U.S. Code Title 15, Chapter 49 - Fire Prevention and Control

§ 2103

TITLE 15—COMMERCE AND TRADE

title, any interested person may commence a
civil action for injunctive relief restraining such
violation, and for damages, in any United States
District Court for a district in which the defendant resides or has an agent. In any such action,
the court may award the costs of the suit, including reasonable attorneys’ fees.
(Pub. L. 93–167, § 3, Nov. 29, 1973, 87 Stat. 686.)
§ 2103. Enforcement by Federal Trade Commission
(a) Statutory authority
Except as provided in section 2102 of this title,
this chapter shall be enforced by the Federal
Trade Commission under the Federal Trade
Commission Act [15 U.S.C. 41 et seq.].
(b) Incorporation of Federal Trade Commission
Act provisions
The Commission shall prevent any person
from violating the provisions of this chapter in
the same manner, by the same means, and with
the same jurisdiction, powers, and duties as
though all applicable terms and provisions of
the Federal Trade Commission Act [15 U.S.C. 41
et seq.] were incorporated into and made a part
of this chapter; and any such person violating
the provisions of this chapter shall be subject to
the penalties and entitled to the privileges and
immunities provided in said Federal Trade Commission Act, in the same manner, by the same
means, and with the same jurisdiction, powers,
and duties as though the applicable terms and
provisions of the said Federal Trade Commission
Act were incorporated into and made a part of
this chapter.
(Pub. L. 93–167, § 4, Nov. 29, 1973, 87 Stat. 686.)
REFERENCES IN TEXT
The Federal Trade Commission Act, referred to in
text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (§ 41 et
seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title
and Tables.

§ 2104. Imports
Any item imported into the United States in
violation of section 2101(a) or (b) of this title or
regulations under section 2101(c) of this title
shall be subject to seizure and forfeiture under
the customs laws.
(Pub. L. 93–167, § 5, Nov. 29, 1973, 87 Stat. 687.)
§ 2105. Application of other laws
The provisions of this chapter are in addition
to, and not in substitution for or limitation of,
the provisions of any other law of the United
States or of the law of any State.
(Pub. L. 93–167, § 6, Nov. 29, 1973, 87 Stat. 687.)
§ 2106. Definitions
For purposes of this chapter:
(1) The term ‘‘original political item’’ means
any political button, poster, literature, sticker, or any advertisement produced for use in
any political cause.
(2) The term ‘‘imitation political item’’
means an item which purports to be, but in

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fact is not, an original political item, or which
is a reproduction, copy, or counterfeit of an
original political item.
(3) The term ‘‘original numismatic item’’
means anything which has been a part of a
coinage or issue which has been used in exchange or has been used to commemorate a
person or event. Such term includes coins, tokens, paper money, and commemorative medals.
(4) The term ‘‘imitation numismatic item’’
means an item which purports to be, but in
fact is not, an original numismatic item or
which is a reproduction, copy, or counterfeit
of an original numismatic item.
(5) The term ‘‘commerce’’ has the same
meaning as such term has under the Federal
Trade Commission Act [15 U.S.C. 41 et seq.].
(6) The term ‘‘Commission’’ means the Federal Trade Commission.
(7) The term ‘‘United States’’ means the
States, the District of Columbia, and the Commonwealth of Puerto Rico.
(Pub. L. 93–167, § 7, Nov. 29, 1973, 87 Stat. 687.)
REFERENCES IN TEXT
The Federal Trade Commission Act, referred to in
par. (5), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as
amended, which is classified generally to subchapter I
(§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this
title and Tables.

CHAPTER 49—FIRE PREVENTION AND
CONTROL
Sec.

2201.
2202.
2203.
2204.
2205.
2206.

Congressional findings.
Declaration of purpose.
Definitions.
United States Fire Administration.
Public education.
National Academy for Fire Prevention and
Control.
2207.
Fire technology.
2208.
National Fire Data Center.
2209.
Master plans.
2210.
Reimbursement for costs of firefighting on
Federal property.
2211.
Review of fire prevention codes.
2212.
Fire safety effectiveness statements.
2213.
Annual conference.
2214.
Public safety awards.
2215.
Reports to Congress and President.
2216.
Authorization of appropriations.
2217.
Public access to information.
2218.
Administrative provisions.
2219.
Assistance to Consumer Product Safety Commission.
2220.
Arson prevention, detection, and control.
2221.
Arson prevention grants.
2222, 2223. Repealed.
2223a.
Review.
2223b.
Working group.
2223c.
Report and recommendations.
2223d.
Annual revision of recommendations.
2223e.
‘‘Emergency response personnel’’ defined.
2224.
Listings of places of public accommodation.
2225.
Fire prevention and control guidelines for
places of public accommodation.
2225a.
Prohibiting Federal funding of conferences
held at non-certified places of public accommodation.
2226.
Dissemination of fire prevention and control
information.
2227.
Fire safety systems in federally assisted
buildings.

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TITLE 15—COMMERCE AND TRADE

Sec.

2228.
2229.
2229a.
2230.
2231.
2232.
2233.

2234.

CPR training.
Firefighter assistance.
Expansion of pre-September 11, 2001, fire
grant program.
Surplus and excess Federal equipment.
Cooperative agreements with Federal facilities.
Burn research.
Removal of civil liability barriers that discourage the donation of fire equipment to
volunteer fire companies.
Encouraging adoption of standards for firefighter health and safety.

§ 2201. Congressional findings
The Congress finds that—
(1) The National Commission on Fire Prevention and Control, established pursuant to
Public Law 90–259, has made an exhaustive and
comprehensive examination of the Nation’s
fire problem, has made detailed findings as to
the extent of this problem in terms of human
suffering and loss of life and property, and has
made ninety thoughtful recommendations.
(2) The United States today has the highest
per capita rate of death and property loss from
fire of all the major industrialized nations in
the world.
(3) Fire is an undue burden affecting all
Americans, and fire also constitutes a public
health and safety problem of great dimensions. Fire kills 12,000 and scars and injures
300,000 Americans each year, including 50,000
individuals who require extended hospitalization. Almost $3 billion worth of property is destroyed annually by fire, and the total economic cost of destructive fire in the United
States is estimated conservatively to be
$11,000,000,000 per year. Firefighting is the Nation’s most hazardous profession.
(4) Such losses of life and property from fire
are unacceptable to the Congress.
(5) While fire prevention and control is and
should remain a State and local responsibility,
the Federal Government must help if a significant reduction in fire losses is to be achieved.
(6) The fire service and the civil defense program in each locality would both benefit from
closer cooperation.
(7) The Nation’s fire problem is exacerbated
by (A) the indifference with which some Americans confront the subject; (B) the Nation’s
failure to undertake enough research and development into fire and fire-related problems;
(C) the scarcity of reliable data and information; (D) the fact that designers and purchasers of buildings and products generally
give insufficient attention to fire safety; (E)
the fact that many communities lack adequate building and fire prevention codes; and
(F) the fact that local fire departments spend
about 95 cents of every dollar appropriated to
the fire services on efforts to extinguish fires
and only about 5 cents on fire prevention.
(8) There is a need for improved professional
training and education oriented toward improving the effectiveness of the fire services,
including an increased emphasis on preventing
fires and on reducing injuries to firefighters.
(9) A national system for the collection,
analysis, and dissemination of fire data is

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needed to help local fire services establish research and action priorities.
(10) The number of specialized medical centers which are properly equipped and staffed
for the treatment of burns and the rehabilitation of victims of fires is inadequate.
(11) The unacceptably high rates of death,
injury, and property loss from fire can be reduced if the Federal Government establishes a
coordinated program to support and reinforce
the fire prevention and control activities of
State and local governments.
(Pub. L. 93–498, § 2, Oct. 29, 1974, 88 Stat. 1535.)
REFERENCES IN TEXT
The National Commission on Fire Prevention and
Control, established pursuant to Public Law 90–259, referred to in par. (1), refers to the Commission established pursuant to Pub. L. 90–259, title II, §§ 201–207,
Mar. 1, 1968, 82 Stat. 36, which provisions were set out
as a note under section 278f of this title. The Commission has expired pursuant to sections 203(c) and 207 of
Pub. L. 90–259.
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–376, § 1, Oct. 8, 2008, 122 Stat. 4056, provided
that: ‘‘This subtitle [probably should be ‘‘This Act’’,
enacting section 2234 of this title, amending sections
2203, 2206 to 2208, 2216, and 2218 of this title and section
321d of Title 6, Domestic Security, and enacting provisions set out as a note under this section] may be cited
as the ‘United States Fire Administration Reauthorization Act of 2008’.’’
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–375, div. C, title XXXVI, § 3601, Oct. 28,
2004, 118 Stat. 2195, provided that: ‘‘This title [amending
section 2229 of this title] may be cited as the ‘Assistance to Firefighters Grant Program Reauthorization
Act of 2004’.’’
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108–169, title I, § 101, Dec. 6, 2003, 117 Stat. 2036,
provided that: ‘‘This title [amending section 2216 of this
title and enacting provisions set out as a note under
section 2204 of this title] may be cited as the ‘United
States Fire Administration Reauthorization Act of
2003’.’’
Pub. L. 108–169, title II, § 201, Dec. 6, 2003, 117 Stat.
2036, provided that: ‘‘This title [amending sections 2206,
2207, 2209, and 2229 of this title and sections 151303,
151304, and 151307 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations, and enacting
provisions set out as notes under section 2206 of this
title] may be cited as the ‘Firefighting Research and
Coordination Act’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–503, title I, § 101, Nov. 13, 2000, 114 Stat.
2298, provided that: ‘‘This title [enacting sections 2230
and 2231 of this title, amending sections 1511, 2203, 2204,
2206, 2209, 2210, 2214 to 2218 and 2220 of this title, sections 151302 to 151304 and 151307 of Title 36, Patriotic
and National Observances, Ceremonies, and Organizations, and section 290a of Title 42, The Public Health
and Welfare, and repealing sections 2222 and 2223 of this
title] may be cited as the ‘Fire Administration Authorization Act of 2000’.’’
SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105–108, § 1, Nov. 20, 1997, 111 Stat. 2264, provided that: ‘‘This Act [amending sections 2216, 2225, and
2227 of this title and enacting provisions set out as
notes under sections 2204 and 2218 of this title] may be
cited as the ‘United States Fire Administration Authorization Act for Fiscal Years 1998 and 1999’.’’

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TITLE 15—COMMERCE AND TRADE
SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103–254, § 1, May 19, 1994, 108 Stat. 679, provided
that: ‘‘This Act [enacting sections 2221 and 2228 of this
title, amending sections 2216, 2220, and 2227 of this title,
and enacting provisions set out as notes under this section and section 2216 of this title] may be cited as the
‘Arson Prevention Act of 1994’.’’
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101–391, § 1, Sept. 25, 1990, 104 Stat. 747, provided that: ‘‘This Act [enacting sections 2224, 2225, 2225a
and 2226 of this title and section 5707a of Title 5, Government Organization and Employees, amending section 2203 of this title and sections 5701 and 5707 of Title
5, and enacting provisions set out as notes under this
section and sections 5707 and 5707a of Title 5] may be
cited as the ‘Hotel and Motel Fire Safety Act of 1990’.’’
SHORT TITLE
Section 1 of Pub. L. 93–498 provided: ‘‘That this Act
[enacting this chapter and section 290a of Title 42, The
Public Health and Welfare, amending sections 278f and
1511 of this title, and repealing section 278g of this
title] may be cited as the ‘Federal Fire Prevention and
Control Act of 1974’.’’
STUDY ON NEED FOR FEDERAL ASSISTANCE TO STATE
AND LOCAL COMMUNITIES TO FUND FIREFIGHTING AND
EMERGENCY RESPONSE ACTIVITIES
Pub. L. 106–398, § 1 [[div. A], title XVII, § 1701(b)], Oct.
30, 2000, 114 Stat. 1654, 1654A–363, required the Director
of the Federal Emergency Management Agency to conduct a study in conjunction with the National Fire Protection Association related to the activities and needs
of the fire services and submit a report on the results
of the study to Congress within 18 months of Oct. 30,
2000.
LOCAL FIREFIGHTER AND EMERGENCY SERVICES
TRAINING
Pub. L. 104–132, title VIII, § 819, Apr. 24, 1996, 110 Stat.
1316, as amended by Pub. L. 109–295, title VI, § 612(c),
Oct. 4, 2006, 120 Stat. 1410, provided that:
‘‘(a) GRANT AUTHORIZATION.—The Attorney General,
in consultation with the Administrator of the Federal
Emergency Management Agency, may make grants to
provide specialized training and equipment to enhance
the capability of metropolitan fire and emergency service departments to respond to terrorist attacks.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated for fiscal year 1997,
$5,000,000 to carry out this section.’’
ARSON PREVENTION AND CONTROL; CONGRESSIONAL
FINDINGS
Pub. L. 103–254, § 2, May 19, 1994, 108 Stat. 679, provided
that: ‘‘Congress finds that—
‘‘(1) arson is a serious and costly problem, and is responsible for approximately 25 percent of all fires in
the United States;
‘‘(2) arson is a leading cause of fire deaths, accounting for approximately 700 deaths annually in the
United States, and is the leading cause of property
damage due to fire in the United States;
‘‘(3) estimates of arson property losses are in the
range of $2,000,000,000 annually, or approximately 1 of
every 4 dollars lost to fire;
‘‘(4) the incidence of arson in the United States is
seriously underreported, in part because of the lack
of adequate participation by local jurisdictions in the
National Fire Incident Reporting System (NFIRS)
and the Uniform Crime Reporting (UCR) program;
‘‘(5) there is a need for expanded training programs
for arson investigators;
‘‘(6) there is a need for improved programs designed
to enable volunteer firefighters to detect arson
crimes and to preserve evidence vital to the investigation and prosecution of arson cases;

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‘‘(7) according to the National Fire Protection Association, of all the suspicious and incendiary fires
estimated to occur, only 1⁄3 are confirmed as arson;
and
‘‘(8) improved training of arson investigators will
increase the ability of fire departments to identify
suspicious and incendiary fires, and will result in increased and more effective prosecution of arson offenses.’’
CONGRESSIONAL FINDINGS AND PURPOSE
Pub. L. 110–376, § 2, Oct. 8, 2008, 122 Stat. 4056, provided
that: ‘‘Congress makes the following findings:
‘‘(1) The number of lives lost each year because of
fire has dropped significantly over the last 25 years in
the United States. However, the United States still
has one of the highest fire death rates in the industrialized world. In 2006, the National Fire Protection Association reported 3,245 civilian fire deaths, 16,400 civilian fire injuries, and $11,307,000,000 in direct losses
due to fire.
‘‘(2) Every year, more than 100 firefighters die in
the line of duty. The United States Fire Administration should continue its leadership to help local fire
agencies dramatically reduce these fatalities.
‘‘(3) The Federal Government should continue to
work with State and local governments and the fire
service community to further the promotion of national voluntary consensus standards that increase
firefighter safety.
‘‘(4) The United States Fire Administration provides crucial support to the 30,300 fire departments of
the United States through training, emergency incident data collection, fire awareness and education,
and support of research and development activities
for fire prevention, control, and suppression technologies.
‘‘(5) The collection of data on fire and other emergency incidents is a vital tool both for policy makers
and emergency responders to identify and develop responses to emerging hazards. Improving the data collection capabilities of the United States Fire Administration is essential for accurately tracking and responding to the magnitude and nature of the fire
problems of the United States.
‘‘(6) The research and development performed by
the National Institute of Standards and Technology,
the United States Fire Administration, other government agencies, and nongovernmental organizations
on fire technologies, techniques, and tools advance
the capabilities of the fire service of the United
States to suppress and prevent fires.
‘‘(7) Because of the essential role of the United
States Fire Administration and the fire service community in preparing for and responding to national
[probably should be ‘‘natural’’] and man-made disasters, the United States Fire Administration should
have a prominent place within the Federal Emergency Management Agency and the Department of
Homeland Security.’’
Pub. L. 101–391, § 2, Sept. 25, 1990, 104 Stat. 747, provided that:
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) more than 400 Americans have lost their lives
in multistory hotel fires over the last 5 years;
‘‘(2) when properly installed and maintained, automatic sprinklers and smoke detectors provide the
most effective safeguards against the loss of life and
property from fire;
‘‘(3) automatic sprinklers and smoke detectors
should supplement and not supplant other fire protection measures, including existing requirements for
fire resistive walls and fire retardant furnishings;
‘‘(4) some State and local governments and the
hotel industry need to act more rapidly to require the
installation and use of automatic sprinkler systems
in hotels; and
‘‘(5) through the United States Fire Administration
and the Center for Fire Research, the Federal Government has helped to develop and promote the use of

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TITLE 15—COMMERCE AND TRADE

residential sprinkler systems and other means of fire
prevention and control.
‘‘(b) PURPOSE.—It is the purpose of this Act [see Short
Title of 1990 Amendment note above] to save lives and
protect property by promoting fire and life safety in
hotels, motels, and all places of public accommodation
affecting commerce.’’
WAIVER OF FEDERAL LIABILITY
Pub. L. 101–391, § 7, Sept. 25, 1990, 104 Stat. 752, provided that: ‘‘In any action for damages resulting from
a fire at a place of public accommodation, the Federal
Government may not be found liable for the death of or
injury to any person or damage to any property because an officer or employee of the Federal Government was negligent in carrying out any requirement
under this Act [see Short Title of 1990 Amendment note
above] or the amendments made by this Act.’’
EFFECT ON CERTAIN REQUIREMENTS
Pub. L. 101–391, § 8, Sept. 25, 1990, 104 Stat. 752, provided that: ‘‘Nothing in this Act [see Short Title of 1990
Amendment note above] shall be construed to encourage model building code organizations, or State or
local governments, to reduce requirements for fire resistive walls or other safety features.’’
REORGANIZATION PLAN NO. 3 OF 1978
43 F.R. 41943, 92 Stat. 3788
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 19, 1978, pursuant to the provisions of
Chapter 9 of Title 5 of the United States Code.
PART I. FEDERAL EMERGENCY MANAGEMENT
AGENCY
SEC. 101. ESTABLISHMENT OF THE FEDERAL EMERGENCY
MANAGEMENT AGENCY
There is hereby established as an independent establishment in the Executive Branch, the Federal Emergency Management Agency (the ‘‘Agency’’).

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cepted service and shall be compensated at the rate
now or hereafter prescribed by law for GS–16 of the
General Schedule [set out under 5 U.S.C. 5332].
SEC. 106. PERFORMANCE OF FUNCTIONS
The Director may establish bureaus, offices, divisions, and other units within the Agency. The Director
may from time to time make provision for the performance of any function of the Director by any officer, employee, or unit of the Agency.
PART II. TRANSFER OF FUNCTIONS
SEC. 201. FIRE PREVENTION
There are hereby transferred to the Director all functions vested in the Secretary of Commerce, the Administrator and Deputy Administrator of the National Fire
Prevention and Control Administration, and the Superintendent of the National Academy for Fire Prevention
and Control pursuant to the Federal Fire Prevention
and Control Act of 1974, as amended, (15 U.S.C. 2201
through 2219); exclusive of the functions set forth at
Sections 18 and 23 of the Federal Fire Prevention and
Control Act (15 U.S.C. 278(f) and 1511).
SEC. 202. FLOOD AND OTHER MATTERS
There are hereby transferred to the Director all functions vested in the Secretary of Housing and Urban Development pursuant to the National Flood Insurance
Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended, (42 U.S.C. 2414 and 42
U.S.C. 4001 through 4128), and Section 1 of the National
Insurance Development Act of 1975, as amended, (89
Stat. 68) [set out as a note under 12 U.S.C. 1749bbb].
SEC. 203. EMERGENCY BROADCAST SYSTEM
There are hereby transferred to the Director all functions concerning the Emergency Broadcast System,
which were transferred to the President and all such
functions transferred to the Secretary of Commerce, by
Reorganization Plan Number 1 [set out in the Appendix
to Title 5, Government Organization and Employees].

