22 U.S.C. § 2905 — Administrative powers of Commission

Page 1300 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2903 § 2903. Japan-United States Friendship Commis- sion (a) Establishment; composition There is established a commission to be known as the Japan-United States Friendship Commission (hereafter referred to as the ‘‘Com- mission’’). The Commission shall be composed of— (1) the members of the United States Panel of the Joint Committee on United States- Japan Cultural and Educational Cooperation; (2) two Members of the House of Representa- tives, to be appointed at the beginning of each Congress or upon the occurrence of a vacancy during a Congress by the Speaker of the House of Representatives; (3) two Members of the Senate, to be ap- pointed at the beginning of each Congress or upon the occurrence of a vacancy during a Congress by the President pro tempore of the Senate; (4) the Chairman of the National Endowment for the Arts; and (5) the Chairman of the National Endowment for the Humanities. (b) Compensation and travel expenses Members of the Commission who are not full- time officers or employees of the United States and who are not Members of Congress shall, while serving on business of the Commission, be entitled to receive compensation at rates fixed by the President, but not exceeding the rate specified at the time of such service for grade GS–18 in section 5332 of title 5, including travel- time; and while so serving away from their homes or regular places of business, all members of the Commission may be allowed travel ex- penses including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for per- sons in Government service employed intermit- tently. (c) Chairman; quorum; meetings The Chairman of the United States Panel of the Joint Committee on United States-Japan Cultural and Educational Cooperation shall be the Chairman of the Commission. A majority of the members of the Commission shall constitute a quorum. The Commission shall meet at least twice in each year. (Pub. L. 94–118, § 4, Oct. 20, 1975, 89 Stat. 604.) Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 2904. Functions of Commission (a) Promotion of scholarly, cultural, and artistic activities; grants The Commission is authorized to— (1) develop and carry out programs at public or private institutions for the promotion of scholarly, cultural, and artistic activities in Japan and the United States consistent with the provisions of section 2902(b) of this title; and (2) make grants to carry out such programs. (b) Annual report The Commission shall submit to the President and to the Congress an annual report of its ac- tivities under this chapter together with such recommendations as the Commission determines appropriate. (Pub. L. 94–118, § 5, Oct. 20, 1975, 89 Stat. 605.) § 2905. Administrative powers of Commission In order to carry out its functions under this chapter, the Commission is authorized to— (1) prescribe such regulations as it deems necessary governing the manner in which its functions shall be carried out; (2) receive money and property donated, be- queathed, or devised, without condition or re- striction other than that it be used for the purposes of this chapter; and to use, sell, or otherwise dispose of such property (including transfer to the Fund) for the purpose of car- rying out the purposes of this chapter, and any such donation shall be exempt from any Fed- eral income, State, or gift tax; (3) in the discretion of the Commission, re- ceive (and use, sell, or otherwise dispose of, in accordance with paragraph (2)) money and other property donated, bequeathed, or de- vised to the Commission with a condition or restriction, including a condition that the Commission use other funds of the Commis- sion for the purposes of the gift, and any such donation shall be exempt from any Federal in- come, State, or gift tax; (4) direct the Secretary of the Treasury to make expenditure of the income of the Fund, any amount of the contributions deposited in the Fund from nonappropriated sources pursu- ant to paragraph (2) or (3) of this section, and not to exceed 5 percent annually of the prin- cipal of the total amount appropriated to the Fund to carry out the purposes of this chapter, including the payment of Commission ex- penses if needed; (5) appoint an Executive Director, without regard to the provisions of title 5 governing appointments in the competitive service, who shall be compensated at the rate provided for a GS–18 of the General Schedule of such title; (6) obtain the services of experts and con- sultants in accordance with the provisions of section 3109 of title 5, at rates for individuals not to exceed the rate specified at the time of such service for grade GS–18 in section 5332 of title 5; (7) accept and utilize the services of vol- untary and noncompensated personnel and re- imburse them for travel expenses, including per diem, as authorized by section 5703 of title 5; (8) enter into contracts, grants, or other ar- rangements, or modifications thereof; (9) make advances, progress, and other pay- ments which the Commission deems necessary under this chapter; Page 1301 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2906 (10) obtain such administrative