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22 USC CHAPTER 44 - JAPAN-UNITED STATES FRIENDSHIP 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 44 - JAPAN-UNITED STATES FRIENDSHIP

-HEAD-

CHAPTER 44 - JAPAN-UNITED STATES FRIENDSHIP

-MISC1-

Sec.

2901. Congressional statement of findings and declaration of

purpose.

2902. Japan-United States Friendship Trust Fund.

(a) Establishment.

(b) Use of amounts in Fund for promotion of

scholarly, cultural, and artistic activities

between Japan and United States.

(c) Use of amounts in Fund for administrative

expenses of Japan-United States Friendship

Commission.

(d) Authorization of appropriations; source of

amounts.

(e) Additional authorization of appropriations;

source of amounts; subsequent use of

unappropriated portion of amounts authorized

to be appropriated.

2903. Japan-United States Friendship Commission.

(a) Establishment; composition.

(b) Compensation and travel expenses.

(c) Chairman; quorum; meetings.

2904. Functions of Commission.

(a) Promotion of scholarly, cultural, and artistic

activities; grants.

(b) Annual report.

2905. Administrative powers of Commission.

2906. Management of the Friendship Trust Fund.

(a) Constituent amounts.

(b) Investments by Secretary of Treasury in

authorized obligations; issuance of

obligations and special obligations;

conditions of acquisition.

(c) Sale of obligations; redemption of special

obligations.

(d) Credit to Fund of interest on, and proceeds

from sale or redemption of, any obligations

held in Fund.

(e) Payments for implementation of programs and

necessary expenses of Commission,

appropriation of amounts; exceptions.

-End-

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22 USC Sec. 2901 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 44 - JAPAN-UNITED STATES FRIENDSHIP

-HEAD-

Sec. 2901. Congressional statement of findings and declaration of

purpose

-STATUTE-

(a) The Congress hereby finds that -

(1) the post-World War II evolution of the relationship between

Japan and the United States to peacetime friendship and

partnership is one of the most significant developments of the

postwar period;

(2) the Agreement Between Japan and the United States of

America Concerning the Ryukyu Islands and the Daito Islands,

signed at Washington and Tokyo on June 17, 1971, is a major

achievement and symbol of the new relationship between the United

States and Japan; and

(3) the continuation of close United States-Japan friendship

and cooperation will make a vital contribution to the prospects

for peace, prosperity, and security in Asia and the world.

(b) It is therefore the purpose of this chapter to provide for

the use of an amount equal to a part of the total sum payable by

Japan to the United States in connection with the reversion of

Okinawa to Japanese administration and the remaining funds of the

amount set aside in 1962 for educational and cultural exchange with

Japan (known as the G.A.R.I.O.A. Account) to aid education and

culture at the highest level in order to enhance reciprocal

people-to-people understanding and to support the close friendship

and mutuality of interests between the United States and Japan.

-SOURCE-

(Pub. L. 94-118, Sec. 2, Oct. 20, 1975, 89 Stat. 603.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 94-118 provided: "That this Act [enacting

this chapter] may be cited as the 'Japan-United States Friendship

Act'."

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22 USC Sec. 2902 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 44 - JAPAN-UNITED STATES FRIENDSHIP

-HEAD-

Sec. 2902. Japan-United States Friendship Trust Fund

-STATUTE-

(a) Establishment

There is established in the Treasury of the United States a trust

fund to be known as the Japan-United States Friendship Trust Fund

(hereafter referred to as the "Fund").

(b) Use of amounts in Fund for promotion of scholarly, cultural,

and artistic activities between Japan and United States

Amounts in the Fund shall be used for the promotion of scholarly,

cultural, and artistic activities between Japan and the United

States, including -

(1) support for studies, including language studies, in

institutions of higher education or scholarly research in Japan

and the United States, designed to foster mutual understanding

between Japan and the United States;

(2) support for major collections of Japanese books and

publications in appropriate libraries located throughout the

United States and similar support for collections of American

books and publications in appropriate libraries located

throughout Japan;

(3) support for programs in the arts in association with

appropriate institutions in Japan and the United States;

(4) support for fellowships and scholarships at the graduate

and faculty levels in Japan and the United States in accord with

the purposes of this chapter;

(5) support for visiting professors and lecturers at colleges

and universities in Japan and the United States; and

(6) support for other Japan-United States cultural and

educational activities consistent with the purposes of this

chapter.

(c) Use of amounts in Fund for administrative expenses of

Japan-United States Friendship Commission

Amounts in the Fund may also be used to pay administrative

expenses of the Japan-United States Friendship Commission,

established by section 2903 of this title, as directed by that

Commission.

(d) Authorization of appropriations; source of amounts

There is authorized to be appropriated to the Fund, for fiscal

year 1976, an amount equal to 7.5 per centum of the total funds

payable to the United States pursuant to the Agreement Between

Japan and the United States of America Concerning the Ryukyu

Islands and the Daito Islands, signed at Washington and Tokyo, June

17, 1971, including interest and proceeds accruing to the Fund from

such funds in accordance with sections 2905(4) and 2906 of this

title.

(e) Additional authorization of appropriations; source of amounts;

subsequent use of unappropriated portion of amounts authorized to

be appropriated

(1) There is authorized to be appropriated to the Fund, for

fiscal year 1976, in addition to the amount authorized to be

appropriated by subsection (d) of this section, those funds

available in United States accounts in Japan and transferred by the

Government of Japan to the United States pursuant to the United

States request made under article V of the agreement between the

United States of America and Japan regarding the settlement of

Postwar Economic Assistance to Japan, signed in Tokyo, January 9,

1962, and the exchange of notes of the same date (13 U.S.T. 1957;

T.I.A.S. 5154) (the G.A.R.I.O.A. Account), including interest

accruing to the G.A.R.I.O.A. Account and interest and proceeds

accruing to the Fund from such funds in accordance with sections

2905(4) and 2906 of this title.

