§276ee — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The board can act like a normal trustee over property it manages. Board members are not personally liable for actions taken as trustees unless they commit misconduct in their duties. They do not have to post a bond and they get no extra pay. Under sections 276bb–276dd, the board alone decides how to run, control, spend, and use the fund. Only the Secretary of the Army can review the board’s decisions or payments, including from the Kermit Roosevelt fund. The board must give the Secretary a full report on January 1 each year covering the prior 12 months. Courts cannot review the board’s actions except in a suit filed in the U.S. District Court for the District of Columbia to enforce a trust the board accepted.

Title 22, §276ee

Foreign Relations and Intercourse — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 228 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act

July 26, 1947, ch. 343, title II, 61 Stat. 501. section 205(a) of act

July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

§276ee Powers of board; personal liability of members; compensation; decisions reviewable by Secretary of the Army; annual report; jurisdiction of court