve terms of 2 years.
  (d) FUNCTIONS- (1) The Board shall review the administration of the program
  assisted under this Act.
  (2)(A) Each year at the time of the submission of the President's budget
  request to the Congress, the Board shall submit to the Congress a report
  completed by the Center with the approval of the Board on the conduct of
  the program during the preceding year.
  (B) Each such report shall contain--
  (i) an analysis of the assistance provided under the program for the
  previous fiscal year and the nature of the assistance provided;
  (ii) an analysis of the performance of the individuals who received
  assistance under the program during the previous fiscal year, including
  the degree to which assistance was terminated under the program and the
  extent to which individual recipients failed to meet their obligations
  under the program; and
  (iii) an analysis of the results of the program for the previous fiscal year,
  and cumulatively, including, at a minimum, the percentage of individuals who
  have received assistance under the program who subsequently became employees
  of the United States Government and, in the case of individuals who did not
  subsequently become employees of the United States Government, an analysis
  of the reasons why they did not become employees and an explanation as to
  what use, if any, was made of the assistance given to those recipients.
  (e) COMPENSATION- (1) Members of the Board--
  (A) shall not be paid compensation for services performed on the Board,
  except as provided in paragraph (2); and
  (B) 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 performance of services for the Board.
  (2) Each Member of the Board appointed under subsection (b)(6) shall receive
  compensation, subject to the availability of appropriations, at a rate of
  not to exceed the daily equivalent of the annual rate of basic pay payable
  for positions above GS-15 of the General Schedule under section 5332 of
  title 5, United States Code, for each day such member is engaged in the
  actual performance of the duties of the Board.
  (f) AVAILABILITY OF SUPPORT STAFF- The Secretary of State is authorized
  to provide for necessary secretarial and staff assistance for the Board.
  (g) RELATIONSHIP TO FEDERAL ADVISORY COMMITTEE ACT- The Federal Advisory
  Committee Act shall not apply to the Board to the extent that the provisions
  of this section are inconsistent therewith.
  (h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Board such sums as may be necessary to carry out this section.