SEC. 102. THE DIRECTOR
The Agency shall be headed by a Director, who shall
be appointed by the President, by and with the advice
and consent of the Senate, and shall be compensated at
the rate now or hereafter prescribed by law for level II
of the Executive Schedule [5 U.S.C. 5313].
SEC. 103. THE DEPUTY DIRECTOR
There shall be within the Agency a Deputy Director,
who shall be appointed by the President, by and with
the advice and consent of the Senate, and shall be compensated at the rate now or hereafter prescribed by law
for level IV of the Executive Schedule [5 U.S.C. 5315].
The Deputy Director shall perform such functions as
the Director may from time to time prescribe and shall
act as Director during the absence or disability of the
Director or in the event of a vacancy in the Office of
the Director.
SEC. 104. ASSOCIATE DIRECTORS
There shall be within the Agency not more than four
Associate Directors, who shall be appointed by the
President, by and with the advice and consent of the
Senate, two of whom shall be compensated at the rate
now or hereafter prescribed by law for level IV of the
Executive Schedule [5 U.S.C. 5315], one of whom shall
be compensated at the rate now or hereafter prescribed
by law for level V of the Executive Schedule [5 U.S.C.
5316] and one of whom shall be compensated at the rate
now or hereafter prescribed by law for GS–18 of the
General Schedule [set out under 5 U.S.C. 5332]. The Associate Directors shall perform such functions as the
Director may from time to time prescribe.
SEC. 105. REGIONAL DIRECTORS
There shall be within the Agency ten regional directors who shall be appointed by the Director in the ex-

PART III. GENERAL PROVISIONS
SEC. 301. TRANSFER AND ABOLISHMENT OF AGENCIES
AND OFFICERS
The National Fire Prevention and Control Administration and the National Academy for Fire Prevention
and Control and the positions of Administrator of said
Administration and Superintendent of said Academy
are hereby transferred to the Agency. The position of
Deputy Administrator of said Administration (established by 15 U.S.C. 2204(c)) is hereby abolished.
SEC. 302. INCIDENTAL TRANSFERS
So much of the personnel, property, records, and unexpended balances of appropriations, allocations and
other funds employed, used, held, available, or to be
made available in connection with the functions transferred under this Plan, as the Director of the Office of
Management and Budget shall determine, shall be
transferred to the appropriate agency, or component at
such time or times as the Director of the Office of Management and Budget shall provide, except that no such
unexpended balances transferred shall be used for purposes other than those for which the appropriation was
originally made. The Director of the Office of Management and Budget shall provide for terminating the affairs of any agencies abolished herein and for such further measures and dispositions as such Director deems
necessary to effectuate the purposes of this Reorganization Plan.
SEC. 303. INTERIM OFFICERS
The President may authorize any persons who, immediately prior to the effective date of this Plan, held positions in the Executive Branch to which they were appointed by and with the advice and consent of the Sen-

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TITLE 15—COMMERCE AND TRADE

ate, to act as Director, Deputy Director, and Associate
Directors of the Agency, until those offices are for the
first time filled pursuant to the provisions of this Reorganization Plan or by recess appointment, as the case
may be. The President may authorize any such person
to receive the compensation attached to the Office in
respect of which that person so serves, in lieu of other
compensation from the United States.
SEC. 304. EFFECTIVE DATE
The provisions of this Reorganization Plan shall become effective at such time or times, on or before April
1, 1979, as the President shall specify, but not sooner
than the earliest time allowable under Section 906 of
Title 5, United States Code.
[Pursuant to Ex. Ord. 12127, Mar. 31, 1979, 44 F.R.
19367, this Reorg. Plan is effective Apr. 1, 1979]
MESSAGE OF THE PRESIDENT
To the Congress of the United States:
Today I am transmitting Reorganization Plan No. 3
of 1978. The plan improves Federal emergency management and assistance. By consolidating emergency preparedness, mitigation and response activities, it cuts
duplicative administrative costs and strengthens our
ability to deal effectively with emergencies.
The plan, together with changes I will make through
Executive action, would merge five agencies from the
Departments of Defense, Commerce, HUD, and GSA
into one new agency.
For the first time, key emergency management and
assistance functions would be unified and made directly accountable to the President and Congress. This
will reduce pressures for increased costs to serve similar goals.
The present situation has severely hampered Federal
support of State and local emergency organizations and
resources, which bear the primary responsibility for
preserving life and property in times of calamity. This
reorganization has been developed in close cooperation
with State and local governments.
If approved by the Congress, the plan will establish
the Federal Emergency Management Agency, whose Director shall report directly to the President. The National Fire Prevention and Control Administration (in
the Department of Commerce), the Federal Insurance
Administration (in the Department of Housing and
Urban Development), and oversight responsibility for
the Federal Emergency Broadcast System (now assigned in the Executive Office of the President) would
be transferred to the Agency. The Agency’s Director,
its Deputy Director, and its five principal program
managers would be appointed by the President with the
advice and consent of the Senate.
If the plan takes effect, I will assign to the Federal
Emergency Management Agency all authorities and
functions vested by law in the President and presently
delegated to the Defense Civil Preparedness Agency (in
the Department of Defense). This will include certain
engineering and communications support functions for
civil defense now assigned to the U.S. Army.
I will also transfer to the new Agency all authorities
and functions under the Disaster Relief Acts of 1970 and
1974 [sections 4401 et seq. and 5121 et seq. of Title 42,
The Public Health and Welfare] now delegated to the
Federal Disaster Assistance Administration in the Department of Housing and Urban Development.
I will also transfer all Presidential authorities and
functions now delegated to the Federal Preparedness
Agency in the General Services Administration, including the establishment of policy for the national stockpile. The stockpile disposal function, which is statutorily assigned to the General Services Administration, would remain there. Once these steps have been
taken by Executive Order, these three agencies would
be abolished.
Several additional transfers of emergency preparedness and mitigation functions would complete the consolidation. These include:

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Oversight of the Earthquake Hazards Reduction
Program, under Public Law 95–124 [section 7701 et seq.
of Title 42], now carried out by the Office of Science
and Technology Policy in the Executive Office of the
President.
Coordination of Federal activities to promote dam
safety, carried by the same Office.
Responsibility for assistance to communities in the
development of readiness plans for severe weather-related emergencies, including floods, hurricanes, and
tornadoes.
Coordination of natural and nuclear disaster warning systems.
Coordination of preparedness and planning to reduce the consequences of major terrorist incidents.
This would not alter the present responsibility of the
executive branch for reacting to the incidents themselves.
This reorganization rests on several fundamental
principles:
First, Federal authorities to anticipate, prepare for, and
respond to major civil emergencies should be supervised by
one official responsible to the President and given attention
by other officials at the highest levels.
The new Agency would be in this position. To increase White House oversight and involvement still further, I shall establish by Executive Order an Emergency Management Committee, to be chaired by the
Federal Emergency Management Agency Director. Its
membership shall be comprised of the Assistants to the
President for National Security, Domestic Affairs and
Policy and Intergovernmental Relations, and the Director, Office of Management and Budget. It will advise
the President on ways to meet national civil emergencies. It will also oversee and provide guidance on
the management of all Federal emergency authorities,
advising the President on alternative approaches to improve performance and avoid excessive costs.
Second, an effective civil defense system requires the most
efficient use of all available emergency resources. At the
same time, civil defense systems, organization, and resources must be prepared to cope with any disasters
which threaten our people. The Congress has clearly
recognized this principle in recent changes in the civil
defense legislation.
The communications, warning, evacuation, and public education processes involved in preparedness for a
possible nuclear attack should be developed, tested,
and used for major natural and accidental disasters as
well. Consolidation of civil defense functions in the new
Agency will assure that attack readiness programs are
effectively integrated into the preparedness organizations and programs of State and local government, private industry, and volunteer organizations.
While serving an important ‘‘all hazards’’ readiness
and response role, civil defense must continue to be
fully compatible with and be ready to play an important role in our Nation’s overall strategic policy. Accordingly, to maintain a link between our strategic nuclear planning and our nuclear attack preparedness
planning, I will make the Secretary of Defense and the
National Security Council responsible for oversight of
civil defense related programs and policies of the new
Agency. This will also include appropriate Department
of Defense support in areas like program development,
technical support, research, communications, intelligence and emergency operations.
Third, whenever possible, emergency responsibilities
should be extensions of the regular missions of Federal
agencies. The primary task of the Federal Emergency
Management Agency will be to coordinate and plan for
the emergency deployment of resources that have other
routine uses. There is no need to develop a separate set
of Federal skills and capabilities for those rare occasions when catastrophe occurs.
Fourth, Federal hazard mitigation activities should be
closely linked with emergency preparedness and response
functions. This reorganization would permit more rational decisions on the relative costs and benefits of alternative approaches to disasters by making the Fed-

Page 1551

§ 2202

TITLE 15—COMMERCE AND TRADE

eral Emergency Management Agency the focal point of
all Federal hazard mitigation activities and by combining these with the key Federal preparedness and response functions.
The affected hazard mitigation activities include the
Federal Insurance Administration which seeks to reduce flood losses by assisting states and local governments in developing appropriate land uses and building
standards and several agencies that presently seek to
reduce fire and earthquake losses through research and
education.
Most State and local governments have consolidated
emergency planning, preparedness and response functions on an ‘‘all hazard’’ basis to take advantage of the
similarities in preparing for and responding to the full
range of potential emergencies. The Federal Government can and should follow this lead.
Each of the changes set forth in the plan is necessary
to accomplish one or more of the purposes set forth in
section 901(a) of title 5 of the United States Code. The
plan does not call for abolishing any functions now authorized by law. The provisions in the plan for the appointment and pay of any head or officer of the new
agency have been found by me to be necessary.
I do not expect these actions to result in any significant changes in program expenditures for those authorities to be transferred. However, cost savings of between $10 to $15 million annually can be achieved by
consolidating headquarters and regional facilities and
staffs. The elimination (through attrition) of about 300
jobs is also anticipated.
The emergency planning and response authorities involved in this plan are vitally important to the security and well-being of our Nation. I urge the Congress
to approve it.
JIMMY CARTER.
THE WHITE HOUSE, June 19, 1978
EX. ORD. NO. 12127. TRANSFER OF FUNCTIONS TO FEDERAL
EMERGENCY MANAGEMENT AGENCY
Ex. Ord. No. 12127, Mar. 31, 1979, 44 F.R. 19367, provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including Section 304 of Reorganization Plan No. 3 of
1978 [set out as a note under this section], and in order
to provide for the orderly activation of the Federal
Emergency Management Agency, it is hereby ordered
as follows:
1–101. Reorganization Plan No. 3 of 1978 (43 FR 41943),
which establishes the Federal Emergency Management
Agency, provides for the transfer of functions, and the
transfer and abolition of agencies and offices, is hereby
effective.
1–102. The Director of the Office of Management and
Budget shall, in accord with Section 302 of the Reorganization Plan, provide for all the appropriate transfers,
including those transfers related to all the functions
transferred from the Department of Commerce, the Department of Housing and Urban Development, and the
President.
1–103. (a) The functions transferred from the Department of Commerce are those vested in the Secretary of
Commerce, the Administrator and Deputy Administrator of the National Fire Prevention and Control Administration (now the United States Fire Administration (Sec. 2(a) of Public Law 95–422)), and the Superintendent of the National Academy for Fire Prevention
and Control pursuant to the Federal Fire Prevention
and Control Act of 1974, as amended (15 U.S.C. 2201 et
seq.) [this chapter] but not including any functions
vested by the amendments made to other acts by Sections 18 and 23 of that Act (15 U.S.C. 278f and 1511). The
functions vested in the Administrator by Sections 24
and 25 of that Act, as added by Sections 3 and 4 of Public Law 95–422 (15 U.S.C. 2220 and 2221), are not transferred to the Director of the Federal Emergency Management Agency. Those functions are transferred with
the Administrator and remain vested in him. (Section
201 of the Plan.)

(b) There was also transferred from the Department
of Commerce any function concerning the Emergency
Broadcast System which was transferred to the Secretary of Commerce by Section 5B of Reorganization
Plan No. 1 of 1977 (42 FR 56101; implemented by Executive Order No. 12046 of March 27, 1978) [set out in Title
5, Appendix, Government Organization and Employees;
set out as a note under section 305 of Title 47, Telegraphs, Telephones, and Radiotelegraphs]. (Section 203
of the Plan.)
1–104. The functions transferred from the Department
of Housing and Urban Development are those vested in
the Secretary of Housing and Urban Development pursuant to Section 15(e) of the Federal Flood Insurance
Act of 1956, as amended (42 U.S.C. 2414(e)), and the National Flood Insurance Act of 1968, as amended [42
U.S.C. 4001 et seq.] and the Flood Disaster Protection
Act of 1973, as amended (42 U.S.C. 4001 et seq.), and Section 520(b) of the National Housing Act, as amended (12
U.S.C. 1735d(b)), to the extent necessary to borrow from
the Treasury to make payments for reinsured and directly insured losses, and Title XII of the National
Housing Act, as amended ([formerly] 12 U.S.C. 1749bbb
et seq., and as explained in Section 1 of the National Insurance Development Act of 1975 (Section 1 of Public
Law 94–13 [formerly] at 12 U.S.C. 1749bbb note)). (Section 202 of the Plan.)
1–105. The functions transferred from the President
are those concerning the Emergency Broadcast System
which were transferred to the President by Section 5 of
Reorganization Plan No. 1 of 1977 (42 FR 56101; implemented by Executive Order No. 12046 of March 27, 1978)
[set out in Title 5, Appendix, Government Organization
and Employees; set out as a note under section 305 of
Title 47, Telegraphs, Telephones, and Radiotelegraphs].
(Section 203 of the Plan.)
1–106. This Order shall be effective Sunday, April 1,
1979.
JIMMY CARTER.

§ 2202. Declaration of purpose
It is declared to be the purpose of Congress in
this chapter to—
(1) reduce the Nation’s losses caused by fire
through better fire prevention and control;
(2) supplement existing programs of research, training, and education, and to encourage new and improved programs and activities
by State and local governments;
(3) establish the United States Fire Administration and the Fire Research Center within
the Department of Commerce; and
(4) establish an intensified program of research into the treatment of burn and smoke
injuries and the rehabilitation of victims of
fires within the National Institutes of Health.
(Pub. L. 93–498, § 3, Oct. 29, 1974, 88 Stat. 1536;
Pub. L. 95–422, § 2(a)(1), Oct. 5, 1978, 92 Stat. 932.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–498, Oct. 29, 1974, 88
Stat. 1535, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 2201 of this
title and Tables.
AMENDMENTS
1978—Par. (3). Pub. L. 95–422 substituted ‘‘United
States Fire Administration’’ for ‘‘National Fire Prevention and Control Administration’’.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including

§ 2203

TITLE 15—COMMERCE AND TRADE

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
sections 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.
The National Fire Prevention and Control Administration [now United States Fire Administration] and
the National Academy for Fire Prevention and Control
and the positions of Administrator of the Administration and Superintendent of the Academy were transferred to an independent agency in the Executive
Branch, to be known as the Federal Emergency Management Agency, and all functions vested in the Secretary of Commerce, the Administrator and Deputy Administrator of the National Fire Prevention and Control Administration, and the Superintendent of the National Academy for Fire Prevention and Control pursuant to the provisions of this chapter, with the exception of those functions under sections 2220 and 2221 of
this title which remain vested in the Administrator of
the United States Fire Administration, were transferred to the Director of the Federal Emergency Management Agency pursuant to Reorg. Plan No. 3 of 1978,
§§ 201, 301, June 19, 1978, 43 F.R. 41944, 92 Stat. 3788, set
out as a note under section 2201 of this title, effective
Apr. 1, 1979, pursuant to Ex. Ord. No. 12127, §§ 1–101,
1–103(a), Mar. 31, 1979, 44 F.R. 19367.

§ 2203. Definitions
As used in this chapter, the term—
(1) ‘‘Academy’’ means the National Academy
for Fire Prevention and Control;
(2) ‘‘Administration’’ means the United
States Fire Administration established pursuant to section 2204 of this title;
(3) ‘‘Administrator’’ means the Administrator of the United States Fire Administration, within the Federal Emergency Management Agency;
(4) ‘‘Director’’ means the Administrator of
the Federal Emergency Management Agency;
(5) ‘‘fire service’’ means any organization in
any State consisting of personnel, apparatus,
and equipment which has as its purpose protecting property and maintaining the safety
and welfare of the public from the dangers of
fire, including a private firefighting brigade.
The personnel of any such organization may
be paid employees or unpaid volunteers or any
combination thereof. The location of any such
organization and its responsibility for extinguishment and suppression of fires may include, but need not be limited to, a Federal installation, a State, city, town, borough, parish, county, fire district, fire protection district, rural fire district, or other special district. The terms ‘‘fire prevention’’, ‘‘firefighting’’, and ‘‘fire control’’ relate to activities
conducted by a fire service;
(6) ‘‘local’’ means of or pertaining to any
city, town, county, special purpose district,
unincorporated territory, or other political
subdivision of a State;
(7) ‘‘place of public accommodation affecting
commerce’’ means any inn, hotel, or other establishment not owned by the Federal Govern-

Page 1552

ment that provides lodging to transient
guests, except that such term does not include
an establishment treated as an apartment
building for purposes of any State or local law
or regulation or an establishment located
within a building that contains not more than
5 rooms for rent or hire and that is actually
occupied as a residence by the proprietor of
such establishment;
(8) ‘‘State’’ means any State, the District of
Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, the Canal Zone, Guam,
American Samoa, the Trust Territory of the
Pacific Islands and any other territory or possession of the United States; and
(9) ‘‘wildland-urban interface’’ has the meaning given such term in section 6511 of title 16.
(Pub. L. 93–498, § 4, Oct. 29, 1974, 88 Stat. 1536;
Pub. L. 95–422, § 2(a)(1), Oct. 5, 1978, 92 Stat. 932;
Pub. L. 101–391, § 3(b), Sept. 25, 1990, 104 Stat. 749;
Pub. L. 106–503, title I, § 110(a)(2)(A), Nov. 13,
2000, 114 Stat. 2302; Pub. L. 109–295, title VI,
§ 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L.
110–376, § 10, Oct. 8, 2008, 122 Stat. 4061.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–498, Oct. 29, 1974, 88
Stat. 1535, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 2201 of this
title and Tables.
For definition of Canal Zone, referred to in par. (8),
see section 3602(b) of Title 22, Foreign Relations and
Intercourse.
AMENDMENTS
2008—Par. (3). Pub. L. 110–376, § 10(1), substituted ‘‘Administration, within the Federal Emergency Management Agency’’ for ‘‘Administration’’.
Par. (9). Pub. L. 110–376, § 10(2)–(4), added par. (9).
2000—Pars. (7) to (9). Pub. L. 106–503 inserted ‘‘and’’
after semicolon in par. (7), redesignated par. (9) as (8),
and struck out former par. (8) which read as follows:
‘‘ ‘Secretary’ means the Secretary of Commerce; and’’.
1990—Pars. (4) to (9). Pub. L. 101–391 added pars. (4)
and (7) and redesignated former pars. (4), (5), (6), and (7)
as (5), (6), (8), and (9), respectively.
1978—Pars. (2), (3). Pub. L. 95–422 substituted ‘‘United
States Fire Administration’’ for ‘‘National Fire Prevention and Control Administration’’.
CHANGE OF NAME
‘‘Administrator of the Federal Emergency Management Agency’’ substituted for ‘‘Director of the Federal
Emergency Management Agency’’ in par.(4) on authority of section 612(c) of Pub. L. 109–295, set out as a note
under section 313 of Title 6, Domestic Security. Any
reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295
or an amendment by title VI to be considered to refer
and apply to the Director of the Federal Emergency
Management Agency until Mar. 31, 2007, see section
612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
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 Agen-

Page 1553

TITLE 15—COMMERCE AND TRADE

§ 2204

cy, 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
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.

cy, 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
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS

RE-ESTABLISHMENT OF POSITION OF UNITED STATES
FIRE ADMINISTRATOR

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

Pub. L. 108–169, title I, § 102, Dec. 6, 2003, 117 Stat. 2036,
provided that: ‘‘Section 1513 of the Homeland Security
Act of 2002 (6 U.S.C. 553) does not apply to the position
or office of Administrator of the United States Fire Administration, who shall continue to be appointed and
compensated as provided by section 5(b) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C.
2204(b)).’’

