1995 US Code
Title 36 - PATRIOTIC SOCIETIES AND OBSERVANCES
CHAPTER 84 - NATIONAL FALLEN FIREFIGHTERS FOUNDATION
Sec. 5202 - Board of Directors

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§5202. Board of Directors (a) Establishment and membership (1) Voting members

The Foundation shall have a governing Board of Directors (hereafter in this chapter referred to as the “Board”), which shall consist of nine voting members, of whom—

(A) one member shall be an active volunteer firefighter;

(B) one member shall be an active career firefighter;

(C) one member shall be a Federal firefighter; and

(D) six members shall have a demonstrated interest in the fire service.

(2) Nonvoting member

The Administrator of the United States Fire Administration of the Federal Emergency Management Agency (hereafter in this chapter referred to as the “Administrator”) shall be an ex officio nonvoting member of the Board.

(3) Status of Board members

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.

(4) Compensation

Members of the Board shall serve without compensation.

(b) Appointment and terms

Within 3 months after October 26, 1992, the Administrator shall appoint the voting members of the Board. The voting members shall be appointed for terms of 6 years, except that the Administrator, in making the initial appointments to the Board, shall appoint—

(1) three members to a term of 2 years;

(2) three members to a term of 4 years; and

(3) three members to a term of 6 years.

(c) Vacancy

A vacancy on the Board shall be filled within 60 days in the manner in which the original appointment was made.

(d) Chairman

The Chairman shall be elected by the Board from its voting members for a 2-year term.

(e) Quorum

A majority of the current membership of the Board shall constitute a quorum for the transaction of business.

(f) Meetings

The Board shall meet at the call of the Chairman at least once a year. If a member of the Board misses three consecutive meetings, that individual may be removed from the Board and that vacancy filled in accordance with subsection (c) of this section.

(g) General powers (1) Actions by the Board

The Board may complete the organization of the Foundation by—

(A) appointing no more than two officers or employees;

(B) adopting a constitution and bylaws consistent with this chapter; and

(C) undertaking other such acts as may be necessary to carry out this chapter.

(2) Limitation

Officers and employees may not be appointed until the Foundation has sufficient funds to pay for their services.

(h) Officers and employees (1) Status

Officers and employees of the Foundation shall not be considered Federal employees, shall be appointed without regard to title 5 governing appointments in the competitive service, and may be paid without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

(2) Maximum salary

No officer or employee may receive pay in excess of the annual rate of basic pay prescribed for level GS–15 of the General Schedule under section 5107 of title 5.

(Pub. L. 102–522, title II, §203, Oct. 26, 1992, 106 Stat. 3417.)

References in Text

The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (h)(1), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.