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22 U.S.C. § 276eePowers of board; personal liability of members; compensation; decisions reviewable by Secretary of the Army; annual report; jurisdiction of court

submitted 81 years ago by ch. 228 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 227 words · no verdicts yet

in plain englishAI-generated · not legal advice

The board has the usual legal powers of a trustee over fund property. Members aren't personally liable unless they mishandle their duties, and they serve without bond or pay. The Secretary of the Army reviews the board yearly, and courts get involved only through a specific D.C. lawsuit.

The board has all the usual powers of a trustee over property it administers, but board members are not personally liable for acts performed in their trustee role, except for misfeasance (misconduct). Members are not required to post a bond, and they get no extra compensation for serving as trustees. Within the limits set by sections 276bb through 276dd, the board has sole discretion over administering, controlling, and spending the fund, including any payments it makes or authorizes from the Kermit Roosevelt fund. The board's decisions on these matters are not subject to review except by the Secretary of the Army, to whom the board must, every January 1st, give a full report of its activities from the preceding twelve months. The board's actions are not subject to judicial review except through a lawsuit brought in the U.S. District Court for the District of Columbia, which has jurisdiction over such suits, to enforce the terms of any trust the board has accepted.
the actual law source: uscode.house.gov ↗public domain

The board shall have all the usual powers of a trustee in respect to all property administered by it, but the members of the board shall not be personally liable, except for misfeasance, on account of any acts performed in their trust capacity. The members of the board shall not be required to furnish bond, and no additional compensation shall accrue to any of them on account of their duties as trustees. Within the limits prescribed by sections 276bb to 276dd of this title, the administration, control, and expenditure of this fund and its application to the purposes intended shall be according to the sole discretion of the board, and the exercise of its discretion and authority in regard thereto and its decisions thereon, including any payments made or authorized by it to be made from the Kermit Roosevelt fund, shall not be subject to review except by the Secretary of the Army, to whom the board shall, on the 1st day of January, each year, render a full report of its activities during the preceding twelve months. The actions of the board shall not be subject to judicial review except in an action brought in the United States District Court for the District of Columbia, which is given jurisdiction of such suits, for the purpose of enforcing the provisions of any trust accepted by the board.

Source credit: (July 2, 1945, ch. 228, § 5, 59 Stat. 317; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

history & why it existsrecord from the source credit
  • 1945Enacted · Act of July 2, 1945, ch. 228 · 59 Stat. 317
  • 1947Amended · Act of July 26, 1947, ch. 343 · 61 Stat. 501

A history note hasn’t been published yet. The record shows enactment by ch. 228 on 1945-07-02.

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