§ 2204. United States Fire Administration
(a) Establishment
There is hereby established in the Department
of Commerce an agency which shall be known as
the United States Fire Administration.
(b) Administrator
There shall be at the head of the Administration the Administrator of the United States Fire
Administration. The Administrator shall be appointed by the President, by and with the advice
and consent of the Senate, and shall be compensated at the rate now or hereafter provided
for level IV of the Executive Schedule pay rates
(5 U.S.C. 5315). The Administrator shall report
and be responsible to the Director.
(c) Deputy Administrator
There shall be in the Administration a Deputy
Administrator of the United States Fire Administration who shall be appointed by the President, by and with the advice and consent of the
Senate, and who shall be compensated at the
rate now or hereafter provided for level V of the
Executive Schedule pay rates (5 U.S.C. 5316). The
Deputy Administrator shall perform such functions as the Administrator shall from time to
time assign or delegate, and shall act as Administrator during the absence or disability of the
Administrator or in the event of a vacancy in
the office of Administrator.
(Pub. L. 93–498, § 5, Oct. 29, 1974, 88 Stat. 1536;
Pub. L. 95–422, § 2(a)(1), Oct. 5, 1978, 92 Stat. 932;
Pub. L. 106–503, title I, § 110(a)(2)(B)(i), Nov. 13,
2000, 114 Stat. 2302.)
AMENDMENTS
2000—Subsec. (b). Pub. L. 106–503 substituted ‘‘Director’’ for ‘‘Secretary’’.
1978—Subsecs. (a) to (c). Pub. L. 95–422 substituted
‘‘United States Fire Administration’’ for ‘‘National
Fire Prevention and Control Administration’’.
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 Agen-

TERMINATION OR PRIVATIZATION OF FUNCTIONS
Pub. L. 105–108, § 4, Nov. 20, 1997, 111 Stat. 2264, provided that:
‘‘(a) IN GENERAL.—Not later than 60 days before the
termination or transfer to a private sector person or
entity of any significant function of the United States
Fire Administration, as described in subsection (b), the
Administrator of the United States Fire Administration shall transmit to Congress a report providing notice of that termination or transfer.
‘‘(b) COVERED TERMINATIONS AND TRANSFERS.—For
purposes of subsection (a), a termination or transfer to
a person or entity described in that subsection shall be
considered to be a termination or transfer of a significant function of the United States Fire Administration
if the termination or transfer—
‘‘(1) relates to a function of the Administration
that requires the expenditure of more than 5 percent
of the total amount of funds made available by appropriations to the Administration; or
‘‘(2) involves the termination of more than 5 percent of the employees of the Administration.’’
NOTICE OF REPROGRAMMING OR REORGANIZATION
Pub. L. 105–108, § 5, Nov. 20, 1997, 111 Stat. 2265, provided that:
‘‘(a) MAJOR REORGANIZATION DEFINED.—With respect
to the United States Fire Administration, the term
‘major reorganization’ means any reorganization of the
Administration that involves the reassignment of more
than 25 percent of the employees of the Administration.
‘‘(b) NOTICE OF REPROGRAMMING.—If any funds appropriated pursuant to the amendments made by this Act
[see Short Title of 1997 Amendment note set out under
section 2201 of this title] are subject to a reprogramming action that requires notice to be provided to the
Committees on Appropriations of the Senate and the
House of Representatives, notice of that action shall
concurrently be provided to the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Science [now Committee on Science
and Technology] of the House of Representatives.
‘‘(c) NOTICE OF REORGANIZATION.—Not later than 15
days before any major reorganization of any program,
project, or activity of the United States Fire Administration, the Administrator of the United States Fire
Administration shall provide notice to the Committees
on Science [now Science and Technology] and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and
Appropriations of the Senate.’’

§ 2205

TITLE 15—COMMERCE AND TRADE

ABOLITION OF POSITION OF DEPUTY ADMINISTRATOR
Position of Deputy Administrator of National Fire
Prevention and Control Administration abolished by
section 301 of Reorganization Plan No. 3 of 1978, § 301, 43
F.R. 41944, 92 Stat. 3789, set out as a note under section
2201 of this title.

§ 2205. Public education
The Administrator is authorized to take all
steps necessary to educate the public and to
overcome public indifference as to fire and fire
prevention. Such steps may include, but are not
limited to, publications, audiovisual presentations, and demonstrations. Such public education efforts shall include programs to provide
specialized information for those groups of individuals who are particularly vulnerable to fire
hazards, such as the young and the elderly. The
Administrator shall sponsor and encourage research, testing, and experimentation to determine the most effective means of such public
education.
(Pub. L. 93–498, § 6, Oct. 29, 1974, 88 Stat. 1537.)
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
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.

§ 2206. National Academy for Fire Prevention
and Control
(a) Establishment
The Director shall establish, at the earliest
practicable date, a National Academy for Fire
Prevention and Control. The purpose of the
Academy shall be to advance the professional
development of fire service personnel and of
other persons engaged in fire prevention and
control activities.
(b) Superintendent
The Academy shall be headed by a Superintendent, who shall be appointed by the Director. In exercising the powers and authority contained in this section the Superintendent shall
be subject to the direction of the Administrator.
(c) Powers of Superintendent
The Superintendent is authorized to—
(1) develop and revise curricula, standards
for admission and performance, and criteria
for the awarding of degrees and certifications;

Page 1554

(2) appoint such teaching staff and other personnel as he determines to be necessary or appropriate;
(3) conduct courses and programs of training
and education, as defined in subsection (d) of
this section;
(4) appoint faculty members and consultants
without regard to the provisions of title 5,
governing appointments in the competitive
service, and, with respect to temporary and
intermittent services, to make appointments
to the same extent as is authorized by section
3109 of title 5;
(5) establish fees and other charges for attendance at, and subscription to, courses and
programs offered by the Academy. Such fees
may be modified or waived as determined by
the Superintendent;
(6) conduct short courses, seminars, workshops, conferences, and similar education and
training activities in all parts and localities of
the United States, including on-site training;
(7) enter into such contracts and take such
other actions as may be necessary in carrying
out the purposes of the Academy; and
(8) consult with officials of the fire services
and other interested persons in the exercise of
the foregoing powers.
(d) Program of the Academy
The Superintendent is authorized to—
(1) train fire service personnel in such skills
and knowledge as may be useful to advance
their ability to prevent and control fires, including, but not limited to—
(A) techniques of fire prevention, fire inspection, firefighting, and fire and arson investigation;
(B) tactics and command of firefighting for
present and future fire chiefs and commanders;
(C) administration and management of fire
services;
(D) tactical training in the specialized
field of aircraft fire control and crash rescue;
(E) tactical training in the specialized
field of fire control and rescue aboard waterborne vessels;
(F) strategies for building collapse rescue;
(G) the use of technology in response to
fires, including terrorist incidents and other
national emergencies;
(H) tactics and strategies for dealing with
natural disasters, acts of terrorism, and
other man-made disasters;
(I) tactics and strategies for fighting largescale fires or multiple fires in a general area
that cross jurisdictional boundaries;
(J) tactics and strategies for fighting fires
occurring at the wildland-urban interface;
(K) tactics and strategies for fighting fires
involving hazardous materials;
(L) advanced emergency medical services
training;
(M) use of and familiarity with the Federal
Response Plan;
(N) leadership and strategic skills, including integrated management systems operations and integrated response;
(O) applying new technology and developing strategies and tactics for fighting
wildland fires;

Page 1555

TITLE 15—COMMERCE AND TRADE

(P) integrating the activities of terrorism
response agencies into national terrorism incident response systems;
(Q) tactics and strategies for fighting fires
at United States ports, including fires on the
water and aboard vessels; and
(R) the training of present and future instructors in the aforementioned subjects;
(2) develop model curricula, training programs and other educational materials suitable for use at other educational institutions,
and to make such materials available without
charge;
(3) develop and administer a program of correspondence courses to advance the knowledge
and skills of fire service personnel;
(4) develop and distribute to appropriate officials model questions suitable for use in conducting entrance and promotional examinations for fire service personnel; and
(5) encourage the inclusion of fire prevention
and detection technology and practices in the
education and professional practice of architects, builders, city planners, and others engaged in design and planning affected by fire
safety problems.
(e) Technical assistance
The Administrator is authorized, to the extent
that he determines it necessary to meet the
needs of the Nation, to encourage new programs
and to strengthen existing programs of education and training by local fire services, units,
and departments, State and local governments,
and private institutions, by providing technical
assistance and advice to—
(1) vocational training programs in techniques of fire prevention, fire inspection, firefighting, and fire and arson investigation;
(2) fire training courses and programs at junior colleges; and
(3) four-year degree programs in fire engineering at colleges and universities.
(f) Assistance to State and local fire service
training programs
The Administrator is authorized to provide assistance to State and local fire service training
programs through grants, contracts, or otherwise. Such assistance shall not exceed 7.5 percent of the amount authorized to be appropriated in each fiscal year pursuant to section
2216 of this title.
(g) Site selection
The Academy shall be located on such site as
the Director selects, subject to the following
provisions:
(1) The Director is authorized to appoint a
Site Selection Board consisting of the Academy Superintendent and two other members
to survey the most suitable sites for the location of the Academy and to make recommendations to the Director.
(2) The Site Selection Board in making its
recommendations and the Director in making
his final selection, shall give consideration to
the training and facility needs of the Academy, environmental effects, the possibility of
using a surplus Government facility, and such
other factors as are deemed important and relevant. The Director shall make a final site se-

§ 2206

lection not later than 2 years after October 29,
1974.
(h) Construction costs
Of the sums authorized to be appropriated for
the purpose of implementing the programs of
the Administration, not more than $9,000,000
shall be available for the construction of facilities of the Academy on the site selected under
subsection (g) of this section. Such sums for
such construction shall remain available until
expended.
(i) Educational and professional assistance
The Administrator is authorized to—
(1) provide stipends to students attending
Academy courses and programs, in amounts up
to 75 per centum of the expense of attendance,
as established by the Superintendent;
(2) provide stipends to students attending
courses and nondegree training programs approved by the Superintendent at universities,
colleges, and junior colleges, in amounts up to
50 per centum of the cost of tuition;
(3) make or enter into contracts to make
payments to institutions of higher education
for loans, not to exceed $2,500 per academic
year for any individual who is enrolled on a
full-time basis in an undergraduate or graduate program of fire research or engineering
which is certified by the Superintendent.
Loans under this paragraph shall be made on
such terms and subject to such conditions as
the Superintendent and each institution involved may jointly determine; and
(4) establish and maintain a placement and
promotion opportunities center in cooperation
with the fire services, for firefighters who wish
to learn and take advantage of different or
better career opportunities. Such center shall
not limit such assistance to students and graduates of the Academy, but shall undertake to
assist all fire service personnel.
(j) Board of Visitors
Upon establishment of the Academy, the Director shall establish a procedure for the selection of professionals in the field of fire safety,
fire prevention, fire control, research and development in fire protection, treatment and rehabilitation of fire victims, or local government
services management to serve as members of a
Board of Visitors for the Academy. Pursuant to
such procedure, the Director shall select eight
such persons to serve as members of such Board
of Visitors to serve such terms as the Director
may prescribe. The function of such Board shall
be to review annually the program of the Academy and to make comments and recommendations to the Director regarding the operation of
the Academy and any improvements therein
which such Board deems appropriate. Each
member of such Board shall be reimbursed for
any expenses actually incurred by him in the
performance of his duties as a member of such
Board.
(k) Accreditation
The Superintendent is authorized to establish
a Committee on Fire Training and Education
which shall inquire into and make recommendations regarding the desirability of establishing a

§ 2206

TITLE 15—COMMERCE AND TRADE

mechanism for accreditation of fire training and
education programs and courses, and the role
which the Academy should play if such a mechanism is recommended. The Committee shall consist of the Superintendent as Chairman and
eighteen other members appointed by the Administrator from among individuals and organizations possessing special knowledge and experience in the field of fire training and education
or related fields. The Committee shall submit to
the Administrator within two years after its appointment, a full and complete report of its findings and recommendations. Upon the submission
of such report, the Committee shall cease to
exist. Each appointed member of the Committee
shall be reimbursed for expenses actually incurred in the performance of his duties as a
member.
(l) Admission
The Superintendent is authorized to admit to
the courses and programs of the Academy individuals who are members of the firefighting, rescue, and civil defense forces of the Nation and
such other individuals, including candidates for
membership in these forces, as he determines
can benefit from attendance. Students shall be
admitted from any State, with due regard to
adequate representation in the student body of
all geographic regions of the Nation. In selecting students, the Superintendent may seek
nominations and advice from the fire services
and other organizations which wish to send students to the Academy. The Superintendent shall
offer, at the Academy and at other sites, courses
and training assistance as necessary to accommodate all geographic regions and needs of career and volunteer firefighters.
(m) On-site training
(1) In general
Except as provided in paragraph (2), the Administrator may enter into a contract with
nationally recognized organizations that have
established on-site training programs that
comply with national voluntary consensus
standards for fire service personnel to facilitate the delivery of the education and training
programs outlined in subsection (d)(1) directly
to fire service personnel.
(2) Limitation
(A) In general
The Administrator may not enter into a
contract with an organization described in
paragraph (1) unless such organization provides training that—
(i) leads to certification by a program
that is accredited by a nationally recognized accreditation organization; or
(ii) the Administrator determines is of
equivalent quality to a fire service training program described by clause (i).
(B) Approval of unaccredited fire service
training programs
The Administrator may consider the fact
that an organization has provided a satisfactory fire service training program pursuant
to a cooperative agreement with a Federal
agency as evidence that such program is of
equivalent quality to a fire service training
program described by subparagraph (A)(i).

Page 1556

(3) Restriction on use of funds
The amounts expended by the Administrator
to carry out this subsection in any fiscal year
shall not exceed 7.5 per centum of the amount
authorized to be appropriated in such fiscal
year pursuant to section 2216 of this title.
(n) Triennial report
In the first annual report filed pursuant to
section 2215 of this title for which the deadline
for filing is after the expiration of the 18-month
period that begins on October 8, 2008, and in
every third annual report thereafter, the Administrator shall include information about changes
made to the National Fire Academy curriculum,
including—
(1) the basis for such changes, including a review of the incorporation of lessons learned by
emergency response personnel after significant emergency events and emergency preparedness exercises performed under the National Exercise Program; and
(2) the desired training outcome of all such
changes.
(Pub. L. 93–498, § 7, Oct. 29, 1974, 88 Stat. 1537;
Pub. L. 106–503, title I, § 110(a)(2)(B)(ii), Nov. 13,
2000, 114 Stat. 2302; Pub. L. 108–169, title II,
§ 204(a), (d), Dec. 6, 2003, 117 Stat. 2039; Pub. L.
110–376, § 4(a)–(c), Oct. 8, 2008, 122 Stat. 4057, 4058.)
AMENDMENTS
2008—Subsec. (c)(6). Pub. L. 110–376, § 4(b)(1), inserted
‘‘, including on-site training’’ after ‘‘United States’’.
Subsec. (d)(1)(H). Pub. L. 110–376, § 4(a)(1), amended
subpar. (H) generally. Prior to amendment, subpar. (H)
read as follows: ‘‘response, tactics, and strategies for
dealing with terrorist-caused national catastrophes;’’.
Subsec. (d)(1)(I), (J). Pub. L. 110–376, § 4(a)(5), added
subpars. (I) and (J). Former subpars. (I) and (J) redesignated (M) and (N), respectively.
Subsec. (d)(1)(K). Pub. L. 110–376, § 4(a)(5), added subpar. (K). Former subpar. (K) redesignated (O).
Pub. L. 110–376, § 4(a)(2), substituted ‘‘wildland’’ for
‘‘forest’’.
Subsec. (d)(1)(L). Pub. L. 110–376, § 4(a)(5), added subpar. (L). Former subpar. (L) redesignated (P).
Subsec. (d)(1)(M). Pub. L. 110–376, § 4(a)(4), redesignated subpar. (I) as (M). Former subpar. (M) redesignated (Q).
Pub. L. 110–376, § 4(a)(3), struck out ‘‘response’’ before
‘‘tactics’’.
Subsec. (d)(1)(N) to (R). Pub. L. 110–376, § 4(a)(4), redesignated subpars. (J) to (N) as (N) to (R), respectively.
Subsec. (f). Pub. L. 110–376, § 4(b)(2), which directed
substitution of ‘‘7.5 percent’’ for ‘‘4 percent’’, was executed by making the substitution for ‘‘4 per centum’’ to
reflect the probable intent of Congress.
Subsecs. (m), (n). Pub. L. 110–376, § 4(b)(3), (c), added
subsecs. (m) and (n).
2003—Subsec. (d)(1)(F) to (N). Pub. L. 108–169, § 204(a),
added subpars. (F) to (M) and redesignated former subpar. (F) as (N).
Subsec. (l). Pub. L. 108–169, § 204(d), inserted at end
‘‘The Superintendent shall offer, at the Academy and
at other sites, courses and training assistance as necessary to accommodate all geographic regions and
needs of career and volunteer firefighters.’’
2000—Subsecs. (a), (b), (g), (j). Pub. L. 106–503 substituted ‘‘Director’’ for ‘‘Secretary’’ wherever appearing.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of

Page 1557

TITLE 15—COMMERCE AND TRADE

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
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.
CONSULTATION ON FIRE ACADEMY CLASSES
Pub. L. 108–169, title II, § 204(b), Dec. 6, 2003, 117 Stat.
2039, provided that: ‘‘The Superintendent of the National Fire Academy may consult with other Federal,
State, and local agency officials in developing curricula
for classes offered by the Academy.’’
COORDINATION WITH OTHER PROGRAMS TO AVOID
DUPLICATION
Pub. L. 108–169, title II, § 204(c), Dec. 6, 2003, 117 Stat.
2039, provided that: ‘‘The Administrator of the United
States Fire Administration shall coordinate training
provided under section 7(d)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1))
with the Attorney General, the Secretary of Health and
Human Services, and the heads of other Federal agencies—
‘‘(1) to ensure that such training does not duplicate
existing courses available to fire service personnel;
and
‘‘(2) to establish a mechanism for eliminating duplicative training programs.’’
LIMITATIONS ON AUTHORITY OF SUPERINTENDENT OF
FIRE ACADEMY; EXCLUSIVE CONTROL AND DIRECTION
OF UNITED STATES FIRE ADMINISTRATOR
Pub. L. 101–507, title III, Nov. 5, 1990, 104 Stat. 1377,
provided that: ‘‘The Superintendent of the Fire Academy, in exercising the powers and authority provided
by section 7 of the Federal Fire Prevention Control Act
of 1974 [15 U.S.C. 2206], shall be subject to the exclusive
direction of the Administrator, United States Fire Administration: Provided, That all funds appropriated by
this or any other Act, with respect for any fiscal year,
or otherwise made available, for the National Fire
Academy in Emmitsburg, Maryland, or any Fire Academy field programs, shall be placed under the exclusive
control of the United States Fire Administration.’’

