S.Amdt. 1312

1. Adds TITLE XXXIV--VIETNAM EDUCATION FOUNDATION at the end of division C

   Adds a title

   In S. 1867 · Placed on Calendar Senate

   "(3) Training vessels.--Amounts may not be appropriated for the purchase or construction of training vessels for State maritime academies unless the Secretary has approved a plan for sharing training vessels between State maritime academies.".

   Inserted: TITLE XXXIV--VIETNAM EDUCATION FOUNDATION

   Inserted: SEC. 3401. TRANSFER OF THE VIETNAM EDUCATION FOUNDATION TO THE DEPARTMENT OF STATE.

   Inserted: (a) Purposes.--Section 202 of the Vietnam Education Foundation Act of 2000 (22 U.S.C. 2452 note) is amended by adding at the end the following:

   Inserted: "(3) To support the development of 1 or more academic institutions in Vietnam that meets standards comparable to those required for accreditation under section 101(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)(5)) by providing financial assistance to United States institutions of higher education and not-for-profit organizations in the United States to participate in the governance, management, and academic activities of such academic institutions.".

   Inserted: (b) Definitions.--Section 203 of such Act is amended--

   Inserted: (1) by striking paragraph (1) and inserting the following:

   Inserted: "(1) Advisory committee.--The term 'Advisory Committee' means the Vietnam Education Foundation Advisory Committee established under section 205.";

   Inserted: (2) by redesignating paragraph (4) as paragraph (6);

   Inserted: (3) by redesignating paragraph (3) as paragraph (4);

   Inserted: (4) by inserting after paragraph (2) the following:

   Inserted: "(3) Fund.--The term 'Fund' means the Vietnam Debt Repayment Fund established under section 207;"; and

   Inserted: (5) by inserting after paragraph (4) the following:

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   Inserted: "(5) Secretary.--The term 'Secretary' means the Secretary of State.".

   Inserted: (c) Establishment.--Section 204 of such Act is amended--

   Inserted: (1) by inserting ", within the Department of State," after "established"; and

   Inserted: (2) by striking "as an independent" and all that follows through "Code".

   Inserted: (d) Replacement of Board of Directors With Advisory Committee.--Section 205 of such Act is amended to read as follows:

   Inserted: "SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY COMMITTEE.

   Inserted: "(a) Establishment.--

   Inserted: "(1) In general.--There shall be established a Vietnam Education Foundation Advisory Committee, which shall provide advice to the Secretary regarding the Foundation's activities.

   Inserted: "(2) Membership.--The Advisory Committee shall be composed of 7 members, of whom--

   Inserted: "(A) 3 shall be appointed by the Secretary;

   Inserted: "(B) 1 shall be appointed by the majority leader of the Senate;

   Inserted: "(C) 1 shall be appointed by the minority leader of the Senate;

   Inserted: "(D) 1 shall be appointed by the Speaker of the House of Representatives; and

   Inserted: "(E) 1 shall be appointed by the minority leader of the House of Representatives.

   Inserted: "(3) Appointment of incumbent members of board of directors.--Members appointed to the Advisory Committee may include individuals who were members of the Board of Directors of the Foundation on the date immediately preceding the date on which the Advisory Committee was established.

   Inserted: "(b) Supervision.--The Foundation shall be subject to the supervision and direction of the Secretary, in consultation with the Advisory Committee.".

   Inserted: (e) Fellowship Program.--Section 206(a)(1) of the Vietnam Education Foundation Act of 2000 (22 U.S.C. 2452 note) is amended--

   Inserted: (1) in the matter preceding subparagraph (A), by striking "shall" and inserting "may"; and

   Inserted: (2) in subparagraph (A), by striking "technology, and computer sciences" and inserting "academic computer science, public policy, management, and other applied academic disciplines relevant to Vietnam's development".

   Inserted: (f) Vietnam Debt Repayment Fund.--Section 207 of such Act is amended--

   Inserted: (1) in subsection (a), by striking "(in this subsection referred to as the 'Fund')"; and

   Inserted: (2) in subsection (c)--

   Inserted: (A) by striking paragraphs (1) and (2) and inserting the following:

   Inserted: "(1) In general.--During each of the fiscal years 2012 through 2018, $5,000,000 of the amounts in the Fund shall be available, in accordance with paragraph (2), for expenditure by the Department of State for the purpose of carrying out this title.

   Inserted: "(2) Disbursement.--The Secretary of the Treasury, upon the request of the Secretary, shall transfer amounts made available under paragraph (1) to the Department of State for the purpose of carrying out this title."; and

   Inserted: (B) in paragraph (3), by striking "to the Foundation under paragraph (1)" and inserting "under this subsection".

