Page 1263 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6091

upon reporting to the appropriate congressional

committees that doing so will expedite a transition to democracy in Cuba.

(Pub. L. 104–114, title III, §306, Mar. 12, 1996, 110

Stat. 821.)

REFERENCES IN TEXT

This subchapter, referred to in subsecs. (a) and (c)(1),

was in the original ‘‘this title’’, meaning title III of

Pub. L. 104–114, Mar. 12, 1996, 110 Stat. 814, which enacted this subchapter and sections 1643l and 1643m of

this title and amended section 1611 of Title 28, Judiciary and Judicial Procedure. For complete classification

of title III to the Code, see Tables.

SUBCHAPTER IV—EXCLUSION OF CERTAIN

ALIENS

§ 6091. Exclusion from United States of aliens

who have confiscated property of United

States nationals or who traffic in such property

(a) Grounds for exclusion

The Secretary of State shall deny a visa to,

and the Attorney General shall exclude from the

United States, any alien who the Secretary of

State determines is a person who, after March

12, 1996—

(1) has confiscated, or has directed or overseen the confiscation of, property a claim to

which is owned by a United States national, or

converts or has converted for personal gain

confiscated property, a claim to which is

owned by a United States national;

(2) traffics in confiscated property, a claim

to which is owned by a United States national;

(3) is a corporate officer, principal, or shareholder with a controlling interest of an entity

which has been involved in the confiscation of

property or trafficking in confiscated property, a claim to which is owned by a United

States national; or

(4) is a spouse, minor child, or agent of a person excludable under paragraph (1), (2), or (3).

(b) Definitions

As used in this section, the following terms

have the following meanings:

(1) Confiscated; confiscation

The terms ‘‘confiscated’’ and ‘‘confiscation’’

refer to—

(A) the nationalization, expropriation, or

other seizure by the Cuban Government of

ownership or control of property—

(i) without the property having been returned or adequate and effective compensation provided; or

(ii) without the claim to the property

having been settled pursuant to an international claims settlement agreement or

other mutually accepted settlement procedure; and

(B) the repudiation by the Cuban Government of, the default by the Cuban Government on, or the failure of the Cuban Government to pay—

(i) a debt of any enterprise which has

been nationalized, expropriated, or otherwise taken by the Cuban Government;

(ii) a debt which is a charge on property

nationalized, expropriated, or otherwise

taken by the Cuban Government; or

(iii) a debt which was incurred by the

Cuban Government in satisfaction or settlement of a confiscated property claim.

(2) Traffics

(A) Except as provided in subparagraph (B),

a person ‘‘traffics’’ in confiscated property if

that person knowingly and intentionally—

(i)(I) transfers, distributes, dispenses, brokers, or otherwise disposes of confiscated

property,

(II) purchases, receives, obtains control of,

or otherwise acquires confiscated property,

or

(III) improves (other than for routine

maintenance), invests in (by contribution of

funds or anything of value, other than for

routine maintenance), or begins after March

12, 1996, to manage, lease, possess, use, or

hold an interest in confiscated property,

(ii) enters into a commercial arrangement

using or otherwise benefiting from confiscated property, or

(iii) causes, directs, participates in, or

profits from, trafficking (as described in

clause (i) or (ii)) by another person, or otherwise engages in trafficking (as described in

clause (i) or (ii)) through another person,

without the authorization of any United

States national who holds a claim to the property.

(B) The term ‘‘traffics’’ does not include—

(i) the delivery of international telecommunication signals to Cuba;

(ii) the trading or holding of securities

publicly traded or held, unless the trading is

with or by a person determined by the Secretary of the Treasury to be a specially designated national;

(iii) transactions and uses of property incident to lawful travel to Cuba, to the extent

that such transactions and uses of property

are necessary to the conduct of such travel;

or

(iv) transactions and uses of property by a

person who is both a citizen of Cuba and a

resident of Cuba, and who is not an official

of the Cuban Government or the ruling political party in Cuba.

(c) Exemption

This section shall not apply where the Secretary of State finds, on a case by case basis,

that the entry into the United States of the person who would otherwise be excluded under this

section is necessary for medical reasons or for

purposes of litigation of an action under subchapter III of this chapter.

(d) Effective date

(1) In general

This section applies to aliens seeking to

enter the United States on or after March 12,

1996.

(2) Trafficking

This section applies only with respect to

acts within the meaning of ‘‘traffics’’ that

occur on or after March 12, 1996.

(Pub. L. 104–114, title IV, §401, Mar. 12, 1996, 110

Stat. 822.)
§ 6101 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1264

REFERENCES IN TEXT

Subchapter III of this chapter, referred to in subsec.

(c), was in the original ‘‘title III’’, meaning title III of

Pub. L. 104–114, Mar. 12, 1996, 110 Stat. 814, which enacted subchapter III of this chapter and sections 1643l

and 1643m of this title and amended section 1611 of

Title 28, Judiciary and Judicial Procedure. For complete classification of title III to the Code, see Tables.

CHAPTER 70—MANSFIELD FELLOWSHIP

PROGRAM

Sec.

6101. Establishment of Fellowship Program.

(a) Establishment.

(b) Eligibility of Center for grants.

(c) International agreement.

(d) Private sources.

(e) Use of Federal facilities.

6102. Program requirements.

6103. Separation of Government personnel during

fellowships.

(a) Separation.

(b) Reemployment.

(c) Rights and benefits.

(d) Compliance with Budget Act.

6104. Mansfield Fellows on detail from Government

service.

(a) In general.

(b) Status as Government employee.

(c) Reimbursement.

(d) Allowances and benefits.

6105. Liability for repayments.

6106. Definitions.

§ 6101. Establishment of Fellowship Program

(a) Establishment

(1) There is hereby established the ‘‘Mike

Mansfield Fellowship Program’’ pursuant to

which the Director of the United States Information Agency will make grants, subject to the

availability of appropriations, to the Mansfield

Center for Pacific Affairs to award fellowships

to eligible United States citizens for periods of

2 years each (or, pursuant to section 6102(5)(C) of

this title, for such shorter period of time as the

Center may determine based on a Fellow’s level

of proficiency in the Japanese language or

knowledge of the political economy of Japan) as

follows:

(A) During the first year each fellowship recipient will study the Japanese language as

well as Japan’s 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, and the agency of

the United States Government from which the

fellow originated, consistent with the purposes

of this chapter.

(2) Fellowships under this chapter 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 6102 of this title.

(c) International agreement

The Director of the United States Information

Agency should enter into negotiations for an

agreement with the Government of Japan for

the purpose of placing fellows in the Government of Japan.

(d) 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 Director of the United States Information Agency.

(e) Use of Federal facilities

The National Foreign Affairs Training Center

is authorized and encouraged to assist, on a

reimbursable basis, in carrying out Japanese

language training by the Center through the

provision of teachers, 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.

(Pub. L. 103–236, title II, §252, Apr. 30, 1994, 108

Stat. 428.)

SHORT TITLE

Section 251 of Pub. L. 103–236 provided that: ‘‘This

part [part C (§§251–257) of title II of Pub. L. 103–236, enacting this chapter] may be cited as the ‘Mike Mansfield Fellowship Act’.’’

§ 6102. Program requirements

The program established under this chapter

shall comply with the following requirements:

(1) 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.

(2) 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.

(3)(A) 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.

(B) 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.

(4) During the period of the fellowship, the

Center shall provide—

(A) 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