§ 2207. Fire technology
(a) Development
The Administrator shall conduct a continuing
program of development, testing, and evaluation
of equipment for use by the Nation’s fire, rescue,
and civil defense services, with the aim of making available improved suppression, protective,
auxiliary, and warning devices incorporating the
latest technology. Attention shall be given to
the standardization, compatibility, and interchangeability of such equipment. Such development, testing, and evaluation activities shall include, but need not be limited to—
(1) safer, less cumbersome articles of protective clothing, including helmets, boots, and
coats;

§ 2207

(2) breathing apparatus with the necessary
duration of service, reliability, low weight,
and ease of operation for practical use;
(3) safe and reliable auxiliary equipment for
use in fire prevention, detection, and control,
such as fire location detectors, visual and
audio communications equipment, and mobile
equipment;
(4) special clothing and equipment needed
for forest fires, brush fires, oil and gasoline
fires, aircraft fires and crash rescue, fires occurring aboard waterborne vessels, and in
other special firefighting situations;
(5) fire detectors and related equipment for
residential use with high sensitivity and reliability, and which are sufficiently inexpensive
to purchase, install, and maintain to insure
wide acceptance and use;
(6) in-place fire prevention systems of low
cost and of increased reliability and effectiveness;
(7) methods of testing fire alarms and fire
protection devices and systems on a non-interference basis;
(8) the development of purchase specifications, standards, and acceptance and validation test procedures for all such equipment
and devices; and
(9) operation tests, demonstration projects,
and fire investigations in support of the activities set forth in this section.
(b) Limitation on manufacture and sale of equipment
The Administration shall not engage in the
manufacture or sale of any equipment or device
developed pursuant to this section, except to the
extent that it deems it necessary to adequately
develop, test, or evaluate such equipment or device.
(c) Management studies
(1) The Administrator is authorized to conduct, directly or through contracts or grants,
studies of the operations and management aspects of fire services, utilizing quantitative
techniques, such as operations research, management economics, cost effectiveness studies,
and such other techniques and methods as may
be applicable and useful. Such studies shall include, but need not be limited to, the allocation
of resources, the optimum location of fire stations, the optimum geographical area for an integrated fire service, the manner of responding
to alarms, the operation of citywide and regional fire dispatch centers, firefighting under
conditions of civil disturbance, and the effectiveness, frequency, and methods of building inspections.
(2) The Administrator is authorized to conduct, directly or through contracts or grants,
studies of the operations and management aspects of fire service-based emergency medical
services and coordination between emergency
medical services and fire services. Such studies
may include the optimum protocols for on-scene
care, the allocation of resources, and the training requirements for fire service-based emergency medical services.
(3) The Administrator is authorized to conduct, directly or through contracts or grants, research concerning the productivity and effi-

§ 2207

TITLE 15—COMMERCE AND TRADE

ciency of fire service personnel, the job categories and skills required by fire services under
varying conditions, the reduction of injuries to
fire service personnel, the most effective fire
prevention programs and activities, and techniques for accuracy measuring and analyzing
the foregoing.
(4) The Administrator is authorized to conduct, directly or through contracts, grants, or
other forms of assistance, development, testing
and demonstration projects to the extent
deemed necessary to introduce and to encourage
the acceptance of new technology, standards,
operating methods, command techniques, and
management systems for utilization by the fire
services.
(5) The Administrator is authorized to assist
the Nation’s fire services, directly or through
contracts, grants, or other forms of assistance,
to measure and evaluate, on a cost-benefit basis,
the effectiveness of the programs and activities
of each fire service and the predictable consequences on the applicable local fire services of
coordination or combination, in whole or in
part, in a regional, metropolitan, or statewide
fire service.
(d) Rural and wildland-urban interface assistance
The Administrator may, in coordination with
the Secretary of Agriculture, the Secretary of
the Interior, and the Wildland Fire Leadership
Council, assist the fire services of the United
States, directly or through contracts, grants, or
other forms of assistance, in sponsoring and encouraging research into approaches, techniques,
systems, equipment, and land-use policies to improve fire prevention and control in—
(1) the rural and remote areas of the United
States; and
(2) the wildland-urban interface.
(e) Assistance to other Federal agencies
At the request of other Federal agencies, including the Department of Agriculture and the
Department of the Interior, the Administrator
may provide assistance in fire prevention and
control technologies, including methods of containing insect-infested forest fires and limiting
dispersal of resultant fire particle smoke, and
methods of measuring and tracking the dispersal of fine particle smoke resulting from fires of
insect-infested fuel.
(f) Technology evaluation and standards development
(1) In general
In addition to, or as part of, the program
conducted under subsection (a) of this section,
the Administrator, in consultation with the
National Institute of Standards and Technology, the Inter-Agency Board for Equipment
Standardization and Inter-Operability, the National Institute for Occupational Safety and
Health, the Directorate of Science and Technology of the Department of Homeland Security, national voluntary consensus standards
development organizations, interested Federal, State, and local agencies, and other interested parties, shall—
(A) develop new, and utilize existing,
measurement techniques and testing meth-

Page 1558

odologies for evaluating new firefighting
technologies, including—
(i) personal protection equipment;
(ii) devices for advance warning of extreme hazard;
(iii) equipment for enhanced vision;
(iv) devices to locate victims, firefighters, and other rescue personnel in
above-ground and below-ground structures;
(v) equipment and methods to provide information for incident command, including the monitoring and reporting of individual personnel welfare;
(vi) equipment and methods for training,
especially for virtual reality training; and
(vii) robotics and other remote-controlled devices;
(B) evaluate the compatibility of new
equipment and technology with existing
firefighting technology; and
(C) support the development of new voluntary consensus standards through national voluntary consensus standards organizations for new firefighting technologies
based on techniques and methodologies described in subparagraph (A).
(2) Standards for new equipment
(A) The Administrator shall, by regulation,
require that new equipment or systems purchased through the assistance program established by section 2229 of this title meet or exceed applicable voluntary consensus standards
for such equipment or systems for which applicable voluntary consensus standards have been
established. The Administrator may waive the
requirement under this subparagraph with respect to specific standards.
(B) If an applicant for a grant under section
2229 of this title proposes to purchase, with assistance provided under the grant, new equipment or systems that do not meet or exceed
applicable voluntary consensus standards, the
applicant shall include in the application an
explanation of why such equipment or systems
will serve the needs of the applicant better
than equipment or systems that do meet or exceed such standards.
(C) In making a determination whether or
not to waive the requirement under subparagraph (A) with respect to a specific standard,
the Administrator shall, to the greatest extent
practicable—
(i) consult with grant applicants and other
members of the fire services regarding the
impact on fire departments of the requirement to meet or exceed the specific standard;
(ii) take into consideration the explanation provided by the applicant under subparagraph (B); and
(iii) seek to minimize the impact of the requirement to meet or exceed the specific
standard on the applicant, particularly if
meeting the standard would impose additional costs.
(D) Applicants that apply for a grant under
the terms of subparagraph (B) may include a
second grant request in the application to be
considered by the Administrator in the event

Page 1559

TITLE 15—COMMERCE AND TRADE

that the Administrator does not approve the
primary grant request on the grounds of the
equipment not meeting applicable voluntary
consensus standards.
(g) Coordination
In establishing and conducting programs
under this section, the Administrator shall take
full advantage of applicable technological developments made by other departments and agencies of the Federal Government, by State and
local governments, and by business, industry,
and nonprofit associations.
(h) Publication of research results
(1) In general
For each fire-related research program funded by the Administration, the Administrator
shall make available to the public on the
Internet website of the Administration the following:
(A) A description of such research program, including the scope, methodology, and
goals thereof.
(B) Information that identifies the individuals or institutions conducting the research
program.
(C) The amount of funding provided by the
Administration for such program.
(D) The results or findings of the research
program.
(2) Deadlines
(A) In general
Except as provided in subparagraph (B),
the information required by paragraph (1)
shall be published with respect to a research
program as follows:
(i) The information described in subparagraphs (A), (B), and (C) of paragraph (1)
with respect to such research program
shall be made available under paragraph
(1) not later than 30 days after the Administrator has awarded the funding for such
research program.
(ii) The information described in subparagraph (D) of paragraph (1) with respect
to a research program shall be made available under paragraph (1) not later than 60
days after the date such research program
has been completed.
(B) Exception
No information shall be required to be
published under this subsection before the
date that is 1 year after October 8, 2008.
(Pub. L. 93–498, § 8, Oct. 29, 1974, 88 Stat. 1540;
Pub. L. 108–169, title II, § 202, Dec. 6, 2003, 117
Stat. 2037; Pub. L. 110–376, §§ 6, 9(b), Oct. 8, 2008,
122 Stat. 4059, 4061.)
AMENDMENTS
2008—Subsec. (c)(2) to (5). Pub. L. 110–376, § 9(b), added
par. (2) and redesignated former pars. (2) to (4) as (3) to
(5), respectively.
Subsec. (d). Pub. L. 110–376, § 6(a), amended subsec. (d)
generally. Prior to amendment, text read as follows:
‘‘The Administrator is authorized to assist the Nation’s
fire services, directly or through contracts, grants, or
other forms of assistance, to sponsor and encourage research into approaches, techniques, systems, and equipment to improve fire prevention and control in the
rural and remote areas of the Nation.’’

§ 2208

Subsec. (h). Pub. L. 110–376, § 6(b), added subsec. (h).
2003—Subsecs. (e) to (g). Pub. L. 108–169 added subsecs.
(e) and (f) and redesignated former subsec. (e) as (g).
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
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.

§ 2208. National Fire Data Center
(a) Functions
The Administrator shall operate, directly or
through contracts or grants, an integrated, comprehensive National Fire Data Center for the selection, analysis, publication, and dissemination
of information related to the prevention, occurrence, control, and results of fires of all types.
The program of such Data Center shall be designed to (1) provide an accurate nationwide
analysis of the fire problem, (2) identify major
problem areas, (3) assist in setting priorities, (4)
determine possible solutions to problems, and (5)
monitor the progress of programs to reduce fire
losses. To carry out these functions, the Data
Center shall gather and analyze—
(1) information on the frequency, causes,
spread, and extinguishment of fires;
(2) information on the number of injuries
and deaths resulting from fires, including the
maximum available information on the specific causes and nature of such injuries and
deaths, and information on property losses;
(3) information on the occupational hazards
faced by firefighters, including the causes of
deaths and injuries arising, directly and indirectly, from firefighting activities;
(4) information on all types of firefighting
activities, including inspection practices;
(5) technical information related to building
construction, fire properties of materials, and
similar information;
(6) information on fire prevention and control laws, systems, methods, techniques, and
administrative structures used in foreign nations;
(7) information on the causes, behavior, and
best method of control of other types of fire,
including, but not limited to, forest fires,
brush fires, fire underground, oil blow-out
fires, and water-borne fires; and
(8) such other information and data as is
deemed useful and applicable.

§ 2209

TITLE 15—COMMERCE AND TRADE

(b) Methods
In carrying out the program of the Data Center, the Administrator is authorized to—
(1) develop standardized data reporting
methods;
(2) encourage and assist Federal, State,
local, and other agencies, public and private,
in developing and reporting information; and
(3) make full use of existing data gathering
and analysis organizations, both public and
private.
(c) Dissemination of fire data
The Administrator shall insure dissemination
to the maximum extent possible of fire data collected and developed by the Data Center, and
shall make such data, information, and analysis
available in appropriate form to Federal agencies, State and local governments, private organizations, industry, business, and other interested persons.
(d) National Fire Incident Reporting System update
(1) In general
The Administrator shall update the National
Fire Incident Reporting System to ensure that
the information in the system is available,
and can be updated, through the Internet and
in real time.
(2) Limitation
Of the amounts made available pursuant to
subparagraphs (E), (F), and (G) of section
2216(g)(1) of this title, the Administrator shall
use not more than an aggregate amount of
$5,000,000 during the 3-year period consisting of
fiscal years 2009, 2010, and 2011 to carry out the
activities required by paragraph (1).
(Pub. L. 93–498, § 9, Oct. 29, 1974, 88 Stat. 1541;
Pub. L. 110–376, § 5, Oct. 8, 2008, 122 Stat. 4059.)
AMENDMENTS
2008—Subsec. (b)(2). Pub. L. 110–376, § 5(b), substituted
‘‘assist Federal, State,’’ for ‘‘assist State,’’.
Subsec. (d). Pub. L. 110–376, § 5(a), added subsec. (d).
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
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.

Page 1560

§ 2209. Master plans
(a) Encouragement by Administrator
The establishment of master plans for fire prevention and control are the responsibility of the
States and the political subdivisions thereof.
The Administrator is authorized to encourage
and assist such States and political subdivisions
in such planning activities, consistent with his
powers and duties under this chapter.
(b) Mutual aid systems
(1) In general
The Administrator shall provide technical
assistance and training to State and local fire
service officials to establish nationwide and
State mutual aid systems for dealing with national emergencies that—
(A) include threat assessment and equipment deployment strategies;
(B) include means of collecting asset and
resource information to provide accurate
and timely data for regional deployment;
and
(C) are consistent with the Federal Response Plan.
(2) Model mutual aid plans
The Administrator shall develop and make
available to State and local fire service officials model mutual aid plans for both intrastate and interstate assistance.
(c) ‘‘Master plan’’ defined
For the purposes of this section, a ‘‘master
plan’’ is one which will result in the planning
and implementation in the area involved of a
general program of action for fire prevention
and control. Such master plan is reasonably expected to include (1) a survey of the resources
and personnel of existing fire services and an
analysis of the effectiveness of the fire and
building codes in such area; (2) an analysis of
short and long term fire prevention and control
needs in such area; (3) a plan to meet the fire
prevention and control needs in such area; and
(4) an estimate of cost and realistic plans for financing the implementation of the plan and operation on a continuing basis and a summary of
problems that are anticipated in implementing
such master plan.
(Pub. L. 93–498, § 10, Oct. 29, 1974, 88 Stat. 1542;
Pub. L. 106–503, title I, § 110(a)(1)(A), Nov. 13,
2000, 114 Stat. 2302; Pub. L. 108–169, title II,
§ 203(a), Dec. 6, 2003, 117 Stat. 2038.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 93–498, Oct. 29,
1974, 88 Stat. 1535, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 2201 of
this title and Tables.
AMENDMENTS
2003—Subsecs. (b), (c). Pub. L. 108–169 added subsec.
(b) and redesignated former subsec. (b) as (c).
2000—Subsecs. (b), (c). Pub. L. 106–503 redesignated
subsec. (c) as (b) and struck out former subsec. (b)
which required Secretary to submit to Congress a report on establishment and effectiveness of master plans
four years after Oct. 29, 1974.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of

Page 1561

§ 2211

TITLE 15—COMMERCE AND TRADE

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
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.

§ 2210. Reimbursement for costs of firefighting
on Federal property
(a) Filing of claims
Each fire service that engages in the fighting
of a fire on property which is under the jurisdiction of the United States may file a claim with
the Administrator for the amount of direct expenses and direct losses incurred by such fire
service as a result of fighting such fire. The
claim shall include such supporting information
as the Administrator may prescribe.
(b) Determination
Upon receipt of a claim filed under subsection
(a) of this section, the Administrator shall determine—
(1) what payments, if any, to the fire service
or its parent jurisdiction, including taxes or
payments in lieu of taxes, the United States
has made for the support of fire services on
the property in question;
(2) the extent to which the fire service incurred additional firefighting costs, over and
above its normal operating costs, in connection with the fire which is the subject of the
claim; and
(3) the amount, if any, of the additional
costs referred to in paragraph (2) of this subsection which were not adequately covered by
the payments referred to in paragraph (1) of
this subsection.
(c) Payment
The Director shall forward the claim and a
copy of the Administrator’s determination
under subsection (b)(3) of this section to the
Secretary of the Treasury. The Secretary of the
Treasury shall, upon receipt of the claim and determination, pay such fire service or its parent
jurisdiction, from any moneys in the Treasury
not otherwise appropriated but subject to reimbursement (from any appropriations which may
be available or which may be made available for
the purpose) by the Federal department or agency under whose jurisdiction the fire occurred, a
sum no greater than the amount determined
with respect to the claim under subsection (b)(3)
of this section.
(d) Adjudication
In the case of a dispute arising in connection
with a claim under this section, the United

States Court of Federal Claims shall have jurisdiction to adjudicate the claim and enter judgment accordingly.
(Pub. L. 93–498, § 11, Oct. 29, 1974, 88 Stat. 1543;
Pub. L. 97–164, title I, § 146, Apr. 2, 1982, 96 Stat.
45; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29,
1992, 106 Stat. 4516; Pub. L. 106–503, title I,
§ 110(a)(2)(B)(iii), Nov. 13, 2000, 114 Stat. 2302.)
AMENDMENTS
2000—Subsec. (c). Pub. L. 106–503 substituted ‘‘Director shall forward’’ for ‘‘Secretary shall forward’’.
1992—Subsec. (d). Pub. L. 102–572 substituted ‘‘United
States Court of Federal Claims’’ for ‘‘United States
Claims Court’’.
1982—Subsec. (d). Pub. L. 97–164 substituted ‘‘United
States Claims Court’’ for ‘‘Court of Claims of the
United States’’.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–572 effective Oct. 29, 1992,
see section 911 of Pub. L. 102–572, set out as a note
under section 171 of Title 28, Judiciary and Judicial
Procedure.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–164 effective Oct. 1, 1982,
see section 402 of Pub. L. 97–164, set out as a note under
section 171 of Title 28, Judiciary and Judicial Procedure.
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
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.

§ 2211. Review of fire prevention codes
The Administrator is authorized to review,
evaluate, and suggest improvements in State
and local fire prevention codes, building codes,
and any relevant Federal or private codes and
regulations. In evaluating any such code or
codes, the Administrator shall consider the
human impact of all code requirements, standards, or provisions in terms of comfort and habitability for residents or employees, as well as
the fire prevention and control value or potential of each such requirement, standard, or provision.
(Pub. L. 93–498, § 12, Oct. 29, 1974, 88 Stat. 1543.)
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of

§ 2212

TITLE 15—COMMERCE AND TRADE

Page 1562

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
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.

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
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.

§ 2212. Fire safety effectiveness statements

§ 2214. Public safety awards

The Administrator is authorized to encourage
owners and managers of residential multipleunit, commercial, industrial, and transportation
structures to prepare Fire Safety Effectiveness
Statements, pursuant to standards, forms, rules,
and regulations to be developed and issued by
the Administrator.

(a) Establishment
There is hereby established an honorary award
for the recognition of outstanding and distinguished service by public safety officers to be
known as the Director’s Award For Distinguished Public Safety Service (‘‘Director’s
Award’’).
(b) Description
The Director’s Award shall be presented by the
Director or by the Attorney General to public
safety officers for distinguished service in the
field of public safety.
(c) Award
Each Director’s Award shall consist of an appropriate citation.
(d) Regulations
The Director and the Attorney General are authorized and directed to issue jointly such regulations as may be necessary to carry out this
section.
(e) ‘‘Public safety officer’’ defined
As used in this section, the term ‘‘public safety officer’’ means a person serving a public
agency, with or without compensation, as—
(1) a firefighter;
(2) a law enforcement officer, including a
corrections or court officer; or
(3) a civil defense officer.

(Pub. L. 93–498, § 13, Oct. 29, 1974, 88 Stat. 1544.)
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
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.

