CHAPTER 1513—NATIONAL FALLEN FIREFIGHTERS FOUNDATION

        

§151301. Organization

(a) Federal Charter.—National Fallen Firefighters Foundation (in this chapter, the "corporation") is a federally chartered corporation.

(b) Nature of Corporation and Place of Incorporation.—The corporation is a charitable and nonprofit corporation incorporated under the laws of Maryland and is not an agency or establishment of the United States Government.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1399.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
151301(a)	36:5201(a) (1st sentence).	Oct. 26, 1992, Pub. L. 102–522, title II, §§202(a), 204(a)(1), 106 Stat. 3417, 3419.
151301(b)	36:5201(a) (last sentence).
151301(c)	36:5203(a)(1).

Subsection (a) is substituted for "There is established the National Fallen Firefighters Foundation (hereafter in this chapter referred to as the 'Foundation')" for consistency in the revised title.

In subsection (c), the words "Except as otherwise provided" are added, and the word "existence" is substituted for "succession", for consistency in the revised title.

§151302. Purposes

The purposes of the corporation are—

(1) primarily—

(A) to encourage, accept, and administer private gifts of property for the benefit of the National Fallen Firefighters' Memorial and the annual memorial service associated with the memorial; and

(B) to, in coordination with the Federal Government and fire services (as that term is defined in section 4 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203)), plan, direct, and manage the memorial service referred to in subparagraph (A);

(2) to provide financial assistance to families of fallen firefighters for transportation to and lodging at non-Federal and Federal facilities during the annual memorial service;

(3) to assist Federal, State, and local efforts to recognize firefighters who die in the line of duty;

(4) to provide scholarships and other financial assistance for educational purposes and job training for the spouses and children of fallen firefighters;

(5) to provide for a national program to assist families of fallen firefighters and fire departments in dealing with line-of-duty deaths of those firefighters; and

(6) to promote national, State, and local initiatives to increase public awareness of fire and life safety.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1399; Pub. L. 106–503, title I, §113(a), Nov. 13, 2000, 114 Stat. 2303.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
151302	36:5201(b).	Oct. 26, 1992, Pub. L. 102–522, title II, §202(b), 106 Stat. 3417.

Editorial Notes

Codification

Section 5201(b) of former Title 36, from which this section was derived, was amended after the Aug. 15, 1997, cutoff date by Pub. L. 105–276, title IV, §427(a), Oct. 21, 1998, 112 Stat. 2510, see section 5(a) of Pub. L. 105–225, set out as a Legislative Purpose and Construction note preceding section 101 of this title. The subsequent amendment made directly to this section by Pub. L. 106–503 replicated the prior amendment made by Pub. L. 105–276, with the exception that in par. (1)(B), the words "plan, direct, and manage the memorial service referred to in subparagraph (A)" were used instead of "plan, direct, and manage the memorial service referred to in subparagraph (A) and related activities".

Amendments

2000—Par. (1). Pub. L. 106–503, §113(a)(1) added par. (1) and struck out former par. (1) which read as follows: "primarily to encourage, accept, and administer private gifts of property for the benefit of the National Fallen Firefighters' Memorial and the annual memorial service associated with it;".

Par. (2). Pub. L. 106–503, §113(a)(2), inserted "and Federal" after "non-Federal".

Par. (3). Pub. L. 106–503, §113(a)(3), substituted "Federal, State, and local" for "State and local" and struck out "and" after semicolon.

Par. (4). Pub. L. 106–503, §113(a)(4), substituted semicolon for period at end.

Pars. (5), (6). Pub. L. 106–503, §113(a)(5), added pars. (5) and (6).

Statutory Notes and Related Subsidiaries

Lowering of Flag in Honor of National Fallen Firefighters Memorial Service

Pub. L. 107–51, Oct. 16, 2001, 115 Stat. 267, provided that:

"Whereas 1,200,000 men and women comprise the American fire and emergency services;

"Whereas the fire and emergency services is considered one of the most dangerous jobs in the United States;

"Whereas fire and emergency services personnel respond to over 16 million emergency calls annually, without reservation and with little regard for their personal safety;

"Whereas fire and emergency services personnel are the first to respond to an emergency, whether it involves a fire, medical emergency, spill of hazardous materials, natural disaster, act of terrorism, or transportation accident;

"Whereas approximately one-third of all active fire and emergency personnel suffer debilitating injuries annually; and

"Whereas approximately 100 fire and emergency services personnel die annually in the line of duty: Now, therefore, be it

"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That each year, the American flags on all Federal office buildings will be lowered to half-staff in honor of the National Fallen Firefighters Memorial Service in Emmitsburg, Maryland."

§151303. Board of directors

(a) General.—The board of directors is the governing body of the corporation.

