22 U.S.C. § 6102 — Program requirements
submitted 32 years ago by Pub. L. 103-236 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 1,005 words · no verdicts yet
This section sets eligibility, selection, funding, training, service, audit, and conduct requirements for the Mansfield Fellowship Program. It limits the number of fellows, provides specified pay and allowances, requires some fellows to return to Federal service, and bars intelligence activity.
(1) Eligible United States citizens must be Federal employees with at least 2 years of Government experience, a strong career interest in United States-Japan relations, a demonstrated commitment to further Federal service, and qualifications the Center* sets. (2) No more than 10 fellowships may be awarded each year, including no more than 3 to people who are not Government detailees. (3)(A) Fellows must maintain satisfactory language-training progress and appropriate behavior in Japan, as the Center determines, to continue receiving Federal funds. (B) Nondetailee fellows must agree to return to Federal employment for at least 2 years after the fellowship, unless the Center determines they cannot find that employment for reasons beyond their control after receiving the assistance in paragraph (8). (4) During the fellowship, the Center must provide (A) each nondetailee a stipend equal to the person’s pay on entering the program, plus a cost-of-living adjustment calculated at the same rate and for the same period as adjustments for competitive civil-service positions; and (B) each fellow, including detailees, the overseas civilian allowances and benefits the person would otherwise have received under the State Department’s Standardized Regulations, including a Japan living-quarters allowance, post allowance, education allowance for children’s educational services ordinarily free in United States public schools, up to $1,000 in moving expenses for the fellow’s and family’s belongings, and one round-trip economy airline ticket to Japan for the fellow and immediate family. (5)(A) In the first year, the Center must provide intensive Japanese training in the Washington, D.C. area and courses in Japan’s political economy. (B) The training must be as good as training given to Foreign Service officers before assignment to Japan. (C) The Center may waive some or all training based on existing language skill or political-economy knowledge, and the fellowship must be shortened by the amount of training waived below one year. (6) A nondetailee who violates this section must repay the United States Information Agency the Federal funds spent on the fellowship plus interest at the prevailing rate: (A) full repayment for violating paragraph (3)(A) or (9); and (B) proportional repayment for failing paragraph (3)(B), based on the period of insufficient reemployment and the amount received in the final fellowship year for that period, including paragraph (4) allowances and benefits. (7) The Center must select fellows solely on merit and make positive efforts to recruit candidates reflecting the United States’ cultural, racial, and ethnic diversity. (8) As far as possible, the Center must help a nondetailee find Federal employment if the fellow cannot return to the agency that granted the separation. (9) No fellow may engage in intelligence or intelligence-related activity for the United States Government. (10) Independent certified or licensed public accountants, certified or licensed by a State or other United States political subdivision regulator, must annually audit the Center’s financial records under generally accepted auditing standards where those records are normally kept. The Center must provide auditors all necessary books, records, files, papers, things, property, and facilities for checking transactions against depositories, fiscal agents, and custodians’ balances or securities. (11) Within 6 months after the fiscal year ends, the Center must give the Director an audit report. It must state the audit’s scope and include statements, with the independent auditor’s opinion, fairly showing assets, liabilities, surplus or deficit in reasonable detail, including yearly income and expenses, contracts and grants requiring payments over $5,000, and compensation, salaries, or fees over $5,000 per year. Enough copies must be produced for the public.
The program established under this chapter shall comply with the following requirements:
United States citizens who are eligible for fellowships under this chapter shall be employees of the Federal Government having at least two years experience in any branch of the Government, a strong career interest in United States-Japan relations, and a demonstrated commitment to further service in the Federal Government, and such other qualifications as are determined by the Center*.
Not more than 10 fellowships may be awarded each year of which not more than 3 shall be awarded to individuals who are not detailed employees of the Government.
Fellows shall agree 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.
Fellows who are not detailees shall agree to return to the Federal Government for further employment for a period of at least 2 years following the end of their fellowships, unless, in the determination of the Center, the fellow is unable (for reasons beyond the fellow’s control and after receiving assistance from the Center as provided in paragraph (8)) to find reemployment for such period.
During the period of the fellowship, the Center shall provide—
to each fellow who is not a detailee* a stipend at a rate of pay equal to the rate of pay that individual was receiving when he or she entered the program, plus a cost-of-living adjustment 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; and
to each fellow (including detailees) certain allowances and benefits as that individual would have been entitled to, but for his or her separation from Government service, as a United States Government civilian employee overseas under the Standardized Regulations (Government Civilians, Foreign Areas) of the Department of State, as follows: a living quarters allowance to cover the higher cost of housing in Japan, a post allowance to cover the significantly higher costs of living in Japan, an education allowance to assist parents in providing their children with educational services ordinarily provided without charge by United States public schools, moving expenses of up to $1,000 for personal belongings of fellows and their families in their move to Japan and one-round-trip economy-class airline ticket to Japan for each fellow and the fellow’s immediate family.
For the first year of each fellowship, the Center shall provide fellows with intensive Japanese language training in the Washington, D.C., area, as well as courses in the political economy of Japan.
Such training shall be of the same quality as training provided to Foreign Service officers before they are assigned to Japan.
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, and the 2-year fellowship period shall be shortened to the extent such training is less than one year.
Any fellow who is not a detailee who does not comply with the requirements of this section shall reimburse the United States Information Agency for the Federal funds expended for the Fellow’s participation in the fellowship, together with interest on such funds (calculated at the prevailing rate), as follows:
Full reimbursement for noncompliance with paragraph (3)(A) or (9).
Pro rata reimbursement for noncompliance with paragraph (3)(B) for any period the fellow is reemployed by the Federal Government that is less than the period specified in paragraph (3)(B), at a rate equal to the amount the fellow received during the final year of the fellowship for the same period of time, including any allowances and benefits provided under paragraph (4).
The Center shall select fellows based solely on merit. The Center shall make positive efforts to recruit candidates reflecting the cultural, racial, and ethnic diversity of the United States.
The Center shall assist, to the extent possible, any fellow who is not a detailee in finding employment in the Federal Government if such fellow was not able, at the end of the fellowship, to be reemployed in the agency from which he or she separated to become a fellow.
No fellow may engage in any intelligence or intelligence-related activity on behalf of the United States Government.
The financial records 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 financial records of the Center are normally kept. All books, 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.
The Center shall provide a report of the audit to the Director of the United States Information Agency 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.
Source credit: (Pub. L. 103–236, title II, § 253, Apr. 30, 1994, 108 Stat. 428.)
- 1994Enacted · Pub. L. 103-236 · 108 Stat. 428
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-236 on 1994-04-30.
all 0 arguments · sorted by: best
no arguments yet — make the first case