S.2763 - Mike Mansfield Fellowship Act102nd Congress (1991-1992)
|Sponsor:||Sen. Roth Jr., William V. [R-DE] (Introduced 05/21/1992)|
|Committees:||Senate - Governmental Affairs | House - Foreign Affairs|
|Committee Reports:||S.Rept 102-415|
|Latest Action:||House - 10/09/1992 Referred to the House Committee on Foreign Affairs. (All Actions)|
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Text: S.2763 — 102nd Congress (1991-1992)All Information (Except Text)
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Reported to Senate
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.