(b) Members and Appointment.—(1) The Administrator of the United States Fire Administration of the Federal Emergency Management Agency is an ex officio nonvoting member of the board. The Administrator appoints the voting members of the board.

(2) The board consists of the following 12 voting members:

(A) one active volunteer firefighter;

(B) one active career firefighter;

(C) one United States Government firefighter; and

(D) nine individuals who have a demonstrated interest in the fire service.

(3) The terms of office of the voting members are 6 years (except for the initial members). The terms shall be staggered so that the terms of 4 members expire every 2 years.

(4) A vacancy on the board shall be filled within 60 days in the manner in which the original appointment was made.

(c) Chairman.—The chairman shall be elected by the board from its voting members for a 2-year term.

(d) Quorum.—A majority of the current membership of the board is a quorum.

(e) Meetings.—The board shall meet at the call of the chairman at least once a year. If a member of the board misses 3 consecutive meetings, that member may be removed from the board and that vacancy may be filled as provided in subsection (b)(4) of this section.

(f) Status and Compensation.—

(1) Appointment to the board shall not constitute employment by or the holding of an office of the United States.

(2) Members of the board shall serve without compensation.

(g) Liability.—Members of the board are not personally liable, except for gross negligence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1399; Pub. L. 105–354, §1(8), Nov. 3, 1998, 112 Stat. 3244; Pub. L. 106–503, title I, §113(b), Nov. 13, 2000, 114 Stat. 2304; Pub. L. 108–169, title II, §206(a), Dec. 6, 2003, 117 Stat. 2040; Pub. L. 109–284, §5(9), Sept. 27, 2006, 120 Stat. 1212.)

Historical and Revision Notes
Pub. L. 105–225

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
151303(a)	36:5202(a)(1) (words before 1st comma).	Oct. 26, 1992, Pub. L. 102–522, title II, §§203(a)–(f), 204(c)(2) (words after 2d comma), 106 Stat. 3417, 3419.
151303(b)	36:5202(a)(1) (words after 1st comma), (2), (b), (c).
151303(c)	36:5202(d).
151303(d)	36:5202(e).
151303(e)	36:5202(f).
151303(f)	36:5202(a)(3), (4).
151303(g)	36:5203(c)(2) (words after 2d comma).

Subsection (a) is substituted for "The Foundation shall have a governing Board of Directors (hereafter in this chapter referred to as the 'Board')" for consistency in the revised title and to eliminate unnecessary words.

In subsection (b)(1), the words "(hereafter in this chapter referred to as the 'Administrator')" in 36:5202(a)(2) are omitted as unnecessary. The words "Within 3 months after October 26, 1992" in 36:5202(b) are omitted as obsolete.

Subsection (b)(3) is substituted for 36:5202(b) (last sentence) to eliminate obsolete and unnecessary words.

In subsection (d), the words "for the transaction of business" are omitted as unnecessary.

Subsection (f)(1) is substituted for "Appointment to the Board shall not constitute employment by, or the holding of an office of, the United States for the purposes of any Federal law" to eliminate unnecessary words.

Pub. L. 105–354

This amends subsections (f) and (g) of section 151303 of title 36, as enacted by section 1 of Public Law 105–225 (Aug. 12, 1998, 112 Stat. 1400). The amendment clarifies the restatement of 36:5202(a)(3) by making it clear that appointment to the board of directors of the National Fallen Firefighters Foundation does not constitute appointment as an officer or employee of the United States Government for the purpose of any law of the United States.

Editorial Notes

Amendments

2006—Subsec. (c). Pub. L. 109–284 substituted "The chairman" for "The Chairman".

2003—Subsec. (b)(2). Pub. L. 108–169, §206(a)(1), (2), substituted "12" for "9" in introductory provisions and "nine" for "six" in subpar. (D).

Subsec. (b)(3). Pub. L. 108–169, §206(a)(3), substituted "4 members" for "3 members".

2000—Subsec. (f). Pub. L. 106–503, §113(b)(1), added subsec. (f) and struck out heading and text of former subsec. (f). Text read as follows: "Appointment to the board does not constitute appointment as an officer or employee of the United States Government for the purpose of any law of the United States."

Subsecs. (g), (h). Pub. L. 106–503, §113(b), redesignated subsec. (h) as (g) and struck out heading and text of former subsec. (g). Text read as follows: "Members of the board serve without compensation."

1998—Subsecs. (f) to (h). Pub. L. 105–354 amended subsecs. (f) and (g) generally and added subsec. (h). Prior to amendment, subsecs. (f) and (g) read as follows:

"(f) Status and Compensation.—Members of the board—

"(1) are not officers or employees of the United States Government; and

"(2) serve without compensation.

"(g) Liability of Directors.—Members of the board are not personally liable, except for gross negligence."

