36 U.S.C. § 151304 — Officers and employees

Page 224 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 151304 (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 sen- tence) 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 pur- poses 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 ap- pointment 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 sub- sec. (f) and struck out heading and text of former sub- sec. (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 pur- pose 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 sub- secs. (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, pro- vided 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, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency 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 li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization 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, ex- cept 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. Page 225 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 151307 In subsection (b)(3), the words ‘‘relating to classifica- tion 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 Orga- nization 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 Construc- tion note preceding section 101 of this title. The subse- quent amendment made directly to this section by sec- tion 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 per- cent 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 no- ticed; and (3) do any other act necessary to carry out this chapter. (b) POWERS AS TRUSTEE.—To carry out its pur- poses, the corporation has the usual powers of a corporation acting as a trustee in Maryland, in- cluding the power— (1) to accept, receive, solicit, hold, admin- ister, and use any gift, devise, or bequest, ei- ther absolutely or in trust, of property or any income from or other interest in the property; (2) unless otherwise required by the instru- ment of transfer, to sell, donate, lease, invest, or otherwise dispose of any property or income from the property; (3) to make contracts and other arrange- ments with public agencies and private organi- zations 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 be- fore 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 con- sistency 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 pow- ers otherwise given it under this chapter’’ are omitted as unnecessary. In clause (1), the words ‘‘real or per- sonal’’ are omitted as unnecessary and for consistency in the revised title. In clause (4), the words ‘‘and com- plain and defend itself in any court of competent juris- diction’’ 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 provi- sions. § 151306. Principal office The principal office of the corporation shall be in Maryland. However, the corporation may con- duct 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 Ad- ministrator of the United States Fire Adminis- tration of the Federal Emergency Management Agency— (A) may provide personnel, facilities, and other administrative services to the corpora- tion; 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 Treas- ury to the credit of the appropriations then cur- rent 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 cor- poration. (b) ACCEPTANCE BY ADMINISTRATOR.—The Ad- ministrator may accept, without regard to chap- ters 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 com- pensation from the Administration.