Collapse to view only § 151308. Service of process
- § 151301. Organization
- § 151302. Purposes
- § 151303. Board of directors
- § 151304. Officers and employees
- § 151305. Powers
- § 151306. Principal office
- § 151307. Provision and acceptance of support by Administrator
- § 151308. Service of process
- § 151309. Civil action by Attorney General for equitable relief
- § 151310. Immunity of United States Government
- § 151311. Annual report
§ 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.)
§ 151302. PurposesThe 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)