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Title 22 — Foreign Relations and Intercourse

Chapter 44 — Japan-United States Friendship

§ 2905. Administrative powers of Commission

Statutory text

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, bequeathed, or devised, without condition or restriction 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 carrying out the purposes of this chapter, and any such donation shall be exempt from any Federal income, State, or gift tax;

(3)

in the discretion of the Commission, receive (and use, sell, or otherwise dispose of, in accordance with paragraph (2)) money and other property donated, bequeathed, or devised to the Commission with a condition or restriction, including a condition that the Commission use other funds of the Commission for the purposes of the gift, and any such donation shall be exempt from any Federal income, 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 pursuant to paragraph (2) or (3) of this section, and not to exceed 5 percent annually of the principal of the total amount appropriated to the Fund to carry out the purposes of this chapter, including the payment of Commission expenses 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 consultants 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 voluntary and noncompensated personnel and reimburse them for travel expenses, including per diem, as authorized by section 5703 of title 5;

(8)

enter into contracts, grants, or other arrangements, or modifications thereof;

(9)

make advances, progress, and other payments which the Commission deems necessary under this chapter;

(10)

obtain such administrative support services 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Japan-United States Friendship Act

    Pub. L. 94–118 § 6 · 89 Stat. 603

    Enacted · 22 U.S.C. § 2905

    Pub. L. 94–118, § 6, Oct. 20, 1975, 89 Stat. 605

    Source evidence

    Code source credit
    Pub. L. 94–118, § 6, Oct. 20, 1975, 89 Stat. 605

    Enacted provision · exact public law section
    Sec. 6. administrative provisions In order to carry out its functions under this Act, the Commission 22 USC 2905. is authorized to— (1) prescribe such regulations as it deems necessary governing Regulations. the manner in which its functions shall be carried out; (2) receive money and property donated, bequeathed, or devised, without condition or restriction other than that it be used for the purposes of this Act: and to use, sell, or otherwise dispose of such property (including transfer to the Fund) for the purpose of carrying out the purposes of this Act, and any such donation shall be exempt from any Federal income, State, or gift tax; (3) in the discretion of the Commission, receive (and use, sell, or otherwise dispose of, in accordance with paragraph (2)) money and other property donated, bequeathed, or devised to the Commission with a condition or restriction, including a condition that the Commission use other funds of the Commission for the purposes of the gift, and any such donation shall lie exempt from any Federal income, State, or gift tax; (4) direct the Secretary of the Treasury to make expenditure of the income of the Fund and not to exceed 5 per centum annually of the principal of the Fund to carry out the purposes of this Act, including the payment of Commission expenses if needed, except that any amounts expended from amounts appropriated to the Fund under section 3(e)(1) of this Act shall be expended in Japan; (5) appoint an Executive Director, without regard to the provisions 5 USC 101 et seq. 5 USC 5332 note. Experts and consultants. of title 5, United States Code, 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 consultants in accordance with the provisions of section 3109 of title 5, United States Code, 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, United States Code; (7) accept and utilize the services of voluntary and noncompensated personnel and reimburse them for travel expenses, including per diem, as authorized by section 5703 of title 5, United States Code; (8) enter into contracts, grants, or other arrangements, or modifications thereof; (9) make, advances, progress, and other payments which the Commission deems necessary under this Act; and (10) obtain from the Secretary of State, on a reimbursable basis, such administrative support services and personnel as the Commission deems necessary and appropriate to its needs.

  2. Foreign Relations Authorization Act, Fiscal Year 1977

    Pub. L. 94–350 title IV § 401(1) · 90 Stat. 823

    Struck · 22 U.S.C. § 2905(10)

    Pub. L. 94–350 struck out “from the Secretary of State, on a reimbursable basis,” after “obtain”

    Source evidence

    Code amendment note
    Par. (10). Pub. L. 94–350 struck out “from the Secretary of State, on a reimbursable basis,” after “obtain”.