   Inserted: (g) Appointment of Executive Director.--Section 208(a) of such Act is amended--

   Inserted: (1) in the subsection heading, by striking "by Board";

   Inserted: (2) by striking "There" and inserting the following:

   Inserted: "(1) In general.--There";

   Inserted: (3) by striking "shall be appointed by the Board" and inserting "may be appointed by the Secretary, in consultation with the Advisory Committee,"; and

   Inserted: (4) by striking "The Executive Director shall be" and all that follows and inserting the following:

   Inserted: "(2) Duties.--The Executive Director--

   Inserted: "(A) shall be the Chief Executive Officer of the Foundation;

   Inserted: "(B) shall serve the Advisory Committee;

   Inserted: "(C) shall carry out the functions of the Foundation subject to the supervision and direction of the Secretary;

   Inserted: "(D) shall carry out such other functions, consistent with the provisions of this title as the Secretary may prescribe.".

   Inserted: (h) Conforming Amendments.--The Vietnam Education Foundation Act of 2000 (22 U.S.C. 2452 note) is amended--

   Inserted: (1) in section 206(e), by striking "Board" and inserting "Secretary";

   Inserted: (2) in section 207(d), by striking "Board" and inserting "Secretary"

   Inserted: (3) in section 208--

   Inserted: (A) by striking subsection (b); and

   Inserted: (B) in subsection (d), by striking "Board" and inserting "Secretary"; and

   Inserted: (4) in section 209--

   Inserted: (A) in subsection (a)(4), by striking "with the concurrence of a majority of the members of the Board,"; and

   Inserted: (B) by amending subsection (b) to read as follows:

   Inserted: "(b) Annual Report.--The Secretary of State shall submit an annual report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes the operations authorized under this title, including--

   Inserted: "(1) a list of the entities that received grants under this title during the past fiscal year, and the amount of such grants;

   Inserted: "(2) a description of the process used to allocate grant funds to the grantees described in paragraph (1); and

   Inserted: "(3) a description of how such grant funds were expended by such grantees.".

   Inserted: (i) Mutual Educational and Cultural Exchange Act of 1961.--Section 112(a) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2460(a)) is amended--

   Inserted: (1) in the matter preceding paragraph (1), by striking "but not limited to";

   Inserted: (2) in paragraph (8), by striking "and" at the end;

   Inserted: (3) in paragraph (9), by striking the period at the end and inserting "; and"; and

   Inserted: (4) by adding at the end the following:

   Inserted: "(10) programs administered by the Vietnam Education Foundation.".

   Inserted: (j) Transfer of Functions.--

   Inserted: (1) In general.--All functions and assets of the Vietnam Education Foundation, as of the day before the date of the enactment of this Act, are transferred to the Department of State.

   Inserted: (2) Personnel.--The Secretary of State may hire--

   Inserted: (A) personnel who were employed by the Vietnam Education Foundation on the day before the date of the enactment of this Act; and

   Inserted: (B) such other personnel as may be necessary to support the Foundation, in accordance with part III of title 5, United States Code (5 U.S.C. 2101 et seq.).

   Inserted: (k) Support for Institutional Innovation in Vietnam.--

   Inserted: (1) Grants authorized.--The Secretary of State may award 1 or more grants, using a transparent and competitive selection process, for the purposes set forth in paragraph (2), to--

   Inserted: (A) the Vietnam Education Foundation;

   Inserted: (B) institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); and

   Inserted: (C) not-for-profit organizations in the United States engaged in promoting institutional innovation in Vietnamese higher education.

   Inserted: (2) Use of funds.--Grant funds awarded under paragraph (1) shall be used to establish 1 or more independent, not-for-profit, academic institutions in Vietnam, each of which shall--

   Inserted: (A) meet standards comparable to those required for accreditation under section 101(a)(5) of the Higher Education Act of 1965;

   Inserted: (B) offer graduate level programs in public policy, management, and related fields;

   Inserted: (C) support the equitable and sustainable socioeconomic development of Vietnam;

   Inserted: (D) feature teaching and research components;

   Inserted: (E) promote the development of institutional capacity and innovation in Vietnam;

   Inserted: (F) operate according to core principles of good governance; and

   Inserted: (G) be autonomous from the Government of Vietnam.

   Inserted: (3) Application.--

   Inserted: (A) In general.--Each institution of higher education and not-for-profit organization desiring a grant under this subsection shall submit an application to the Secretary of State at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

   Inserted: (B) Competitive basis.--The process for selecting grantees under this subsection shall be transparent and competitive and conform to--

   Inserted: (i) the requirements set forth under the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451); and

   Inserted: (ii) established Federal assistance award procedures of the Department of State.

   Inserted: (4) Source of grant funds.--The Secretary of State may use amounts from the Vietnam Debt Repayment Fund made available under section 207(c) of the Vietnam Education Foundation Act of 2000 (22 U.S.C. 2452 note) for grants authorized under this subsection.

   Inserted: (5) Annual report.--The Secretary of State shall submit an annual report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that summarizes the activities carried out under this subsection during the most recent fiscal year.

   Inserted: SEC. 3402. EFFECTIVE DATE.

   Inserted: This title, and the amendments made by this title, shall take effect on the date that is 90 days after the date of the enactment of this Act.

   Original wording

   At the end of division C, add the following:

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As printed