§ 2213. Annual conference
The Administrator is authorized to organize,
or to participate in organizing, an annual conference on fire prevention and control. He may
pay, in whole or in part, the cost of such conference and the expenses of some or all of the
participants. All of the Nation’s fire services
shall be eligible to send representatives to each
such conference to discuss, exchange ideas on,
and participate in educational programs on new
techniques in fire prevention and control. Such
conferences shall be open to the public.
(Pub. L. 93–498, § 14, Oct. 29, 1974, 88 Stat. 1544.)
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of

(Pub. L. 93–498, § 15, Oct. 29, 1974, 88 Stat. 1544;
Pub. L. 98–241, title II, § 202, Mar. 22, 1984, 98
Stat. 96; Pub. L. 106–503, title I, § 110(a)(2)(B)(iv),
(v), (C), Nov. 13, 2000, 114 Stat. 2302; Pub. L.
107–12, § 8, May 30, 2001, 115 Stat. 22.)
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–12, § 8(1), added subsec.
(a) and struck out heading and text of former subsec.
(a). Text read as follows: ‘‘There are hereby established
two classes of honorary awards for the recognition of
outstanding and distinguished service by public safety
officers—
‘‘(1) the President’s Award For Outstanding Public
Safety Service (‘President’s Award’); and
‘‘(2) the Director’s Award For Distinguished Public
Safety Service (‘Director’s Award’).’’
Subsec. (b). Pub. L. 107–12, § 8(2), struck out pars. (1)
and (2) designations and text of par. (1) which read as

Page 1563

TITLE 15—COMMERCE AND TRADE

follows: ‘‘The President’s Award shall be presented by
the President of the United States to public safety officers for extraordinary valor in the line of duty or for
outstanding contribution to public safety.’’
Subsec. (c). Pub. L. 107–12, § 8(3), (4), redesignated subsec. (e) as (c) and struck out pars. (1) and (2) designations and text of par. (1), which read as follows: ‘‘Each
President’s Award shall consist of—
‘‘(A) a medal suitably inscribed, bearing such devices and emblems, and struck from such material as
the Secretary of the Treasury, after consultation
with the Director and the Attorney General deems
appropriate. The Secretary of the Treasury shall
cause the medal to be struck and furnished to the
President; and
‘‘(B) an appropriate citation.’’
Former subsec. (c) was struck out.
Pub. L. 107–12, § 8(3), struck out heading and text of
subsec. (c). Text read as follows: ‘‘The Director and the
Attorney General shall advise and assist the President
in the selection of individuals to whom the President’s
Award shall be tendered and in the course of performing such duties they shall seek and review nominations
for such awards which are submitted to them by Federal, State, county, and local government officials.
They shall annually transmit to the President the
names of those individuals determined by them to
merit the award, together with the reasons therefor.
Recipients of the President’s Award shall be selected by
the President.’’
Subsec. (d). Pub. L. 107–12, § 8(3), redesignated subsec.
(f) as (d) and struck out heading and text of former subsec. (d). Text read as follows:
‘‘(1) There shall not be presented in any one calendar
year in excess of twelve President’s Awards.
‘‘(2) There shall be no limitation on the number of Director’s Awards presented.’’
Subsecs. (e) to (g). Pub. L. 107–12, § 8(3), redesignated
subsecs. (e) to (g) as (c) to (e), respectively.
2000—Subsec. (a)(2). Pub. L. 106–503, § 110(a)(2)(C), substituted ‘‘Director’s’’ for ‘‘Secretary’s’’ in two places.
Subsec. (b)(2). Pub. L. 106–503, § 110(a)(2)(B)(iv), (C),
substituted ‘‘Director’s’’ for ‘‘Secretary’s’’ and ‘‘Director’’ for ‘‘Secretary’’.
Subsec. (c). Pub. L. 106–503, § 110(a)(2)(B)(iv), substituted ‘‘Director’’ for ‘‘Secretary’’.
Subsec. (d)(2). Pub. L. 106–503, § 110(a)(2)(C), substituted ‘‘Director’s’’ for ‘‘Secretary’s’’.
Subsec. (e)(1)(A). Pub. L. 106–503, § 110(a)(2)(B)(v), substituted ‘‘with the Director’’ for ‘‘with the Secretary’’.
Subsec. (e)(2). Pub. L. 106–503, § 110(a)(2)(C), substituted ‘‘Director’s’’ for ‘‘Secretary’s’’.
Subsec. (f). Pub. L. 106–503, § 110(a)(2)(B)(iv), substituted ‘‘Director’’ for ‘‘Secretary’’.
1984—Subsecs. (b)(2), (c), (e)(1)(A), (f). Pub. L. 98–241
struck out ‘‘, the Secretary of Defense,’’ after ‘‘Secretary’’ wherever appearing.
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
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency

§ 2215

Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.
EX. ORD. NO. 13161. ESTABLISHMENT OF THE PRESIDENTIAL MEDAL OF VALOR FOR PUBLIC SAFETY OFFICERS

Ex. Ord. No. 13161, June 29, 2000, 65 F.R. 41543, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is ordered:
SECTION 1. The Presidential Medal of Valor for Public
Safety Officers (Medal) is established for the purpose of
recognizing those public safety officers adjudged to
have shown extraordinary valor above and beyond the
call of duty in the exercise of their official duties. As
used in this section, the term ‘‘public safety officer’’
means a person serving a public agency with or without
compensation:
(1) as a law enforcement officer, including police,
correctional, probation, or parole officers;
(2) as a firefighter or emergency responder; and
(3) who is employed by the Government of the
United States, any State of the United States, any officially recognized elective body within a State of the
United States, or any Federally recognized tribal organization.
SEC. 2. Eligible recipients generally will be recommended to the President by the Attorney General by
April 1 of each year. Pursuant to 36 U.S.C. 136–137, the
President designates May 15 of each year as ‘‘Peace Officers Memorial Day’’ and the week in which it falls as
‘‘Police Week.’’ Presentation of the Medal shall occur
at an appropriate time during the commemoration of
Police Week, as far as is practicable.
SEC. 3. The President may select for the Medal up to
ten persons annually from among those persons recommended to the President by the Attorney General.
In submitting recommendations to the President, the
Attorney General may consult with experts representing all segments of the public safety sector, including
representatives from law enforcement, firefighters, and
emergency services.
SEC. 4. Those chosen for recognition shall receive a
medal and a certificate, the designs of which shall be
submitted by the Attorney General for the President’s
approval no later than December 1, 2000. The medal and
certificate shall be prepared by the Department of Justice.
SEC. 5. The Medal may be given posthumously.
WILLIAM J. CLINTON.

§ 2215. Reports to Congress and President
The Director shall report to the Congress and
the President not later than ninety calendar
days following the year ending September 30,
1980 and similarly each year thereafter on all activities relating to fire prevention and control,
and all measures taken to implement and carry
out this chapter during the preceding calendar
year. Such report shall include, but need not be
limited to—
(a) a thorough appraisal, including statistical analysis, estimates, and long-term projections of the human and economic losses due
to fire;
(b) a survey and summary, in such detail as
is deemed advisable, of the research and technology program undertaken or sponsored pursuant to this chapter;
(c) a summary of the activities of the Academy for the preceding 12 months, including,
but not limited to—
(1) an explanation of the curriculum of
study;

§ 2216

TITLE 15—COMMERCE AND TRADE

(2) a description of the standards of admission and performance;
(3) the criteria for the awarding of degrees
and certificates; and
(4) a statistical compilation of the number
of students attending the Academy and receiving degrees or certificates;
(d) a summary of the activities undertaken
to assist the Nation’s fire services;
(e) a summary of the public education programs undertaken;
(f) an analysis of the extent of participation
in preparing and submitting Fire Safety Effectiveness Statements;
(g) a summary of outstanding problems confronting the administration of this chapter, in
order of priority;
(h) such recommendations for additional legislation as are deemed necessary or appropriate; and
(i) a summary of reviews, evaluations, and
suggested improvements in State and local
fire prevention and building codes, fire services, and any relevant Federal or private
codes, regulations, and fire services.
(Pub. L. 93–498, § 16, Oct. 29, 1974, 88 Stat. 1545;
Pub. L. 96–472, title II, § 202, Oct. 19, 1980, 94 Stat.
2260; Pub. L. 106–503, title I, § 110(a)(2)(B)(vi),
Nov. 13, 2000, 114 Stat. 2302.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–498, Oct. 29, 1974, 88
Stat. 1535, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 2201 of this
title and Tables.
AMENDMENTS
2000—Pub. L. 106–503 substituted ‘‘Director’’ for ‘‘Secretary’’ in introductory provisions.
1980—Pub. L. 96–472 substituted ‘‘ninety calendar days
following the year ending September 30, 1980 and similarly each year thereafter’’ for ‘‘June 30 of the year following October 29, 1974, and each year thereafter’’.
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
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.

§ 2216. Authorization of appropriations
(a) There are authorized to be appropriated to
carry out the foregoing provisions of this chap-

Page 1564

ter, except as otherwise specifically provided,
with respect to the payment of claims, under
section 2210 of this title, an amount not to exceed $25,210,000 for the fiscal year ending September 30, 1980, which amount includes—
(1) $4,781,000 for programs which are recommended in the report submitted to the Congress by the Administrator pursuant to section 2220(b)(1) 1 of this title;
(2) $9,430,000 for the National Academy for
Fire Prevention and Control;
(3) $307,000 for adjustments required by law
in salaries, pay, retirement, and employee
benefits;
(4) $500,000 for additional rural firefighting
technical assistance and information activities;
(5) $500,000 for the study required by section
2222 1 of this title; and
(6) $110,000 for the study required by section
2223 1 of this title.
(b) There are authorized to be appropriated for
the additional administrative expenses of the
Federal Emergency Management Agency, which
are related to this chapter and which result
from Reorganization Plan Numbered 3 of 1978
(submitted June 19, 1978) and related Executive
orders, an amount not to exceed $600,000 for the
fiscal year ending September 30, 1980.
(c) There are authorized to be appropriated to
carry out this chapter, except as otherwise specifically provided with respect to the payment
of claims under section 2210 of this title, an
amount not to exceed $23,814,000 for the fiscal
year ending September 30, 1981, which amount
includes—
(1) not less than $1,100,000 for the first year
of a three-year concentrated demonstration
program of fire prevention and control in two
States with high fire death rates;
(2) not less than $2,575,000 for rural fire prevention and control; and
(3) not less than $4,255,000 for research and
development for the activities under section
278f of this title at the Fire Research Center of
the National Institute of Standards and Technology, of which not less than $250,000 shall be
available for adjustments required by law in
salaries, pay, retirement, and employee benefits.
The funds authorized in paragraph (3) shall be in
addition to funds authorized in any other law for
research and development at the Fire Research
Center.
(d) Except as otherwise specifically provided
with respect to the payment of claims under section 2210 of this title, to carry out the purposes
of this chapter, there are authorized to be appropriated—
(1) $20,815,000 for the fiscal year ending September 30, 1982, and $23,312,800 for the fiscal
year ending September 30, 1983, which amount
shall include—
(A) such sums as may be necessary for the
support of research and development at the
Fire Research Center of the National Institute of Standards and Technology under section 278f of this title, which sums shall be in
1 See

References in Text note below.

Page 1565

TITLE 15—COMMERCE AND TRADE

addition to those funds authorized to be appropriated under the National Bureau of
Standards Authorization Act for fiscal years
1981 and 1982; and
(B) $654,000 for the fiscal year ending September 30, 1982, and $732,480 for the fiscal
year ending September 30, 1983, for executive
direction by the Federal Emergency Management Agency of program activities for
which appropriations are authorized by this
subsection; and
(2) such further sums as may be necessary in
each of the fiscal years ending September 30,
1982, and September 30, 1983, for adjustments
required by law in salaries, pay, retirement,
and employee benefits incurred in the conduct
of activities for which funds are authorized by
paragraph (1) of this subsection.
The funds authorized under section 278f of this
title shall be in addition to funds authorized in
any other law for research and development at
the Fire Research Center of the National Institute of Standards and Technology.
(e) Except as otherwise specifically provided
with respect to the payment of claims under section 2210 of this title, to carry out the purposes
of this chapter, there are authorized to be appropriated—
(1) $15,720,000 for the fiscal year ending September 30, 1984, and $20,983,000 for the fiscal
year ending September 30, 1985; and
(2) such further sums as may be necessary in
each of the fiscal years ending September 30,
1984, and September 30, 1985, for adjustments
required by law in salaries, pay, retirement,
and employee benefits incurred in the conduct
of activities for which funds are authorized by
paragraph (1) of this subsection.
The funds authorized under this subsection shall
be in addition to funds authorized in any other
law for research and development at the Fire
Research Center of the National Institute of
Standards and Technology.
(f) Except as otherwise specifically provided
with respect to the payment of claims under section 2210 of this title, to carry out the purposes
of this chapter, there are authorized to be appropriated $22,037,000 for the fiscal year ending September 30, 1986 and $18,300,000 for the fiscal year
ending September 30, 1987.
(g)(1) Except as otherwise specifically provided
with respect to the payment of claims under section 2210 of this title, there are authorized to be
appropriated to carry out the purposes of this
chapter—
(A) $63,000,000 for fiscal year 2005, of which
$2,266,000 shall be used to carry out section
2207(f) of this title;
(B) $64,850,000 for fiscal year 2006, of which
$2,334,000 shall be used to carry out section
2207(f) of this title;
(C) $66,796,000 for fiscal year 2007, of which
$2,404,000 shall be used to carry out section
2207(f) of this title;
(D) $68,800,000 for fiscal year 2008, of which
$2,476,000 shall be used to carry out section
2207(f) of this title;
(E) $70,000,000 for fiscal year 2009, of which
$2,520,000 shall be used to carry out section
2207(f) of this title;

§ 2216

(F) $72,100,000 for fiscal year 2010, of which
$2,595,600 shall be used to carry out section
2207(f) of this title;
(G) $74,263,000 for fiscal year 2011, of which
$2,673,468 shall be used to carry out section
2207(f) of this title; and
(H) $76,490,890 for fiscal year 2012, of which
$2,753,672 shall be used to carry out section
2207(f) of this title.
(2) Of the amounts referred to in paragraph (1),
not more than $4,150,000 is authorized to be appropriated for each fiscal year for National
Emergency Training Center site administration.
(h) In addition to any other amounts that are
authorized to be appropriated to carry out this
chapter, there are authorized to be appropriated
to carry out this chapter—
(1) $500,000 for fiscal year 1995 for basic research on the development of an advanced
course on arson prevention;
(2) $2,000,000 for fiscal year 1996 for the expansion of arson investigator training programs at the Academy under section 2220 of
this title and at the Federal Law Enforcement
Training Center, or through regional delivery
sites;
(3) $4,000,000 for each of fiscal years 1995 and
1996 for carrying out section 2221 of this title,
except for salaries and expenses for carrying
out section 2221 of this title; and
(4) $250,000 for each of the fiscal years 1995
and 1996 for salaries and expenses for carrying
out section 2221 of this title.
(Pub. L. 93–498, § 17, Oct. 29, 1974, 88 Stat. 1545;
Pub. L. 94–411, § 1(a), Sept. 13, 1976, 90 Stat. 1254;
Pub. L. 95–422, § 1(a), Oct. 5, 1978, 92 Stat. 932;
Pub. L. 96–121, § 1, Nov. 16, 1979, 93 Stat. 863; Pub.
L. 96–472, title II, § 201, Oct. 19, 1980, 94 Stat. 2260;
Pub. L. 97–80, title II, § 201, Nov. 20, 1981, 95 Stat.
1081; Pub. L. 98–241, title II, § 201, Mar. 22, 1984, 98
Stat. 95; Pub. L. 99–97, Sept. 26, 1985, 99 Stat. 465;
Pub. L. 99–359, § 1, July 8, 1986, 100 Stat. 764; Pub.
L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102
Stat. 1433; Pub. L. 100–476, § 1, Oct. 6, 1988, 102
Stat. 2304; Pub. L. 102–522, title I, § 101, Oct. 26,
1992, 106 Stat. 3410; Pub. L. 103–254, § 7, May 19,
1994, 108 Stat. 682; Pub. L. 105–108, § 2, Nov. 20,
1997, 111 Stat. 2264; Pub. L. 106–503, title I, § 102,
Nov. 13, 2000, 114 Stat. 2298; Pub. L. 108–169, title
I, § 103, Dec. 6, 2003, 117 Stat. 2036; Pub. L. 110–376,
§ 3, Oct. 8, 2008, 122 Stat. 4057.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–498, Oct. 29, 1974, 88
Stat. 1535, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 2201 of this
title and Tables.
Section 2220(b)(1) of this title, referred to in subsec.
(a)(1), was repealed by Pub. L. 106–503, title I,
§ 110(a)(1)(D), Nov. 13, 2000, 114 Stat. 2302.
Sections 2222 and 2223 of this title, referred to in subsec. (a)(5), (6), respectively, were repealed by Pub. L.
106–503, title I, § 110(a)(1)(B), Nov. 13, 2000, 114 Stat. 2302.
Reorganization Plan Numbered 3 of 1978, referred to
in subsec. (b), is set out in the Appendix to Title 5, Government Organization and Employees.
The National Bureau of Standards Authorization Act
for fiscal years 1981 and 1982, referred to in subsec.
(d)(1)(A), is Pub. L. 96–461, Oct. 15, 1980, 94 Stat. 2049,
which enacted section 278g of this title, amended sec-

§ 2217

TITLE 15—COMMERCE AND TRADE

tions 278d and 278h of this title, and enacted provisions
set out as notes under section 278g of this title. For
complete classification of this Act to the Code, see
Tables.
AMENDMENTS
2008—Subsec. (g)(1)(E) to (H). Pub. L. 110–376 added
subpars. (E) to (H).
2003—Subsec. (g)(1). Pub. L. 108–169 added subpars. (A)
to (D) and struck out former subpars. (A) to (K) which
authorized appropriations for fiscal years 1989 to 2003.
2000—Subsec. (g)(1)(I) to (K). Pub. L. 106–503 added
subpars. (I) to (K).
1997—Subsec. (g)(1)(G), (H). Pub. L. 105–108 added subpars. (G) and (H).
1994—Subsec. (h). Pub. L. 103–254 added subsec. (h).
1992—Subsec. (g)(1)(D) to (F). Pub. L. 102–522 added
subpars. (D) to (F).
1988—Subsecs. (c)(3), (d), (e). Pub. L. 100–418 substituted ‘‘National Institute of Standards and Technology’’ for ‘‘National Bureau of Standards’’ wherever
appearing.
Subsec. (g). Pub. L. 100–476 added subsec. (g).
1986—Subsec. (f). Pub. L. 99–359 substituted ‘‘are’’ for
‘‘is’’ and inserted ‘‘and $18,300,000 for the fiscal year
ending September 30, 1987’’.
1985—Subsec. (f). Pub. L. 99–97 added subsec. (f).
1984—Subsec. (e). Pub. L. 98–241 added subsec. (e).
1981—Subsec. (d). Pub. L. 97–80 added subsec. (d).
1980—Subsec. (c). Pub. L. 96–472 added subsec. (c).
1979—Subsec. (a). Pub. L. 96–121 designated existing
provisions as subsec. (a), substituted provisions authorizing to be appropriated an amount not to exceed
$25,210,000 for fiscal year ending Sept. 30, 1980, for provisions authorizing appropriations not to exceed
$3,750,000 for the transitional fiscal quarter of July 1,
1976 through Sept. 30, 1976, not to exceed $15,000,000 for
fiscal year ending Sept. 30, 1977, not to exceed
$20,000,000 for fiscal year ending Sept. 30, 1978, and not
to exceed $24,352,000 for fiscal year ending Sept. 30, 1979,
and added pars. (1) to (6).
Subsec. (b). Pub. L. 96–121 added subsec. (b).
1978—Pub. L. 95–422 substituted ‘‘except as otherwise
specifically provided, with respect to the payment of
claims, under section 2210 of this title’’ for ‘‘except section 2210 of this title’’, struck out ‘‘and’’ after ‘‘September 30, 1977’’, and inserted provision authorizing appropriation of not to exceed $24,352,000 for fiscal year
ending Sept. 30, 1979.
1976—Pub. L. 94–411 substituted provisions authorizing to be appropriated not to exceed $3,750,000 for the
transitional fiscal quarter of July 1, 1976, through Sept.
30, 1976, not to exceed $15,000,000 for fiscal year ending
Sept. 30, 1977, and not to exceed $20,000,000 for fiscal
year ending Sept. 30, 1978, for provisions authorizing to
be appropriated such sums as are necessary, not to exceed $10,000,000 for fiscal year ending June 30, 1975, and
not to exceed $15,000,000 for fiscal year ending June 30,
1976.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Federal Law Enforcement Training Center of the Department of the Treasury to the Secretary
of Homeland Security, and for treatment of related references, see sections 203(4), 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.
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 Agen-

Page 1566

cy, 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
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.
ARSON PREVENTION GRANTS; TERMINATION OF
APPROPRIATIONS
Section 8 of Pub. L. 103–254 provided that: ‘‘Notwithstanding any other provision of this Act [see Short
Title of 1994 Amendment note set out under section 2201
of this title], no funds are authorized to be appropriated for any fiscal year after fiscal year 1996 for carrying out the programs for which funds are authorized
by this Act, or the amendments made by this Act.’’