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–354, §3, Nov. 3, 1998, 112 Stat. 3245, provided that: "The amendment made by section 1(8) of this Act [amending this section] shall take effect as if included in the provisions of Public Law 105–225, as of the date of enactment of Public Law 105–225 [Aug. 12, 1998]."

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§151304. Officers and employees

(a) Appointment.—The board of directors may appoint officers or employees, but only after the corporation has sufficient funds to pay for their services.

(b) Status and Compensation.—Officers and employees of the corporation—

(1) shall not be considered employees of the United States Government;

(2) shall be appointed without regard to the provisions of title 5 governing appointments in the competitive service; and

(3) may be paid without regard to chapter 51 and subchapter III of chapter 53 of title 5, except that an officer or employee may not be paid more than 15 percent above the annual rate of basic pay for level GS–15 of the General Schedule under section 5107 of title 5.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1400; Pub. L. 106–503, title I, §113(c), Nov. 13, 2000, 114 Stat. 2304; Pub. L. 108–169, title II, §206(b), Dec. 6, 2003, 117 Stat. 2040.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
151304(a)	36:5202(g)(1)(A), (2).	Oct. 26, 1992, Pub. L. 102–522, title II, §203(g)(1)(A), (2), (h), 106 Stat. 3418.
151304(b)	36:5202(h).

Subsection (a) is substituted for the source provisions for clarity.

In subsection (b)(3), the words "relating to classification and General Schedule pay rates" are omitted as unnecessary.

Editorial Notes

References in Text

The General Schedule, referred to in subsec. (b)(3), is set out under section 5332 of Title 5, Government Organization and Employees.

Codification

Section 5202(g)(1) of former Title 36, from which this section was derived, was amended after the Aug. 15, 1997, cutoff date by Pub. L. 105–276, title IV, §427(b), Oct. 21, 1998, 112 Stat. 2511, see section 5(a) of Pub. L. 105–225, set out as a Legislative Purpose and Construction note preceding section 101 of this title. The subsequent amendment made directly to this section by section 113(c)(1) of Pub. L. 106–503 replicated the prior amendment made by Pub. L. 105–276.

Amendments

2003—Subsec. (b)(3). Pub. L. 108–169 inserted "15 percent above" after "more than".

2000—Subsec. (a). Pub. L. 106–503, §113(c)(1), struck out "not more than 2" after "appoint".

Subsec. (b)(1). Pub. L. 106–503, §113(c)(2), substituted "shall not be considered" for "are not".

§151305. Powers

(a) General.—The corporation may—

(1) adopt a constitution and bylaws;

(2) adopt a seal which shall be judicially noticed; and

(3) do any other act necessary to carry out this chapter.

(b) Powers as Trustee.—To carry out its purposes, the corporation has the usual powers of a corporation acting as a trustee in Maryland, including the power—

(1) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of property or any income from or other interest in the property;

(2) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, or otherwise dispose of any property or income from the property;

(3) to make contracts and other arrangements with public agencies and private organizations and persons and to make payments necessary to carry out its functions;

(4) to sue and be sued; and

(5) to do any other act necessary and proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1400; Pub. L. 105–354, §1(9), Nov. 3, 1998, 112 Stat. 3244.)

Historical and Revision Notes
Pub. L. 105–225

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
151305(a)	36:5202(g)(1)(B), (C).	Oct. 26, 1992, Pub. L. 102–522, title II, §§203(g)(1)(B), (C), 204(b), (c)(1), (2) (words before 2d comma), (3)–(5), 106 Stat. 3418, 3419.
	36:5203(b).
151305(b)	36:5203(c)(1), (2) (words before 2d comma), (3)–(5).

Subsection (a)(1) is substituted for 36:5202(g)(1)(B) for consistency in the revised title. The words "consistent with this chapter" are omitted as unnecessary.

Subsection (a)(2) is substituted for 36:5203(b) for consistency in the revised title.

Subsection (a)(3) is substituted for 36:5202(g)(1)(C) for consistency in the revised title.

In subsection (b), before clause (1), the words "under section 5201 of this title" and "in addition to the powers otherwise given it under this chapter" are omitted as unnecessary. In clause (1), the words "real or personal" are omitted as unnecessary and for consistency in the revised title. In clause (4), the words "and complain and defend itself in any court of competent jurisdiction" are omitted as unnecessary. In clause (5), the words "any other act" are substituted for "any and all acts" to eliminate unnecessary words.

Pub. L. 105–354

This amends section 151305(b) of title 36 to correct an inconsistency in the revised title.

Editorial Notes

Amendments

1998—Subsec. (b). Pub. L. 105–354 struck out "the State of" before "Maryland" in introductory provisions.

§151306. Principal office

The principal office of the corporation shall be in Maryland. However, the corporation may conduct business throughout the States, territories, and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
151306	36:5203(a)(2), (3).	Oct. 26, 1992, Pub. L. 102–522, title II, §204(a)(2), (3), 106 Stat. 3419.