support serv- ices and personnel as the Commission deems necessary and appropriate to its needs; and (11) transmit its official mail as penalty mail in the same manner and upon the same conditions as an officer of the United States other than a Member of Congress is permitted to transmit official mail as penalty mail under section 3202 of title 39. (Pub. L. 94–118, § 6, Oct. 20, 1975, 89 Stat. 605; Pub. L. 94–350, title IV, § 401(1), July 12, 1976, 90 Stat. 833; Pub. L. 95–426, title VII, § 703(a), Oct. 7, 1978, 92 Stat. 992; Pub. L. 97–241, title V, § 503(a), Aug. 24, 1982, 96 Stat. 298; Pub. L. 102–138, title I, § 167, Oct. 28, 1991, 105 Stat. 676; Pub. L. 105–277, div. A, § 101(b) [title IV, § 404(a)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–101.) Editorial Notes AMENDMENTS 1998—Par. (4). Pub. L. 105–277 substituted ‘‘needed’’ for ‘‘needed, except that any amounts expended from amounts appropriated to the Fund under section 2902(e)(1) of this title shall be expended in Japan or for not more than 50 percent of administrative expenses in the United States’’. 1991—Par. (4). Pub. L. 102–138 inserted ‘‘or for not more than 50 percent of administrative expenses in the United States’’ after ‘‘Japan’’. 1982—Par. (4). Pub. L. 97–241 substituted ‘‘, any amount of the contributions deposited in the Fund from nonappropriated sources pursuant to paragraph (2) or (3) of this section, and not to exceed 5 percent an- nually of the principal of the total amount appro- priated to the Fund’’ for ‘‘and not to exceed 5 per cen- tum annually of the principal of the Fund’’. 1978—Par. (11). Pub. L. 95–426 added par. (11). 1976—Par. (10). Pub. L. 94–350 struck out ‘‘from the Secretary of State, on a reimbursable basis,’’ after ‘‘ob- tain’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–426, title VII, § 703(b), Oct. 7, 1978, 92 Stat. 992, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall take effect on Octo- ber 1, 1978.’’ REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 2906. Management of the Friendship Trust Fund (a) Constituent amounts The Fund shall consist of— (1) amounts appropriated under sections 2902(d) and (e)(1) of this title; (2) any other amounts received by the Fund by way of gifts and donations; and (3) interest and proceeds credited to it under subsection (b) of this section. (b) Investments by Secretary of Treasury in au- thorized obligations; issuance of obligations and special obligations; conditions of acquisi- tion It shall be the duty of the Secretary of the Treasury (hereafter referred to as the ‘‘Sec- retary’’) to invest such portion of the Fund as is not, in the judgment of the Commission, re- quired to meet current withdrawals. Such in- vestment may be made only in interest-bearing obligations of the United States, in obligations guaranteed as to both principal and interest by the United States, in interest-bearing obliga- tions of Japan, or in obligations guaranteed as to both principal and interest by Japan. For such purposes, the obligations may be acquired (1) on original issue at the issue price, or (2) by purchase of outstanding obligations at the mar- ket price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31, are hereby extended to authorize the issuance at par of special obligations exclu- sively to the Fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States issued during the preceding two years then forming part of the public debt; except that where such average rate is not a multiple of one-eight of 1 per centum, the rate of interest of such special obligations shall be the multiple of one-eighth of 1 per cen- tum next lower than such average rate. Such special obligations shall be issued only if the Secretary determines that the purchase of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States on original issue or at the market price, is not in the public interest. (c) Sale of obligations; redemption of special ob- ligations Any obligation acquired by the Fund (except special obligations issued exclusively to the Fund) may be sold by the Secretary at the mar- ket price, and such special obligations may be redeemed at par plus accrued interest. (d) Credit to Fund of interest on, and proceeds from sale or redemption of, any obligations held in Fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (e) Payments for implementation of programs and necessary expenses of Commission; ap- propriation of amounts; exceptions In accordance with section 2905(4) of this title, the Secretary shall pay out of the Fund such amounts, including expenses of the Commission, as the Commission considers necessary to carry out the provisions of this chapter; except that amounts in the Fund, other than amounts which have been appropriated and amounts received (including amounts earned as interest on, and proceeds from the sale or redemption of, obliga- tions purchased with amounts received) by the Commission pursuant to sections 2905(2) and (3) of this title, shall be subject to the appropria- tion process. (Pub. L. 94–118, § 7, Oct. 20, 1975, 89 Stat. 606; Pub. L. 94–350, title IV, § 401(3)(B), July 12, 1976, 90 Stat. 833; Pub. L. 97–241, title V, § 503(b), Aug. 24, 1982, 96 Stat. 298; Pub. L. 105–277, div. A, § 101(b)