§ 2217. Public access to information
Copies of any document, report, statement, or
information received or sent by the Director or
the Administrator shall be made available to
the public pursuant to the provisions of section
552 of title 5: Provided, That, notwithstanding
the provisions of subsection (b) of such section
and of section 1905 of title 18, the Director may
disclose information which concerns or relates
to a trade secret—
(1) upon request, to other Federal Government departments and agencies for official
use;
(2) upon request, to any committee of Congress having jurisdiction over the subject matter to which the information relates;
(3) in any judicial proceeding under a court
order formulated to preserve the confidentiality of such information without impairing the
proceedings; and
(4) to the public when he determines such
disclosure to be necessary in order to protect
health and safety after notice and opportunity
for comment in writing or for discussion in
closed session within fifteen days by the party
to which the information pertains (if the delay
resulting from such notice and opportunity for
comment would not be detrimental to health
and safety).
(Pub. L. 93–498, § 20, Oct. 29, 1974, 88 Stat. 1547;
Pub. L. 106–503, title I, § 110(a)(2)(B)(viii), Nov. 13,
2000, 114 Stat. 2302.)
AMENDMENTS
2000—Pub. L. 106–503 substituted ‘‘Director’’ for ‘‘Secretary’’ in two places in introductory provisions.
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 Fed-

Page 1567

eral Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.

§ 2218. Administrative provisions
(a) Assistance to Administrator
Each department, agency, and instrumentality of the executive branch of the Federal Government and each independent regulatory agency of the United States is authorized and directed to furnish to the Administrator, upon
written request, on a reimbursable basis or
otherwise, such assistance as the Administrator
deems necessary to carry out his functions and
duties pursuant to this chapter, including, but
not limited to, transfer of personnel with their
consent and without prejudice to their position
and ratings.
(b) Powers of Administrator
With respect to this chapter, the Administrator is authorized to—
(1) enter into, without regard to section 6101
of title 41 1 such contracts, grants, leases, cooperative agreements, or other transactions as
may be necessary to carry out the provisions
of this chapter;
(2) accept gifts and voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31;
(3) purchase, lease, or otherwise acquire,
own, hold, improve, use, or deal in and with
any property (real, personal, or mixed, tangible or intangible), or interest in property,
wherever situated; and sell, convey, mortgage,
pledge, lease, exchange, or otherwise dispose
of property and assets;
(4) procure temporary and intermittent services to the same extent as is authorized under
section 3109 of title 5, but at rates not to exceed the daily equivalent of the maximum annual rate of basic pay then in effect for grade
GS–15 of the General Schedule (5 U.S.C.
5332(a)) for qualified experts; and
(5) establish such rules, regulations, and procedures as are necessary to carry out the provisions of this chapter.
(c) Audit
The Director and the Comptroller General of
the United States, or any of their duly authorized representatives, shall have access to any
books, documents, papers, and records of the recipients of contracts, grants, or other forms of
assistance that are pertinent to its activities
under this chapter for the purpose of audit or to
determine if a proposed activity is in the public
interest.
(d) Inventions and discoveries
All property rights with respect to inventions
and discoveries, which are made in the course of
1 So

§ 2218

TITLE 15—COMMERCE AND TRADE

in original. Probably should be followed by a comma.

or under contract with any government agency
pursuant to this chapter, shall be subject to the
basic policies set forth in the President’s Statement of Government Patent Policy issued August 23, 1971, or such revisions of that statement
of the policy as may subsequently be promulgated and published in the Federal Register.
(e) Coordination
(1) In general
To the extent practicable, the Administrator
shall use existing programs, data, information, and facilities already available in other
Federal Government departments and agencies and, where appropriate, existing research
organizations, centers, and universities.
(2) Coordination of fire prevention and control
programs
The Administrator shall provide liaison at
an appropriate organizational level to assure
coordination of the activities of the Administrator with Federal, State, and local government agencies and departments and nongovernmental organizations concerned with
any matter related to programs of fire prevention and control.
(3) Coordination of emergency medical services programs
The Administrator shall provide liaison at
an appropriate organizational level to assure
coordination of the activities of the Administrator related to emergency medical services
provided by fire service-based systems with
Federal, State, and local government agencies
and departments and nongovernmental organizations so concerned, as well as those entities
concerned with emergency medical services
generally.
(Pub. L. 93–498, § 21, Oct. 29, 1974, 88 Stat.
Pub. L. 96–121, § 2, Nov. 16, 1979, 93 Stat. 863;
L. 106–503, title I, § 110(a)(2)(B)(ix), Nov. 13,
114 Stat. 2302; Pub. L. 110–376, § 9(a), Oct. 8,
122 Stat. 4061.)

1548;
Pub.
2000,
2008,

REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–498, Oct. 29, 1974, 88
Stat. 1535, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 2201 of this
title and Tables.
CODIFICATION
In subsec. (b)(1), ‘‘section 6101 of title 41’’ substituted
for ‘‘section 3709 of the Revised Statutes, as amended
(41 U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan.
4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public
Contracts.
In subsec. (b)(2), ‘‘section 1342 of title 31’’ substituted
for ‘‘section 3679 of the Revised Statutes (31 U.S.C.
665(b))’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
AMENDMENTS
2008—Subsec. (e). Pub. L. 110–376 amended subsec. (e)
generally. Prior to amendment, text read as follows:
‘‘To the extent practicable, the Administrator shall
utilize existing programs, data, information, and facilities already available in other Federal Government departments and agencies and, where appropriate, existing research organizations, centers, and universities.

§ 2219

TITLE 15—COMMERCE AND TRADE

The Administrator shall provide liaison at an appropriate organizational level to assure coordination of his
activities with State and local government agencies,
departments, bureaus, or offices concerned with any
matter related to programs of fire prevention and control and with private and other Federal organizations
and offices so concerned.’’
2000—Subsec. (c). Pub. L. 106–503 substituted ‘‘Director’’ for ‘‘Secretary’’.
1979—Subsec. (b)(4). Pub. L. 96–121 substituted ‘‘the
daily equivalent of the maximum annual rate of basic
pay then in effect for grade GS–15 of the General Schedule (5 U.S.C. 5332(a))’’ for ‘‘$100 a day’’.
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
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.
ENHANCEMENT OF SCIENCE AND MATHEMATICS
PROGRAMS
Pub. L. 105–108, § 7, Nov. 20, 1997, 111 Stat. 2265, provided that:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’
means the Administrator of the United States Fire
Administration.
‘‘(2) EDUCATIONALLY USEFUL FEDERAL EQUIPMENT.—
The term ‘educationally useful Federal equipment’
means computers and related peripheral tools and research equipment that is appropriate for use in
schools.
‘‘(3) SCHOOL.—The term ‘school’ means a public or
private educational institution that serves any of the
grades of kindergarten through grade 12.
‘‘(b) SENSE OF CONGRESS.—
‘‘(1) IN GENERAL.—It is the sense of Congress that
the Administrator should, to the greatest extent
practicable and in a manner consistent with applicable Federal law (including Executive Order No. 12999
[40 U.S.C. 549 note]), donate educationally useful Federal equipment to schools in order to enhance the
science and mathematics programs of those schools.
‘‘(2) REPORTS.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of this Act [Nov. 20, 1997], and
annually thereafter, the Administrator shall prepare and submit to the President a report that
meets the requirements of this paragraph. The
President shall submit that report to Congress at
the same time as the President submits a budget
request to Congress under section 1105(a) of title 31,
United States Code.
‘‘(B) CONTENTS OF REPORT.—The report prepared
by the Administrator under this paragraph shall describe any donations of educationally useful Federal equipment to schools made during the period
covered by the report.’’

Page 1568

§ 2219. Assistance to Consumer Product Safety
Commission
Upon request, the Administrator shall assist
the Consumer Product Safety Commission in
the development of fire safety standards or
codes for consumer products, as defined in the
Consumer Product Safety Act (15 U.S.C. 2051 et
seq.).
(Pub. L. 93–498, § 22, Oct. 29, 1974, 88 Stat. 1549.)
REFERENCES IN TEXT
The Consumer Product Safety Act, referred to in
text, is Pub. L. 92–573, Oct. 27, 1972, 86 Stat. 1207, as
amended, which is classified generally to chapter 47
(§ 2051 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 2051 of this title and Tables.
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
sections 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.
Functions of National Fire Prevention and Control
Administration [now United States Fire Administration] and National Academy for Fire Prevention and
Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.

§ 2220. Arson prevention, detection, and control
The Administrator shall—
(1) develop arson detection techniques to assist Federal agencies and States and local jurisdictions in improving arson prevention, detection, and control;
(2) provide training and instructional materials in the skills and knowledge necessary to
assist Federal, State, and local fire service and
law enforcement personnel in arson prevention, detection, and control, with particular
emphasis on the needs of volunteer firefighters
for improved and more widely available arson
training courses;
(3) formulate methods for collection of arson
data which would be compatible with methods
of collection used for the uniform crime statistics of the Federal Bureau of Investigation;
(4) develop and implement programs for improved collection of nationwide arson statistics within the National Fire Incident Reporting System at the National Fire Data Center;
(5) develop programs for public education on
the extent, causes, and prevention of arson;
and
(6) develop handbooks to assist Federal,
State, and local fire service and law enforcement personnel in arson prevention and detection.

Page 1569

TITLE 15—COMMERCE AND TRADE

(Pub. L. 93–498, § 24, as added Pub. L. 95–422,
§ 3(a), Oct. 5, 1978, 92 Stat. 932; amended Pub. L.
103–254, § 4, May 19, 1994, 108 Stat. 682; Pub. L.
106–503, title I, § 110(a)(1)(C), (D), Nov. 13, 2000, 114
Stat. 2302.)
AMENDMENTS
2000—Pub. L. 106–503 struck out subsec. (a) designation and struck out subsec. (b) which required the Administrator to submit a report to Congress by Mar. 15,
1979, on ways to assist the States and local jurisdictions with arson control.
1994—Subsec. (a)(2). Pub. L. 103–254 inserted before
semicolon at end ‘‘, with particular emphasis on the
needs of volunteer firefighters for improved and more
widely available arson training courses’’.
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
sections 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.
Functions of Administrator of United States Fire Administration under this section and section 2221 of this
title to remain vested in Administrator and not to be
transferred to Director of Federal Emergency Management Agency, pursuant to Reorg. Plan No. 3 of 1978,
§§ 201, 301, June 19, 1978, 43 F.R. 41944, 92 Stat. 3788, set
out as a note under section 2201 of this title, effective
Apr. 1, 1979, pursuant to Ex. Ord. No. 12127, § 1–103(a),
Mar. 31, 1979, 44 F.R. 19367.

§ 2221. Arson prevention grants
(a) Definitions
As used in this section:
(1) Arson
The term ‘‘arson’’ includes all incendiary
and suspicious fires.
(2) Office
The term ‘‘Office’’ means the Office of Fire
Prevention and Arson Control of the United
States Fire Administration.
(b) Grants
The Administrator, acting through the Office,
shall carry out a demonstration program under
which not more than 10 grant awards shall be
made to States, or consortia of States, for programs relating to arson research, prevention,
and control.
(c) Goals
In carrying out this section, the Administrator shall award 2-year grants on a competitive, merit basis to States, or consortia of
States, for projects that promote one or more of
the following goals:
(1) To improve the training by States leading to professional certification of arson investigators, in accordance with nationally recognized certification standards.

§ 2221

(2) To provide resources for the formation of
arson task forces or interagency organizational arrangements involving police and fire
departments and other relevant local agencies,
such as a State arson bureau and the office of
a fire marshal of a State.
(3) To combat fraud as a cause of arson and
to advance research at the State and local levels on the significance and prevention of fraud
as a motive for setting fires.
(4) To provide for the management of arson
squads, including—
(A) training courses for fire departments
in arson case management, including standardization of investigative techniques and
reporting methodology;
(B) the preparation of arson unit management guides; and
(C) the development and dissemination of
new public education materials relating to
the arson problem.
(5) To combat civil unrest as a cause of arson
and to advance research at the State and local
levels on the prevention and control of arson
linked to urban disorders.
(6) To combat juvenile arson, such as juvenile fire-setter counseling programs and similar intervention programs, and to advance research at the State and local levels on the prevention of juvenile arson.
(7) To combat drug-related arson and to advance research at the State and local levels on
the causes and prevention of drug-related
arson.
(8) To combat domestic violence as a cause
of arson and to advance research at the State
and local levels on the prevention of arson
arising from domestic violence.
(9) To combat arson in rural areas and to improve the capability of firefighters to identify
and prevent arson initiated fires in rural areas
and public forests.
(10) To improve the capability of firefighters
to identify and combat arson through expanded training programs, including—
(A) training courses at the State fire academies; and
(B) innovative courses developed with the
Academy and made available to volunteer
firefighters through regional delivery methods, including teleconferencing and satellite
delivered television programs.
(d) Structuring of applications
The Administrator shall assist grant applicants in structuring their applications so as to
ensure that at least one grant is awarded for
each goal described in subsection (c) of this section.
(e) State qualification criteria
In order to qualify for a grant under this section, a State, or consortium of States, shall provide assurances adequate to the Administrator
that the State or consortium—
(1) will obtain at least 25 percent of the cost
of programs funded by the grant, in cash or in
kind, from non-Federal sources;
(2) will not as a result of receiving the grant
decrease the prior level of spending of funds of
the State or consortium from non-Federal

§§ 2222, 2223

TITLE 15—COMMERCE AND TRADE

sources for arson research, prevention, and
control programs;
(3) will use no more than 10 percent of funds
provided under the grant for administrative
costs of the programs; and
(4) is making efforts to ensure that all local
jurisdictions will provide arson data to the
National Fire Incident Reporting System or
the Uniform Crime Reporting program.
(f) Extension
A grant awarded under this section may be extended for one or more additional periods, at the
discretion of the Administrator, subject to the
availability of appropriations.
(g) Technical assistance
The Administrator shall provide technical assistance to States in carrying out programs
funded by grants under this section.
(h) Consultation and cooperation
In carrying out this section, the Administrator shall consult and cooperate with other
Federal agencies to enhance program effectiveness and avoid duplication of effort, including
the conduct of regular meetings initiated by the
Administrator with representatives of other
Federal agencies concerned with arson and concerned with efforts to develop a more comprehensive profile of the magnitude of the national
arson problem.
(i) Assessment
Not later than 18 months after May 19, 1994,
the Administrator shall submit a report to Congress that—
(1) identifies grants made under this section;
(2) specifies the identity of grantees;
(3) states the goals of each grant; and
(4) contains a preliminary assessment of the
effectiveness of the grant program under this
section.
(j) Regulations
Not later than 90 days after May 19, 1994, the
Administrator shall issue regulations to implement this section, including procedures for
grant applications.
(k) Administration
The Administrator shall directly administer
the grant program required by this section, and
shall not enter into any contract under which
the grant program or any portion of the program will be administered by another party.
(l) Purchase of American made equipment and
products
(1) Sense of Congress
It is the sense of Congress that any recipient
of a grant under this section should purchase,
when available and cost-effective, American
made equipment and products when expending
grant monies.
(2) Notice to recipients of assistance
In allocating grants under this section, the
Administrator shall provide to each recipient
a notice describing the statement made in
paragraph (1) by the Congress.
(Pub. L. 93–498, § 25, as added Pub. L. 103–254, § 3,
May 19, 1994, 108 Stat. 679.)

Page 1570

PRIOR PROVISIONS
A prior section 2221, Pub. L. 93–498, § 25, as added Pub.
L. 95–422, § 4, Oct. 5, 1978, 92 Stat. 933, authorized sale by
United States Fire Administrator of former Marjorie
Webster Junior College facility, located in Washington,
D.C., which had previously been purchased as site for
National Academy for Fire Prevention and Control,
prior to repeal by Pub. L. 97–80, title II, § 202(b), Nov. 20,
1981, 95 Stat. 1083.

§§ 2222, 2223. Repealed. Pub. L. 106–503, title I,
§ 110(a)(1)(B), Nov. 13, 2000, 114 Stat. 2302
Section 2222, Pub. L. 93–498, § 26, as added Pub. L.
96–121, § 4, Nov. 16, 1979, 93 Stat. 864, related to an effectiveness study concerning smoke detectors, heat detectors, and sprinkler suppression systems.
Section 2223, Pub. L. 93–498, § 27, as added Pub. L.
96–121, § 5, Nov. 16, 1979, 93 Stat. 865, related to a firefighter safety study.

§ 2223a. Review
The Administrator of the United States Fire
Administration (hereafter in sections 2223a to
2223e of this title referred to as the ‘‘Administrator’’) shall conduct a review of existing response information used by emergency response
personnel at the State and local levels to evaluate its accuracy and consistency, and to determine whether it is properly expressed. Such information should clearly communicate to emergency response personnel the probable hazards
which they must contend with in an emergency
situation involving hazardous materials, and the
appropriate response to those hazards.
(Pub. L. 101–446, § 2, Oct. 22, 1990, 104 Stat. 1045.)
CODIFICATION
Section was enacted as part of the Firefighters’ Safety Study Act, and not as part of the Federal Fire Prevention and Control Act of 1974 which comprises this
chapter.
SHORT TITLE
Section 1 of Pub. L. 101–446 provided that: ‘‘This Act
[enacting this section and sections 2223b to 2223e of this
title] may be cited as the ‘Firefighters’ Safety Study
Act’.’’

§ 2223b. Working group
For the purpose of carrying out section 2223a
of this title, the Administrator shall establish a
working group which shall, at a minimum, consist of—
(1) program officials from each of—
(A) the Environmental Protection Agency;
(B) the National Oceanic and Atmospheric
Administration;
(C) the Department of Transportation;
(D) the Occupational Safety and Health
Administration; and
(E) the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice,
who develop and disseminate hazardous materials identification and response data, and who
collect, collate, analyze, and disseminate hazardous materials incident data;
(2) State and local operational officials with
emergency response or relevant regulatory responsibilities; and
(3) representatives of companies engaged in
the manufacture and processing of chemicals.

Page 1571

§ 2224

TITLE 15—COMMERCE AND TRADE

(Pub. L. 101–446, § 3, Oct. 22, 1990, 104 Stat. 1045;
Pub. L. 107–296, title XI, § 1112(d), Nov. 25, 2002,
116 Stat. 2276.)
CODIFICATION
Section was enacted as part of the Firefighters’ Safety Study Act, and not as part of the Federal Fire Prevention and Control Act of 1974 which comprises this
chapter.
AMENDMENTS
2002—Par. (1)(E). Pub. L. 107–296 substituted ‘‘the Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice,’’ for ‘‘the Bureau of Alcohol,
Tobacco, and Firearms,’’.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.

