§4216 — Title 50 War and National Defense | U.S. Code

Summary

Creates a nine-member Civil Liberties Public Education Fund Board to make payments from the Fund. The Board may only spend money to support research and public education about the evacuation, relocation, and internment of Japanese American citizens and permanent resident aliens, to publish and share the Commission’s hearings, findings, and recommendations, and to pay reasonable administrative costs (including those described in subsections (c)(3), (d), and (e)). The President appoints the 9 members with Senate approval. Members cannot be federal officers or employees. Most terms are 3 years, but at first five members serve 3 years and four serve 2 years; people filling vacancies serve the rest of the term. No one may serve more than two back-to-back terms. Members get no salary but can be reimbursed for travel and necessary expenses under section 5703 of title 5. Five members make a quorum, and fewer can still hold hearings. The Board elects its Chair and hires a Director and other staff. The Board can set staff pay and hire outside normal civil service rules, but pay cannot exceed the minimum rate for GS–18 under section 5332(a) of title 5. The General Services Administrator must provide requested administrative support for reimbursement. The Board may accept gifts. It must report to the President and Congress within 12 months after its first meeting and every 12 months after that. The Board ends 90 days after the Fund ends.

Title 50, §4216

War and National Defense — Source: USLM XML via OLRC

(a)There is established the Civil Liberties Public Education Fund Board of Directors, which shall be responsible for making disbursements from the Fund in the manner provided in this section.

(b)The Board may make disbursements from the Fund only—

(1)to sponsor research and public educational activities, and to publish and distribute the hearings, findings, and recommendations of the Commission, so that the events surrounding the evacuation, relocation, and internment of United States citizens and permanent resident aliens of Japanese ancestry will be remembered, and so that the causes and circumstances of this and similar events may be illuminated and understood; and

(2)for reasonable administrative expenses of the Board, including expenses incurred under subsections (c)(3), (d), and (e).

(c)(1)The Board shall be composed of 9 members appointed by the President, by and with the advice and consent of the Senate, from individuals who are not officers or employees of the United States Government.

(2)(A)Except as provided in subparagraphs (B) and (C), members shall be appointed for terms of 3 years.

(B)Of the members first appointed—

(i)5 shall be appointed for terms of 3 years, and

(ii)4 shall be appointed for terms of 2 years,

(C)Any member appointed to fill a vacancy occurring before the expiration of the term for which such member’s predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of such member’s term until such member’s successor has taken office. No individual may be appointed as a member for more than 2 consecutive terms.

(3)Members of the Board shall serve without pay, except that members of the Board shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions of the Board, in the same manner as persons employed intermittently in the United States Government are allowed expenses under section 5703 of title 5.

(4)5 members of the Board shall constitute a quorum but a lesser number may hold hearings.

(5)The Chair of the Board shall be elected by the members of the Board.

(d)(1)The Board shall have a Director who shall be appointed by the Board.

(2)The Board may appoint and fix the pay of such additional staff as it may require.

(3)The Director and the additional staff of the Board may be appointed without regard to section 5311(b) 11 See References in Text note below. of title 5 and without regard to the provisions of such title governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the compensation of any employee of the Board may not exceed a rate equivalent to the minimum rate of basic pay payable for GS–18 of the General Schedule under section 5332(a) of such title.

(e)The Administrator of General Services shall provide to the Board on a reimbursable basis such administrative support services as the Board may request.

(f)The Board may accept, use, and dispose of gifts or donations of services or property for purposes authorized under subsection (b).

(g)Not later than 12 months after the first meeting of the Board and every 12 months thereafter, the Board shall transmit to the President and to each House of the Congress a report describing the activities of the Board.

(h)90 days after the termination of the Fund, the Board shall terminate and all obligations of the Board under this section shall cease.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 5311(b) of title 5, referred to in subsec. (d)(3), was repealed by Pub. L. 101–509, title V, § 529 [title I, § 104(c)(1)], Nov. 5, 1990, 104 Stat. 1427, 1447. Codification Section was formerly classified to section 1989b–5 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

References in Other Laws to GS–16, 17, or 18 Pay RatesReferences 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.

§4216 Board of Directors of the Fund