This section is substituted for the source provisions for consistency in the revised title.

§151307. Provision and acceptance of support by Administrator

(a) Provision by Administrator.—(1) The Administrator of the United States Fire Administration of the Federal Emergency Management Agency—

(A) may provide personnel, facilities, and other administrative services to the corporation; and

(B) may require and accept reimbursements for these personnel, facilities, and services.

(2) Reimbursements under paragraph (1) of this subsection shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing the services.

(3) Notwithstanding any other law, United States Government personnel and stationery may not be used to solicit funding for the corporation.

(b) Acceptance by Administrator.—The Administrator may accept, without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5 and related regulations, the services of the corporation and its directors, officers, and employees as volunteers in performing functions authorized under this chapter, without compensation from the Administration.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401; Pub. L. 106–503, title I, §113(d), Nov. 13, 2000, 114 Stat. 2304; Pub. L. 108–169, title II, §206(c), Dec. 6, 2003, 117 Stat. 2041.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
151307(a)	36:5204.	Oct. 26, 1992, Pub. L. 102–522, title II, §§205, 206, 106 Stat. 3419.
151307(b)	36:5205.

In subsection (b), the words "chapters 33 and 51 and subchapter III of chapter 53 of title 5 and related regulations" are substituted for "the Federal civil service classification laws, rules, or regulations" for consistency in the revised title and with other titles of the United States Code.

Editorial Notes

Codification

Section 5204 of former Title 36, from which subsec. (a) of this section was derived, was amended generally after the Aug. 15, 1997, cutoff date by Pub. L. 105–276, title IV, §427(c), Oct. 21, 1998, 112 Stat. 2511, see section 5(a) of Pub. L. 105–225, set out as a Legislative Purpose and Construction note preceding section 101 of this title. The subsequent amendment made directly to this section by Pub. L. 106–503 replicated the prior amendment made by Pub. L. 105–276, with the following exceptions—(1) in the introductory provisions of subsec. (a)(1), the words "During the 10-year period beginning on the date of the enactment of the Fire Administration Authorization Act of 2000" were used instead of "During the 10-year period beginning on the date of the enactment of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999", (2) in subsec. (a)(1)(A), the words "other administrative services to" were used instead of "other required services for the operation of", and (3) in subsec. (a)(1)(B), the words "may require and accept reimbursements" were used instead of "may accept reimbursement".

Amendments

2003—Subsec. (a)(1). Pub. L. 108–169 substituted "The" for "During the 10-year period beginning on the date of the enactment of the Fire Administration Authorization Act of 2000, the".

2000—Subsec. (a)(1). Pub. L. 106–503, §113(d)(1), substituted "During the 10-year period beginning on the date of the enactment of the Fire Administration Authorization Act of 2000, the Administrator" for "The Administrator" in introductory provisions.

Subsec. (a)(1)(B). Pub. L. 106–503, §113(d)(2), substituted "may" for "shall".

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§151308. Service of process

The corporation shall have a designated agent to receive service of process for the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
151308	36:5203(a)(4).	Oct. 26, 1992, Pub. L. 102–522, title II, §204(a)(4), 106 Stat. 3419.

The words "at all times" are omitted as unnecessary and for consistency in the revised title. The word "have" is substituted for "maintain" for consistency in the revised title.

§151309. Civil action by Attorney General for equitable relief

The Attorney General may bring a civil action in the United States District Court for the District of Columbia for appropriate equitable relief if the corporation—

(1) engages or threatens to engage in any act, practice, or policy that is inconsistent with the purposes in section 151302 of this title; or

(2) refuses, fails, or neglects to carry out its obligations under this chapter or threatens to do so.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
151309	36:5206(c).	Oct. 26, 1992, Pub. L. 102–522, title II, §207(c), 106 Stat. 3420.

Before clause (1), the words "bring a civil action" are substituted for "petition" for consistency in the revised title and with other titles of the United States Code. The words "appropriate equitable relief" are substituted for "such equitable relief as may be necessary or appropriate" to eliminate unnecessary words.

§151310. Immunity of United States Government

The United States Government is not liable for any debts, defaults, acts, or omissions of the corporation. The full faith and credit of the Government does not extend to any obligation of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
151310	36:5207.	Oct. 26, 1992, Pub. L. 102–522, title II, §208, 106 Stat. 3420.

§151311. Annual report

Not later than 4 months after the end of each fiscal year, the corporation shall submit a report to the appropriate committees of Congress on the activities of the corporation during the prior fiscal year, including a complete statement of its receipts, expenditures, and investments.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
151311	36:5206(b).	Oct. 26, 1992, Pub. L. 102–522, title II, §207(b), 106 Stat. 3420.

The word "proceedings" is omitted for consistency in the revised title.