§ 2223c. Report and recommendations
The working group established under section
2223b of this title shall, within 1 year after October 22, 1990, submit a report to the Administrator and to the Committee on Science, Space,
and Technology of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate presenting the results of the review carried out under sections
2223a to 2223e of this title, along with recommendations to ensure that response information
disseminated to emergency response personnel
is appropriate for operational personnel at the
local level.
(Pub. L. 101–446, § 4, Oct. 22, 1990, 104 Stat. 1045.)
CODIFICATION
Section was enacted as part of the Firefighters’ Safety Study Act, and not as part of the Federal Fire Prevention and Control Act of 1974 which comprises this
chapter.
CHANGE OF NAME
Committee on Science, Space, and Technology of
House of Representatives treated as referring to Committee on Science of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding
section 21 of Title 2, The Congress. Committee on
Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred
Tenth Congress, Jan. 5, 2007.

§ 2223d. Annual revision of recommendations
After the submission of the report cited in section 2223c of this title, the working group established under section 2223b of this title shall meet
as needed, but at least once every 12 months, to
review and recommend changes and additions to
the report cited in section 2223c of this title,
that are necessary and appropriate for operational personnel at the local level.
(Pub. L. 101–446, § 5, Oct. 22, 1990, 104 Stat. 1046.)
CODIFICATION
Section was enacted as part of the Firefighters’ Safety Study Act, and not as part of the Federal Fire Prevention and Control Act of 1974 which comprises this
chapter.

§ 2223e. ‘‘Emergency response personnel’’ defined
As used in sections 2223a to 2223e of this title,
the term ‘‘emergency response personnel’’

means personnel responsible for mitigation activities in a medical emergency, fire emergency,
hazardous material emergency, or natural disaster.
(Pub. L. 101–446, § 6, Oct. 22, 1990, 104 Stat. 1046.)
CODIFICATION
Section was enacted as part of the Firefighters’ Safety Study Act, and not as part of the Federal Fire Prevention and Control Act of 1974 which comprises this
chapter.

§ 2224. Listings of places of public accommodation
(a) Submissions by States
(1) Not later than 2 years after September 25,
1990, each State (acting through its Governor or
the Governor’s designee) shall, under procedures
formulated by the Director, submit to the Director a list of those places of public accommodation affecting commerce located in the State
which meet the requirements of the guidelines
described in section 2225 of this title.
(2) The Director shall formulate procedures
under which each State (acting through its Governor or the Governor’s designee) shall periodically update the list submitted pursuant to
paragraph (1).
(b) Compilation and distribution of master list
(1) Not later than 60 days after the expiration
of the 2-year period referred to in subsection (a)
of this section, the Director shall compile and
publish in the Federal Register a national master list of all of the places of public accommodation affecting commerce located in each State
that meet the requirements of the guidelines described in section 2225 of this title, and shall distribute such list to each agency of the Federal
Government and take steps to make the employees of such agencies aware of its existence and
contents.
(2) The Director shall periodically update the
national master list compiled pursuant to paragraph (1) to reflect changes in the State lists
submitted to the Director pursuant to subsection (a) of this section, and shall periodically
redistribute the updated master list to each
agency of the Federal Government.
(3) For purposes of this subsection, the term
‘‘agency’’ has the meaning given to it under section 5701(1) of title 5.
(Pub. L. 93–498, § 28, as added Pub. L. 101–391,
§ 3(a), Sept. 25, 1990, 104 Stat. 747; amended Pub.
L. 102–522, title I, § 104, Oct. 26, 1992, 106 Stat.
3411.)
AMENDMENTS
1992—Pub. L. 102–522, § 104(1), struck out ‘‘certified’’
before ‘‘places’’ in section catchline.
Subsec. (a). Pub. L. 102–522, § 104(2), inserted ‘‘(acting
through its Governor or the Governor’s designee)’’ after
‘‘each State’’ in pars. (1) and (2) and struck out ‘‘the
Governor of the State or his designee certifies’’ after
‘‘in the State which’’ in par. (1).
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 Emer-

§ 2225

TITLE 15—COMMERCE AND TRADE

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 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
sections 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.

§ 2225. Fire prevention and control guidelines for
places of public accommodation
(a) Contents of guidelines
The guidelines referred to in sections 2224 and
2226 of this title consist of—
(1) a requirement that hard-wired, singlestation smoke detectors be installed in accordance with National Fire Protection Association Standard 74 or any successor standard to
that standard in each guest room in each place
of public accommodation affecting commerce;
and
(2) a requirement that an automatic sprinkler system be installed in accordance with
National Fire Protection Association Standard 13 or 13–R, or any successor standard to
that standard, whichever is appropriate, in
each place of public accommodation affecting
commerce except those places that are 3 stories or lower.
(b) Exceptions
(1) The requirement described in subsection
(a)(2) of this section shall not apply to a place of
public accommodation affecting commerce with
an automatic sprinkler system installed before
October 25, 1992, if the automatic sprinkler system is installed in compliance with an applicable standard (adopted by the governmental authority having jurisdiction, and in effect, at the
time of installation) that required the placement of a sprinkler head in the sleeping area of
each guest room.
(2) The requirement described in subsection
(a)(2) of this section shall not apply to a place of
public accommodation affecting commerce to
the extent that such place of public accommodation affecting commerce is subject to a standard
that includes a requirement or prohibition that
prevents compliance with a provision of National Fire Protection Association Standard 13
or 13–R, or any successor standard to that standard. In such a case, the place of public accommodation affecting commerce is exempt only from
that specific provision.
(c) Effect on State and local law
The provisions of this section shall not be construed to limit the power of any State or political subdivision thereof to implement or enforce
any law, rule, regulation, or standard concerning fire prevention and control.
(d) Definitions
For purposes of this section, the following
definitions shall apply:
(1) The term ‘‘smoke detector’’ means an
alarm that is designed to respond to the presence of visible or invisible particles of combustion.

Page 1572

(2) The term ‘‘automatic sprinkler system’’
means an electronically supervised, integrated
system of piping to which sprinklers are attached in a systematic pattern, and which,
when activated by heat from a fire, will protect human lives by discharging water over
the fire area, and by providing appropriate
warning signals (to the extent such signals are
required by Federal, State, or local laws or
regulations) through the building’s fire alarm
system.
(3) The term ‘‘governmental authority having jurisdiction’’ means the Federal, State,
local, or other governmental entity with statutory or regulatory authority for the approval
of fire safety systems, equipment, installations, or procedures within a specified locality.
(Pub. L. 93–498, § 29, as added Pub. L. 101–391,
§ 3(a), Sept. 25, 1990, 104 Stat. 748; amended Pub.
L. 102–522, title I, § 105, Oct. 26, 1992, 106 Stat.
3411; Pub. L. 105–108, § 3(1)–(3), Nov. 20, 1997, 111
Stat. 2264.)
AMENDMENTS
1997—Subsec. (a)(1). Pub. L. 105–108, § 3(1), inserted ‘‘or
any successor standard to that standard’’ after ‘‘Association Standard 74’’.
Subsec. (a)(2). Pub. L. 105–108, § 3(2), inserted ‘‘, or any
successor
standard
to
that
standard’’
before
‘‘, whichever is appropriate,’’.
Subsec. (b)(2). Pub. L. 105–108, § 3(3), inserted ‘‘, or any
successor standard to that standard’’ after ‘‘Association Standard 13 or 13–R’’.
1992—Subsecs. (b) to (d). Pub. L. 102–522, § 105(a), added
subsec. (b) and redesignated former subsecs. (b) and (c)
as (c) and (d), respectively.
Subsec. (d)(3). Pub. L. 102–522, § 105(b), added par. (3).

§ 2225a. Prohibiting Federal funding of conferences held at non-certified places of public accommodation
(a) In general
No Federal funds may be used to sponsor or
fund in whole or in part a meeting, convention,
conference, or training seminar that is conducted in, or that otherwise uses the rooms, facilities, or services of, a place of public accommodation that does not meet the requirements
of the fire prevention and control guidelines described in section 2225 of this title.
(b) Waiver
(1) In general
The head of an agency of the Federal Government sponsoring or funding a particular
meeting, convention, conference, or training
seminar may waive the prohibition described
in subsection (a) of this section if the head of
such agency determines that a waiver of such
prohibition is necessary in the public interest
in the case of such particular event.
(2) Delegation of authority
The head of an agency of the Federal Government may delegate the authority provided
under paragraph (1) to waive the prohibition
described in subsection (a) of this section and
to determine whether such a waiver is necessary in the public interest to an officer or
employee of the agency if such officer or employee is given such authority with respect to

Page 1573

TITLE 15—COMMERCE AND TRADE

all meetings, conventions, conferences, and
training seminars sponsored or funded by the
agency.
(c) Notice requirements
(1) Advertisements and applications
(A) Any advertisement for or application for
attendance at a meeting, convention, conference, or training seminar sponsored or
funded in whole or in part by the Federal Government shall include a notice regarding the
prohibition described in subsection (a) of this
section.
(B) The requirement described in subparagraph (A) shall not apply in the case of an
event for which a head of an agency of the
Federal Government, pursuant to subsection
(b) of this section, waives the prohibition described in subsection (a) of this section.
(2) Providing notice to recipients of funds
(A) Each Executive department, Government
corporation, and independent establishment
providing Federal funds to non-Federal entities shall notify recipients of such funds of the
prohibition described in subsection (a) of this
section.
(B) In subparagraph (A), the terms ‘‘Executive department’’, ‘‘Government corporation’’,
and ‘‘independent establishment’’ have the
meanings given such terms in chapter 1 of
title 5.
(d) Effective date
The provisions of this section shall take effect
on the first day of the first fiscal year that begins after the expiration of the 425-day period
that begins on the date of the publication in the
Federal Register of the master list referred to in
section 2224(b) of this title.
(Pub. L. 101–391, § 6, Sept. 25, 1990, 104 Stat. 751.)
CODIFICATION
Section was enacted as part of the Hotel and Motel
Fire Safety Act of 1990, and not as part of the Federal
Fire Prevention and Control Act of 1974 which comprises this chapter.

§ 2226. Dissemination of fire prevention and control information
The Director, acting through the Administrator, is authorized to take steps to encourage
the States to promote the use of automatic
sprinkler systems and automatic smoke detection systems, and to disseminate to the maximum extent possible information on the life
safety value and use of such systems. Such steps
may include, but need not be limited to, providing copies of the guidelines described in section
2225 of this title and of the master list compiled
under section 2224(b) of this title to Federal
agencies, State and local governments, and fire
services throughout the United States, and
making copies of the master list compiled under
section 2224(b) of this title available upon request to interested private organizations and individuals.
(Pub. L. 93–498, § 30, as added Pub. L. 101–391,
§ 3(a), Sept. 25, 1990, 104 Stat. 748.)
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of

§ 2227

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
sections 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.

§ 2227. Fire safety systems in federally assisted
buildings
(a) Definitions
For purposes of this section, the following
definitions apply:
(1) The term ‘‘affordable cost’’ means the
cost to a Federal agency of leasing office space
in a building that is protected by an automatic sprinkler system or equivalent level of
safety, which cost is no more than 10 percent
greater than the cost of leasing available comparable office space in a building that is not so
protected.
(2) The term ‘‘automatic sprinkler system’’
means an electronically supervised, integrated
system of piping to which sprinklers are attached in a systematic pattern, and which,
when activated by heat from a fire—
(A) will protect human lives by discharging water over the fire area, in accordance
with the National Fire Protection Association Standard 13, 13D, or 13R, whichever is
appropriate for the type of building and occupancy being protected, or any successor
standard thereto; and
(B) includes an alarm signaling system
with appropriate warning signals (to the extent such alarm systems and warning signals
are required by Federal, State, or local laws
or regulations) installed in accordance with
the National Fire Protection Association
Standard 72, or any successor standard
thereto.
(3) The term ‘‘equivalent level of safety’’
means an alternative design or system (which
may include automatic sprinkler systems),
based upon fire protection engineering analysis, which achieves a level of safety equal to or
greater than that provided by automatic
sprinkler systems.
(4) The term ‘‘Federal employee office building’’ means any office building in the United
States, whether owned or leased by the Federal Government, that is regularly occupied
by more than 25 full-time Federal employees
in the course of their employment.
(5) The term ‘‘housing assistance’’—
(A) means assistance provided by the Federal Government to be used in connection
with the provision of housing,1 that is provided in the form of a grant, contract, loan,
loan guarantee, cooperative agreement, in1 So

in original. The comma probably should not appear.

§ 2227

TITLE 15—COMMERCE AND TRADE

terest subsidy, insurance, or direct appropriation; and
(B) does not include assistance provided by
the Secretary of Veterans Affairs; the Federal Emergency Management Agency; the
Secretary of Housing and Urban Development under the single family mortgage insurance programs under the National Housing Act [12 U.S.C. 1701 et seq.] or the homeownership assistance program under section
235 of such Act [12 U.S.C. 1715z]; the National
Homeownership Trust; the Federal Deposit
Insurance Corporation under the affordable
housing program under section 1831q of title
12; or the Resolution Trust Corporation
under the affordable housing program under
section 1441a(c) of title 12.
(6) The term ‘‘hazardous areas’’ means those
areas in a building referred to as hazardous
areas in National Fire Protection Association
Standard 101, known as the Life Safety Code,
or any successor standard thereto.
(7) The term ‘‘multifamily property’’
means—
(A) in the case of housing for Federal employees or their dependents, a residential
building consisting of more than 2 residential units that are under one roof; and
(B) in any other case, a residential building consisting of more than 4 residential
units that are under one roof.
(8) The term ‘‘prefire plan’’ means specific
plans for fire fighting activities at a property
or location.
(9) The term ‘‘rebuilding’’ means the repairing or reconstructing of portions of a multifamily property where the cost of the alterations is 70 percent or more of the replacement cost of the completed multifamily property, not including the value of the land on
which the multifamily property is located.
(10) The term ‘‘renovated’’ means the repairing or reconstructing of 50 percent or more of
the current value of a Federal employee office
building, not including the value of the land
on which the Federal employee office building
is located.
(11) The term ‘‘smoke detectors’’ means single or multiple station, self-contained alarm
devices designed to respond to the presence of
visible or invisible particles of combustion, installed in accordance with the National Fire
Protection Association Standard 74 or any
successor standard thereto.
(12) The term ‘‘United States’’ means the
States collectively.
(b) Federal employee office buildings
(1)(A) No Federal funds may be used for the
construction or purchase of a Federal employee
office building of 6 or more stories unless during
the period of occupancy by Federal employees
the building is protected by an automatic sprinkler system or equivalent level of safety. No
Federal funds may be used for the construction
or purchase of any other Federal employee office
building unless during the period of occupancy
by Federal employees the hazardous areas of the
building are protected by automatic sprinkler
systems or an equivalent level of safety.

Page 1574

(B)(i) Except as provided in clause (ii), no Federal funds may be used for the lease of a Federal
employee office building of 6 or more stories,
where at least some portion of the federally
leased space is on the sixth floor or above and at
least 35,000 square feet of space is federally occupied, unless during the period of occupancy by
Federal employees the entire Federal employee
office building is protected by an automatic
sprinkler system or equivalent level of safety.
No Federal funds may be used for the lease of
any other Federal employee office building unless during the period of occupancy by Federal
employees the hazardous areas of the entire
Federal employee office building are protected
by automatic sprinkler systems or an equivalent
level of safety.
(ii) The first sentence of clause (i) shall not
apply to the lease of a building the construction
of which is completed before October 26, 1992, if
the leasing agency certifies that no suitable
building with automatic sprinkler systems or an
equivalent level of safety is available at an affordable cost.
(2) Paragraph (1) shall not apply to—
(A) a Federal employee office building that
was owned by the Federal Government before
October 26, 1992;
(B) space leased in a Federal employee office
building if the space was leased by the Federal
Government before October 26, 1992;
(C) space leased on a temporary basis for not
longer than 6 months;
(D) a Federal employee office building that
becomes a Federal employee office building
pursuant to a commitment to move Federal
employees into the building that is made prior
to October 26, 1992; or
(E) a Federal employee office building that
is owned or managed by the Resolution Trust
Corporation.
Nothing in this subsection shall require the installation of an automatic sprinkler system or
equivalent level of safety by reason of the leasing, after October 26, 1992, of space below the
sixth floor in a Federal employee office building.
(3) No Federal funds may be used for the renovation of a Federal employee office building of
6 or more stories that is owned by the Federal
Government unless after that renovation the
Federal employee office building is protected by
an automatic sprinkler system or equivalent
level of safety. No Federal funds may be used for
the renovation of any other Federal employee
office building that is owned by the Federal
Government unless after that renovation the
hazardous areas of the Federal employee office
building are protected by automatic sprinkler
systems or an equivalent level of safety.
(4) No Federal funds may be used for entering
into or renewing a lease of a Federal employee
office building of 6 or more stories that is renovated after October 26, 1992, where at least
some portion of the federally leased space is on
the sixth floor or above and at least 35,000
square feet of space is federally occupied, unless
after that renovation the Federal employee office building is protected by an automatic sprinkler system or equivalent level of safety. No
Federal funds may be used for entering into or
renewing a lease of any other Federal employee

Page 1575

TITLE 15—COMMERCE AND TRADE

office building that is renovated after October
26, 1992, unless after that renovation the hazardous areas of the Federal employee office building are protected by automatic sprinkler systems or an equivalent level of safety.
(c) Housing
(1)(A) Except as otherwise provided in this
paragraph, no Federal funds may be used for the
construction, purchase, lease, or operation by
the Federal Government of housing in the
United States for Federal employees or their dependents unless—
(i) in the case of a multifamily property acquired or rebuilt by the Federal Government
after October 26, 1992, the housing is protected,
before occupancy by Federal employees or
their dependents, by an automatic sprinkler
system (or equivalent level of safety) and
hard-wired smoke detectors; and
(ii) in the case of any other housing, the
housing, before—
(I) occupancy by the first Federal employees (or their dependents) who do not occupy
such housing as of October 26, 1992; or
(II) the expiration of 3 years after October
26, 1992,
whichever occurs first, is protected by hardwired smoke detectors.
(B) Nothing in this paragraph shall be construed to supersede any guidelines or requirements applicable to housing for Federal employees that call for a higher level of fire safety protection than is required under this paragraph.
(C) Housing covered by this paragraph that
does not have an adequate and reliable electrical
system shall not be subject to the requirement
under subparagraph (A) for protection by hardwired smoke detectors, but shall be protected by
battery operated smoke detectors.
(D) If funding has been programmed or designated for the demolition of housing covered by
this paragraph, such housing shall not be subject to the fire protection requirements of subparagraph (A), but shall be protected by battery
operated smoke detectors.
(2)(A)(i) Housing assistance may not be used in
connection with any newly constructed multifamily property, unless after the new construction the multifamily property is protected by an
automatic sprinkler system and hard-wired
smoke detectors.
(ii) For purposes of clause (i), the term ‘‘newly
constructed multifamily property’’ means a
multifamily property of 4 or more stories above
ground level—
(I) that is newly constructed after October
26, 1992; and
(II) for which (a) housing assistance is used
for such new construction, or (b) a binding
commitment is made, before commencement
of such construction, to provide housing assistance for the newly constructed property.
(iii) Clause (i) shall not apply to any multifamily property for which, before October 26,
1992, a binding commitment is made to provide
housing assistance for the new construction of
the property or for the newly constructed property.
(B)(i) Except as provided in clause (ii), housing
assistance may not be used in connection with

