36 U.S.C. § 151302 — Purposes

Page 222 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 151107 used for the purposes provided in section 151102 of this title or to produce income to be used for those purposes. (c) ANNUAL REPORT.—The corporation shall submit annually to the Secretary of Education a written report stating in detail for the prior year— (1) the real and personal property held by the corporation; (2) the income from the property; and (3) the expenditure or other use or disposi- tion of the property and income from the prop- erty. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1398.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 151106(a), (b). 36:5304 (words before last proviso). June 30, 1906, ch. 3929, § 4, 34 Stat. 805. 151106(c) ..... 36:5304 (last pro- viso). In subsections (a) and (b), the words ‘‘the purposes provided in section 151102 of this title’’ are substituted for ‘‘the educational or other purposes of the corpora- tion as aforesaid’’ and ‘‘educational purposes aforesaid’’ for clarity. The words ‘‘Provided, however, That this ex- emption shall not apply to any property of the corpora- tion which shall not be used for or the income of which shall not be applied to the educational purposes of the corporation’’ are omitted as unnecessary. In subsection (b), the words ‘‘and funds’’ are omitted as included in ‘‘personal property’’. The words ‘‘held’’ and ‘‘invested’’ are omitted as included in ‘‘used . . . to produce income’’. In subsection (c), the words ‘‘Secretary of Education’’ are substituted for ‘‘Commissioner of Education of the United States’’ because all functions of the Commis- sioner of Education have been transferred to the Sec- retary of Education as provided in 20:3441(a). Statutory Notes and Related Subsidiaries TAXATION OF REAL PROPERTY OF NEA IN DISTRICT OF COLUMBIA Pub. L. 105–277, div. A, § 101(c) [§ 147], Oct. 21, 1998, 112 Stat. 2681–121, 2681–145, provided that: ‘‘Notwith- standing any provision of any Federally-granted char- ter or any other provision of law, beginning with fiscal year 1999 and for each fiscal year hereafter, the real property of the National Education Association located in the District of Columbia shall be subject to taxation by the District of Columbia in the same manner as any similar organization.’’ § 151107. Principal office The principal office of the corporation shall be in the District of Columbia. However, the activi- ties of the corporation may be conducted, and offices may be maintained, throughout the United States in accordance with the bylaws. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1398.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 151107 ......... 36:5308. June 30, 1906, ch. 3929, § 8, 34 Stat. 807; June 14, 1937, ch. 336, § 4, 50 Stat. 258. The words ‘‘activities of the corporation may be con- ducted’’ are substituted for ‘‘meetings of the corpora- tion, its officers, committees, and departments, may be held, and . . . its business may be transacted’’ for con- sistency in the revised title and to eliminate unneces- sary words. § 151108. Nonapplication of audit requirements The audit requirements of section 10101 of this title do not apply to the corporation. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1399.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 151108 ......... (no source). This section is added to except the National Edu- cation Association of the United States from the appli- cation of section 10101 of the revised title, restating 36:1101–1103, which imposes audit requirements on cer- tain federally chartered corporations. The Association is not included in the list of corporations set out in 36:1101 to which the audit requirements apply. CHAPTER 1513—NATIONAL FALLEN FIREFIGHTERS FOUNDATION Sec. 151301. Organization. 151302. Purposes. 151303. Board of directors. 151304. Officers and employees. 151305. Powers. 151306. Principal office. 151307. Provision and acceptance of support by Ad- ministrator. 151308. Service of process. 151309. Civil action by Attorney General for equi- table relief. 151310. Immunity of United States Government. 151311. Annual report. § 151301. Organization (a) FEDERAL CHARTER.—National Fallen Fire- fighters Foundation (in this chapter, the ‘‘cor- poration’’) is a federally chartered corporation. (b) NATURE OF CORPORATION AND PLACE OF IN- CORPORATION.—The corporation is a charitable and nonprofit corporation incorporated under the laws of Maryland and is not an agency or es- tablishment of the United States Government. (c) PERPETUAL EXISTENCE.—Except as other- wise provided, the corporation has perpetual ex- istence. (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 sen- tence). Oct. 26, 1992, Pub. L. 102–522, title II, §§ 202(a), 204(a)(1), 106 Stat. 3417, 3419. 151301(b) ..... 36:5201(a) (last sen- tence). 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 pro- vided’’ are added, and the word ‘‘existence’’ is sub- stituted for ‘‘succession’’, for consistency in the revised title. § 151302. Purposes The purposes of the corporation are— Page 223 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 151303 (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 memo- rial 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 finan- cial assistance for educational purposes and job training for the spouses and children of fallen firefighters; (5) to provide for a national program to as- sist families of fallen firefighters and fire de- partments in dealing with line-of-duty deaths of those firefighters; and (6) to promote national, State, and local ini- tiatives 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 Construc- tion note preceding section 101 of this title. The subse- quent 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 serv- ice referred to in subparagraph (A)’’ were used instead of ‘‘plan, direct, and manage the memorial service re- ferred 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 pri- vate 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 Fed- eral’’ after ‘‘non-Federal’’. Par. (3). Pub. L. 106–503, § 113(a)(3), substituted ‘‘Fed- eral, State, and local’’ for ‘‘State and local’’ and struck out ‘‘and’’ after semicolon. Par. (4). Pub. L. 106–503, § 113(a)(4), substituted semi- colon 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 Amer- ican 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 re- spond 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 mate- rials, natural disaster, act of terrorism, or transpor- tation accident; ‘‘Whereas approximately one-third of all active fire and emergency personnel suffer debilitating injuries an- nually; and ‘‘Whereas approximately 100 fire and emergency serv- ices 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 Em- mitsburg, Maryland.’’ § 151303. Board of directors (a) GENERAL.—The board of directors is the governing body of the corporation. (b) MEMBERS AND APPOINTMENT.—(1) The Ad- ministrator of the United States Fire Adminis- tration 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 vot- ing members: (A) one active volunteer firefighter; (B) one active career firefighter; (C) one United States Government fire- fighter; and (D) nine individuals who have a dem- onstrated 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 with- in 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 mem- bership 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 meet- ings, that member may be removed from the board and that vacancy may be filled as pro- vided in subsection (b)(4) of this section. (f) STATUS AND COMPENSATION.— (1) Appointment to the board shall not con- stitute employment by or the holding of an of- fice of the United States.