(2) The amount authorized to be appropriated by paragraph (1) of

this subsection shall not include any amount required by law to be

applied to United States participation in the International Ocean

Exposition to be held in Okinawa, Japan.

(3) Any unappropriated portion of the amount authorized to be

appropriated by subsection (d) of this section and paragraph (1) of

this subsection for fiscal year 1976 may be appropriated in any

subsequent fiscal year.

-SOURCE-

(Pub. L. 94-118, Sec. 3, Oct. 20, 1975, 89 Stat. 603; Pub. L.

94-350, title IV, Sec. 401(2), (3)(A), July 12, 1976, 90 Stat.

833.)

-MISC1-

AMENDMENTS

1976 - Subsecs. (d), (e)(1). Pub. L. 94-350 included interest and

proceeds accruing to the Fund in accordance with sections 2905(4)

and 2906 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2904, 2906 of this title.

-End-

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22 USC Sec. 2903 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 44 - JAPAN-UNITED STATES FRIENDSHIP

-HEAD-

Sec. 2903. Japan-United States Friendship Commission

-STATUTE-

(a) Establishment; composition

There is established a commission to be known as the Japan-United

States Friendship Commission (hereafter referred to as the

"Commission"). 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 Representatives, 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 appointed 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 traveltime; and while

so serving away from their homes or regular places of business, all

members of the Commission may be allowed travel expenses including

per diem in lieu of subsistence, as authorized by section 5703 of

title 5 for persons in Government service employed intermittently.

(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.

-SOURCE-

(Pub. L. 94-118, Sec. 4, Oct. 20, 1975, 89 Stat. 604.)

-MISC1-

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, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2902 of this title.

-End-

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22 USC Sec. 2904 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 44 - JAPAN-UNITED STATES FRIENDSHIP

-HEAD-

Sec. 2904. Functions of Commission

-STATUTE-

(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 activities under this chapter together with

such recommendations as the Commission determines appropriate.

-SOURCE-

(Pub. L. 94-118, Sec. 5, Oct. 20, 1975, 89 Stat. 605.)

-End-

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22 USC Sec. 2905 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 44 - JAPAN-UNITED STATES FRIENDSHIP

-HEAD-

Sec. 2905. Administrative powers of Commission

-STATUTE-

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.

-SOURCE-

(Pub. L. 94-118, Sec. 6, Oct. 20, 1975, 89 Stat. 605; Pub. L.

94-350, title IV, Sec. 401(1), July 12, 1976, 90 Stat. 833; Pub. L.

95-426, title VII, Sec. 703(a), Oct. 7, 1978, 92 Stat. 992; Pub. L.

97-241, title V, Sec. 503(a), Aug. 24, 1982, 96 Stat. 298; Pub. L.

102-138, title I, Sec. 167, Oct. 28, 1991, 105 Stat. 676; Pub. L.

105-277, div. A, Sec. 101(b) [title IV, Sec. 404(a)], Oct. 21,

1998, 112 Stat. 2681-50, 2681-101.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in par. (5), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

-MISC1-

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 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".

EFFECTIVE DATE OF 1978 AMENDMENT

Section 703(b) of Pub. L. 95-426 provided that: "The amendments

made by this section [amending this section] shall take effect on

October 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 Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2902, 2906 of this title.

-End-

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22 USC Sec. 2906 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 44 - JAPAN-UNITED STATES FRIENDSHIP

-HEAD-

Sec. 2906. Management of the Friendship Trust Fund

-STATUTE-

(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 authorized obligations;

issuance of obligations and special obligations; conditions of

acquisition

It shall be the duty of the Secretary of the Treasury (hereafter

referred to as the "Secretary") to invest such portion of the Fund

as is not, in the judgment of the Commission, required to meet

current withdrawals. Such investment 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 obligations 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 market 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

exclusively 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 centum 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 obligations

Any obligation acquired by the Fund (except special obligations

issued exclusively to the Fund) may be sold by the Secretary at the

market 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; appropriation 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, obligations purchased with amounts received)

by the Commission pursuant to sections 2905(2) and (3) of this

title, shall be subject to the appropriation process.

-SOURCE-

(Pub. L. 94-118, Sec. 7, Oct. 20, 1975, 89 Stat. 606; Pub. L.

94-350, title IV, Sec. 401(3)(B), July 12, 1976, 90 Stat. 833; Pub.

L. 97-241, title V, Sec. 503(b), Aug. 24, 1982, 96 Stat. 298; Pub.

L. 105-277, div. A, Sec. 101(b) [title IV, Sec. 404(b)], Oct. 21,

1998, 112 Stat. 2681-50, 2681-101.)

-COD-

CODIFICATION

In subsec. (b), "chapter 31 of title 31" substituted for "the

Second Liberty Bond Act, as amended" on authority of Pub. L.

97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section

of which enacted Title 31, Money and Finance.

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-277 amended second sentence

generally. Prior to amendment, second sentence read as follows:

"Such investment of amounts authorized to be appropriated under

section 2902(d) of this title may be made only in interest-bearing

obligations of the United States or in obligations guaranteed as to

both principal and interest by the United States."

1982 - Subsec. (e). Pub. L. 97-241 inserted "(including amounts

earned as interest on, and proceeds from the sale or redemption of,

obligations purchased with amounts received)" after "amounts

received".

1976 - Subsec. (b). Pub. L. 94-350 substituted "investment of

amounts authorized to be appropriated under section 2902(d) of this

title may be made" for "investment may be made" in second sentence.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2902 of this title.

-End-