    Enacted provision · exact public law section
    (1) in paragraph (10) of section 6 by striking out “from the Secretary of State, on a reimbursable basis,”;

  3. Pub. L. 95–426 title VII § 703(a) · 92 Stat. 963

    Added · 22 U.S.C. § 2905(11)

    Pub. L. 95–426 added par. (11)

    Source evidence

    Code amendment note
    Par. (11). Pub. L. 95–426 added par. (11).

    Enacted provision · exact public law section
    (a) Section 6 of the Japan-United States Friendship Act (22 U.S.C. 2905) is amended— (1) by striking out “and” at the end of paragraph (9); (2) by striking out the period at the end of paragraph (10) and inserting in lieu thereof “; and”; and (3) by inserting immediately after paragraph (10) the following new paragraph: “(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 of the United States Code.”.

    Effective date note
    Pub. L. 95–426, title VII, § 703(b), Oct. 7, 1978, 92 Stat. 992, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 1978.”

  4. Pub. L. 97–241 title V § 503(a) · 96 Stat. 273

    Substituted · 22 U.S.C. § 2905(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 annually of the principal of the total amount appropriated to the Fund” for “and not to exceed 5 per centum annually of the principal of the Fund”

    Source evidence

    Code amendment note
    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 annually of the principal of the total amount appropriated to the Fund” for “and not to exceed 5 per centum annually of the principal of the Fund”.

    Enacted provision · exact public law section
    (a) Section 6(4) of the Japan-United States Friendship Act (22 U.S.C. 2905(4)) is amended by striking out “and not to exceed 5 per centum annually of the principal of the Fund” and inserting in lieu thereof “, 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 annually of the principal of the total amount appropriated to the Fund”.

  5. An Act establishing a Commission on Security and Cooperation in Europe

    Pub. L. 102–138 title I § 167 · 105 Stat. 647

    Inserted · 22 U.S.C. § 2905(4)

    Pub. L. 102–138 inserted “or for not more than 50 percent of administrative expenses in the United States” after “Japan”

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 102–138 inserted “or for not more than 50 percent of administrative expenses in the United States” after “Japan”.

    Enacted provision · exact public law section
    SEC. 167. JAPAN-UNITED STATES FRIENDSHIP COMMISSION. Section 6 of the Japan-United States Friendship Act (22 U.S.C. 2905) is amended in paragraph (4) by inserting “or for not more than 50 percent of administrative expenses in the United States” after “Japan”. 22 USC 276l.

  6. Pub. L. 105–277 div. A § 101(b)(tIV)(s404)(a) · 112 Stat. 2681

    Substituted · 22 U.S.C. § 2905(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments1976–1998 · 5 rounds

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 annually of the principal of the total amount appropriated to the Fund” for “and not to exceed 5 per centum 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 “obtain”.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Pub. L. 95–426, title VII, § 703(b), , 92 Stat. 992, provided that: “The amendments made by this section [amending this section] shall take effect on .”

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 Organization 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.

Credits

1975–1998 · 6 acts
  1. 1975Pub. L. 94–118, § 6, , 89 Stat. 605
  2. 1976Pub. L. 94–350, title IV, § 401(1), , 90 Stat. 833
  3. 1978Pub. L. 95–426, title VII, § 703(a), , 92 Stat. 992
  4. 1982Pub. L. 97–241, title V, § 503(a), , 96 Stat. 298
  5. 1991Pub. L. 102–138, title I, § 167, , 105 Stat. 676
  6. 1998Pub. L. 105–277, div. A, § 101(b) [title IV, § 404(a)], , 112 Stat. 2681–50, 2681–101.
Show as published

(Pub. L. 94–118, § 6, , 89 Stat. 605; Pub. L. 94–350, title IV, § 401(1), , 90 Stat. 833; Pub. L. 95–426, title VII, § 703(a), , 92 Stat. 992; Pub. L. 97–241, title V, § 503(a), , 96 Stat. 298; Pub. L. 102–138, title I, § 167, , 105 Stat. 676; Pub. L. 105–277, div. A, § 101(b) [title IV, § 404(a)], , 112 Stat. 2681–50, 2681–101.)

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