§151303 — Title 36 Patriotic and National Observances | U.S. Code

Summary

The board of directors runs the corporation. The Administrator of the U.S. Fire Administration (part of FEMA) is a nonvoting member and picks the 12 voting members. The 12 voting members are one active volunteer firefighter, one active career firefighter, one U.S. Government firefighter, and nine people who are interested in the fire service. Voting members serve six-year terms (except the first group) with four terms ending every two years. Vacancies must be filled within 60 days the same way the original appointment was made. The board chooses a chair from the voting members for a two-year term. A majority of current members is needed for decisions. The chair must call at least one meeting a year. Missing three meetings in a row can lead to removal and a replacement. Board members are not federal employees, they are unpaid, and they are not personally liable unless they act with gross negligence.

Title 36, §151303

Patriotic and National Observances — Source: USLM XML via OLRC

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

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

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

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

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 105–225 Revised SectionSource (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. 105–354This 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 section 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.

§151303 Board of directors

Summary

Title 36, §151303

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Transfer of Functions

Transfer of Functions

Citations & Metadata