§ 2227

any rebuilt multifamily property, unless after
the rebuilding the multifamily property complies with the chapter on existing apartment
buildings of National Fire Protection Association Standard 101 (known as the Life Safety
Code) or any successor standard to that standard, as in effect at the earlier of (I) the time of
any approval by the Department of Housing and
Urban Development of the specific plan or budget for rebuilding, or (II) the time that a binding
commitment is made to provide housing assistance for the rebuilt property.
(ii) If any rebuilt multifamily property is subject to, and in compliance with, any provision of
a State or local fire safety standard or code that
prevents compliance with a specific provision of
National Fire Protection Association Standard
101 or any successor standard to that standard,
the requirement under clause (i) shall not apply
with respect to such specific provision.
(iii) For purposes of this subparagraph, the
term ‘‘rebuilt multifamily property’’ means a
multifamily property of 4 or more stories above
ground level—
(I) that is rebuilt after the last day of the
second fiscal year that ends after October 26,
1992; and
(II) for which (a) housing assistance is used
for such rebuilding, or (b) a binding commitment is made, before commencement of such
rebuilding, to provide housing assistance for
the rebuilt property.
(C) After the expiration of the 180-day period
beginning on October 26, 1992, housing assistance
may not be used in connection with any other
dwelling unit, unless the unit is protected by a
hard-wired or battery-operated smoke detector.
For purposes of this subparagraph, housing assistance shall be considered to be used in connection with a particular dwelling unit only if
such assistance is provided (i) for the particular
unit, in the case of assistance provided on a
unit-by-unit basis, or (ii) for the multifamily
property in which the unit is located, in the case
of assistance provided on a structure-by-structure basis.
(d) Regulations
The Administrator of General Services, in cooperation with the United States Fire Administration, the National Institute of Standards and
Technology, and the Department of Defense,
within 2 years after October 26, 1992, shall promulgate regulations to further define the term
‘‘equivalent level of safety’’, and shall, to the
extent practicable, base those regulations on nationally recognized codes.
(e) State and local authority not limited
Nothing in this section shall be construed to
limit the power of any State or political subdivision thereof to implement or enforce any law,
rule, regulation, or standard that establishes requirements concerning fire prevention and control. Nothing in this section shall be construed
to reduce fire resistance requirements which
otherwise would have been required.
(f) Prefire plan
The head of any Federal agency that owns,
leases, or operates a building or housing unit
with Federal funds shall invite the local agency

§ 2228

TITLE 15—COMMERCE AND TRADE

or voluntary organization having responsibility
for fire protection in the jurisdiction where the
building or housing unit is located to prepare,
and biennially review, a prefire plan for the
building or housing unit.
(g) Reports to Congress
(1) Within 3 years after October 26, 1992, and
every 3 years thereafter, the Administrator of
General Services shall transmit to Congress a
report on the level of fire safety in Federal employee office buildings subject to fire safety requirements under this section. Such report shall
contain a description of such buildings for each
Federal agency.
(2) Within 10 years after October 26, 1992, each
Federal agency providing housing to Federal
employees or housing assistance shall submit a
report to Congress on the progress of that agency in implementing subsection (c) of this section
and on plans for continuing such implementation.
(3)(A) The National Institute of Standards and
Technology shall conduct a study and submit a
report to Congress on the use, in combination, of
fire detection systems, fire suppression systems,
and compartmentation. Such study shall—
(i) quantify performance and reliability for
fire detection systems, fire suppression systems, and compartmentation, including a field
assessment of performance and determination
of conditions under which a reduction or
elimination of 1 or more of those systems
would result in an unacceptable risk of fire
loss; and
(ii) include a comparative analysis and
compartmentation using fire resistive materials and compartmentation using noncombustible materials.
(B) The National Institute of Standards and
Technology shall obtain funding from non-Federal sources in an amount equal to 25 percent of
the cost of the study required by subparagraph
(A). Funding for the National Institute of Standards and Technology for carrying out such study
shall be derived from amounts otherwise authorized to be appropriated, for the Building and
Fire Research Center at the National Institute
of Standards and Technology, not to exceed
$750,000. The study shall commence until receipt
of all matching funds from non-Federal sources.
The scope and extent of the study shall be determined by the level of project funding. The Institute shall submit a report to Congress on the
study within 30 months after October 26, 1992.
(h) Relation to other requirements
In the implementation of this section, the
process for meeting space needs in urban areas
shall continue to give first consideration to a
centralized community business area and adjacent areas of similar character to the extent of
any Federal requirement therefor.
(Pub. L. 93–498, § 31, as added Pub. L. 102–522,
title I, § 106(a), Oct. 26, 1992, 106 Stat. 3412;
amended Pub. L. 103–254, § 6, May 19, 1994, 108
Stat. 682; Pub. L. 104–316, title I, § 107, Oct. 19,
1996, 110 Stat. 3832; Pub. L. 105–108, § 3(4), (5),
Nov. 20, 1997, 111 Stat. 2264.)
REFERENCES IN TEXT
The National Housing Act, referred to in subsec.
(a)(5)(B), is act June 27, 1934, ch. 847, 48 Stat. 1246, as

Page 1576

amended, which is classified principally to chapter 13
(§ 1701 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see References in Text note set out under section 1701 of Title
12 and Tables.
AMENDMENTS
1997—Subsec. (c)(2)(B)(i). Pub. L. 105–108, § 3(4), inserted ‘‘or any successor standard to that standard’’
after ‘‘(known as the Life Safety Code)’’.
Subsec. (c)(2)(B)(ii). Pub. L. 105–108, § 3(5), inserted ‘‘or
any successor standard to that standard’’ after ‘‘Association Standard 101’’.
1996—Subsec. (b)(1)(B)(iii). Pub. L. 104–316 struck out
cl. (iii) which read as follows: ‘‘Within 3 years after October 26, 1992, and periodically thereafter, the Comptroller General shall audit a selection of certifications
made under clause (ii) and report to Congress on the results of such audit.’’
1994—Subsec. (c)(1)(A). Pub. L. 103–254, § 6(1), substituted ‘‘Except as otherwise provided in this paragraph, no Federal’’ for ‘‘No Federal’’.
Subsec. (c)(1)(C), (D). Pub. L. 103–254, § 6(2), added subpars. (C) and (D).
EFFECTIVE DATE
Section 106(b) of Pub. L. 102–522 provided that: ‘‘Subsection (b) of section 31 of the Federal Fire Prevention
and Control Act of 1974 [15 U.S.C. 2227], as added by subsection (a) of this section, shall take effect 2 years after
the date of enactment of this Act [Oct. 26, 1992].’’
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
sections 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.

§ 2228. CPR training
No funds shall be made available to a State or
local government under section 2221 of this title
unless such government has a policy to actively
promote the training of its firefighters in
cardiopulmonary resuscitation.
(Pub. L. 93–498, § 32, as added Pub. L. 103–254, § 5,
May 19, 1994, 108 Stat. 682.)
§ 2229. Firefighter assistance
(a) Definition of firefighting personnel
In this section, the term ‘‘firefighting personnel’’ means individuals, including volunteers,
who are firefighters, officers of fire departments,
or emergency medical service personnel of fire
departments.
(b) Assistance program
(1) Authority
In accordance with this section, the Director
may—
(A) make grants on a competitive basis directly to fire departments of a State, in con-

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sultation with the chief executive of the
State, for the purpose of protecting the
health and safety of the public and firefighting personnel throughout the Nation against
fire and fire-related hazards;
(B) provide assistance for fire prevention
and firefighter safety research and development programs in accordance with paragraph (4); and
(C) provide assistance for nonaffiliated
EMS organizations for the purpose of paragraph (3)(F).
(2) Administrative assistance
The Director shall establish specific criteria
for the selection of recipients of assistance
under this section and shall provide grantwriting assistance to applicants.
(3) Use of fire department grant funds
The Director may make a grant under paragraph (1)(A) only if the applicant for the grant
agrees to use the grant funds for one or more
of the following purposes:
(A) To hire additional firefighting personnel.
(B) To train firefighting personnel in firefighting, emergency response (including response to a terrorism incident or use of a
weapon of mass destruction), arson prevention and detection, maritime firefighting, or
the handling of hazardous materials, or to
train firefighting personnel to provide any of
the training described in this subparagraph.
(C) To fund the creation of rapid intervention teams to protect firefighting personnel
at the scenes of fires and other emergencies.
(D) To certify fire inspectors.
(E) To establish wellness and fitness programs for firefighting personnel to ensure
that the firefighting personnel can carry out
their duties.
(F) To fund emergency medical services
provided by fire departments and nonaffiliated EMS organizations.
(G) To acquire additional firefighting vehicles, including fire trucks.
(H) To acquire additional firefighting
equipment, including equipment for fighting
fires with foam in remote areas without access to water, and equipment for communications, monitoring, and response to a terrorism incident or use of a weapon of mass
destruction.
(I) To acquire personal protective equipment required for firefighting personnel by
the Occupational Safety and Health Administration, and other personal protective
equipment for firefighting personnel, including protective equipment to respond to a
terrorism incident or the use of a weapon of
mass destruction.
(J) To modify fire stations, fire training
facilities, and other facilities to protect the
health and safety of firefighting personnel.
(K) To enforce fire codes.
(L) To fund fire prevention programs.
(M) To educate the public about arson prevention and detection.
(N) To provide incentives for the recruitment and retention of volunteer firefighting
personnel for volunteer firefighting depart-

§ 2229

ments and other firefighting departments
that utilize volunteers.
(4) Fire prevention and firefighter safety research and development programs
(A) In general
For each fiscal year, the Director shall use
not less than 5 percent of the funds made
available under subsection (e) of this section—
(i) to make grants to fire departments
for the purpose described in paragraph
(3)(L); and
(ii) to make grants to, or enter into contracts or cooperative agreements with, national, State, local, or community organizations that are not fire departments and
that are recognized for their experience
and expertise with respect to fire prevention or fire safety programs and activities,
and firefighter research and development
programs, for the purpose of carrying out
fire prevention programs and research to
improve firefighter health and life safety.
(B) Priority
In selecting organizations described in
subparagraph (A)(ii) to receive assistance
under this paragraph, the Director shall give
priority to organizations that focus on prevention of injuries to high risk groups from
fire, as well as research programs that demonstrate the potential to improve firefighter
safety.
(C) Grant limitation
A grant under this paragraph shall not be
greater than $1,000,000 for a fiscal year.
(5) Application
The Director may provide assistance to a
fire department or organization under this
subsection only if the fire department or organization seeking the assistance submits to the
Director an application that meets the following requirements:
(A) Form
The application shall be in such form as
the Director may require.
(B) Information
The application shall include the following
information:
(i) Financial need
Information that demonstrates the financial need of the applicant for the assistance for which applied.
(ii) Cost-benefit analysis
An analysis of the costs and benefits,
with respect to public safety, of the use of
the assistance.
(iii) Reporting systems data
An agreement to provide information to
the national fire incident reporting system
for the period covered by the assistance.
(iv) Other Federal support
A list of other sources of Federal funding
received by the applicant. The Director, in
coordination with the Secretary of Home-

§ 2229

TITLE 15—COMMERCE AND TRADE

land Security, shall use such list to prevent unnecessary duplication of grant
funds.
(v) Other information
Any other information that the Director
may require.
(6) Matching requirement
(A) In general
Subject to subparagraphs (B) and (C), the
Director may provide assistance under this
subsection only if the applicant for such assistance agrees to match 20 percent of such
assistance for any fiscal year with an equal
amount of non-Federal funds.
(B) Requirement for small community organizations
In the case of an applicant whose personnel—
(i) serve jurisdictions of 50,000 or fewer
residents, the percent applied under the
matching requirement of subparagraph (A)
shall be 10 percent; and
(ii) serve jurisdictions of 20,000 or fewer
residents, the percent applied under the
matching requirement of subparagraph (A)
shall be 5 percent.
(C) Fire prevention and firefighter safety
grants
There shall be no matching requirement
for a grant described in paragraph (4)(A)(ii).
(7) Maintenance of expenditures
The Director may provide assistance under
this subsection only if the applicant for the
assistance agrees to maintain in the fiscal
year for which the assistance will be received
the applicant’s aggregate expenditures for the
uses described in paragraph (3) or (4) at or
above the average level of such expenditures
in the two fiscal years preceding the fiscal
year for which the assistance will be received.
(8) Report to the Director
The Director may provide assistance under
this subsection only if the applicant for the
assistance agrees to submit to the Director a
report, including a description of how the assistance was used, with respect to each fiscal
year for which the assistance was received.
(9) Variety of fire department grant recipients
The Director shall ensure that grants under
paragraph (1)(A) for a fiscal year are made to
a variety of fire departments, including, to the
extent that there are eligible applicants—
(A) paid, volunteer, and combination fire
departments;
(B) fire departments located in communities of varying sizes; and
(C) fire departments located in urban, suburban, and rural communities.
(10) Grant limitations
(A) Recipient limitations
A grant recipient under subsection
(b)(1)(A) of this section—
(i) that serves a jurisdiction with 500,000
people or less may not receive grants in
excess of $1,000,000 for any fiscal year;

Page 1578

(ii) that serves a jurisdiction with more
than 500,000 but not more than 1,000,000
people may not receive grants in excess of
$1,750,000 for any fiscal year; and
(iii) that serves a jurisdiction with more
than 1,000,000 people may not receive
grants in excess of $2,750,000 for any fiscal
year.
The Director may award grants in excess of
the limitations provided in clause 1 (i) and
(ii) if the Director determines that extraordinary need for assistance by a jurisdiction
warrants a waiver.
(B) Distribution
Notwithstanding subparagraph (A), no single recipient may receive more than the
lesser of $2,750,000 or one half of one percent
of the funds appropriated under this section
for a single fiscal year.
(C) Limitation on expenditures for firefighting vehicles
Not more than 25 percent of the funds appropriated to provide grants under this section for a fiscal year may be used to assist
grant recipients to purchase vehicles, as authorized by paragraph (3)(G).
(D) Requirements for grants for emergency
medical services
Subject to the restrictions in subparagraph (E), not less than 3.5 percent of the
funds appropriated under this section for a
fiscal year shall be awarded for purposes described in paragraph (3)(F).
(E) Nonaffiliated EMS limitation
Not more than 2 percent of the funds appropriated to provide grants under this section for a fiscal year shall be awarded to
nonaffiliated EMS organizations.
(F) Application of selection criteria to grant
applications from nonaffiliated EMS organizations
In reviewing applications submitted by
nonaffiliated EMS organizations, the Director shall consider the extent to which other
sources of Federal funding are available to
provide assistance requested in such grant
applications.
(11) Reservation of grant funds for volunteer
departments
In making grants to firefighting departments, the Director shall ensure that those
firefighting departments that have either allvolunteer forces of firefighting personnel or
combined forces of volunteer and professional
firefighting personnel receive a proportion of
the total grant funding that is not less than
the proportion of the United States population
that those firefighting departments protect.
(12) Eligible grantee on behalf of Alaska Native
villages
The Alaska Village Initiatives, a non-profit
organization incorporated in the State of
Alaska, shall be considered an eligible grantee
for purposes of receiving assistance under this
section on behalf of Alaska Native villages.
1 So

in original. Probably should be ‘‘clauses’’.

Page 1579

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(13) Annual meeting
The Director shall convene an annual meeting of individuals who are members of national fire service organizations and are recognized for expertise in firefighting or emergency medical services provided by fire services, and who are not employees of the Federal
Government, for the purpose of recommending
criteria for awarding grants under this section
for the next fiscal year and recommending any
necessary administrative changes to the grant
program.
(14) Guidelines
(A) Each year, prior to making any grants
under this section, the Director shall publish
in the Federal Register—
(i) guidelines that describe the process for
applying for grants and the criteria for
awarding grants; and
(ii) an explanation of any differences between the guidelines and the recommendations made pursuant to paragraph (13).
(B) The criteria for awarding grants under
subsection (b)(1)(A) of this section shall include the extent to which the grant would enhance the daily operations of the applicant
and the impact of such a grant on the protection of lives and property.
(15) Peer review
The Director shall, after consultation with
national fire service organizations, appoint
fire service personnel to conduct peer review
of applications received under paragraph (5).
In making grants under this section, the Director shall consider the results of such peer
review evaluations.
(16) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to activities under
paragraphs (13) and (15).
(17) Accounting determination
Notwithstanding any other provision of law,
rule, regulation, or guidance, for purposes of
receiving assistance under this section, equipment costs shall include, but not be limited
to, all costs attributable to any design, purchase of components, assembly, manufacture,
and transportation of equipment not otherwise
commercially available.
(c) Audits
A recipient of a grant under this section shall
be subject to audits to ensure that the grant
proceeds are expended for the intended purposes
and that the grant recipient complies with the
requirements of paragraphs (6) and (7) of subsection (b) of this section.
(d) Definitions
In this section—
(1) the term ‘‘Director’’ means the Director,
acting through the Administrator;
(2) the term ‘‘nonaffiliated EMS organization’’ means a public or private nonprofit
emergency medical services organization that
is not affiliated with a hospital and does not
serve a geographic area in which the Director

finds that emergency medical services are adequately provided by a fire department; and
(3) the term ‘‘State’’ includes the District of
Columbia and the Commonwealth of Puerto
Rico.
(e) Authorization of appropriations
(1) In general
There are authorized to be appropriated for
the purposes of this section $900,000,000 for fiscal year 2005, $950,000,000 for fiscal year 2006,
and $1,000,000,000 for each of the fiscal years
2007 through 2009. Of the amounts authorized
in this paragraph, $3,000,000 shall be made
available each year through fiscal year 2008 for
foam firefighting equipment.
(2) Administrative expenses
Of the funds appropriated pursuant to paragraph (1) for a fiscal year, the Director may
use not more than three percent of the funds
to cover salaries and expenses and other administrative costs incurred by the Director to
make grants and provide assistance under this
section.
(Pub. L. 93–498, § 33, as added Pub. L. 106–398, § 1
[[div. A], title XVII, § 1701(a)], Oct. 30, 2000, 114
Stat. 1654, 1654A–360; amended Pub. L. 107–107,
div. A, title X, § 1061, Dec. 28, 2001, 115 Stat. 1231;
Pub. L. 108–7, div. K, title IV, § 421, Feb. 20, 2003,
117 Stat. 526; Pub. L. 108–169, title II, § 205, Dec.
6, 2003, 117 Stat. 2040; Pub. L. 108–375, div. C, title
XXXVI, § 3602, Oct. 28, 2004, 118 Stat. 2195.)
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (b)(16), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770,
as amended, which is set out in the Appendix to Title
5, Government Organization and Employees.
CODIFICATION
Another section 33 of Pub. L. 93–498 was renumbered
section 35 and is classified to section 2230 of this title.
AMENDMENTS
2004—Subsec. (b)(1)(A). Pub. L. 108–375, § 3602(1), inserted ‘‘throughout the Nation’’ after ‘‘personnel’’ and
struck out ‘‘and’’ at end.
Subsec. (b)(1)(B). Pub. L. 108–375, § 3602(2), inserted
‘‘and firefighter safety research and development’’
after ‘‘fire prevention’’ and substituted ‘‘; and’’ for period at end.
Subsec. (b)(1)(C). Pub. L. 108–375, § 3602(3), added subpar. (C).
Subsec. (b)(3)(F). Pub. L. 108–375, § 3602(4), inserted
‘‘and nonaffiliated EMS organizations’’ after ‘‘fire departments’’.
Subsec. (b)(4). Pub. L. 108–375, § 3602(5)(A), inserted
‘‘and firefighter safety research and development’’
after ‘‘prevention’’ in heading.
Subsec. (b)(4)(A)(ii). Pub. L. 108–375, § 3602(5)(B), inserted ‘‘that are not fire departments and’’ after ‘‘community organizations’’, ‘‘and firefighter research and
development programs,’’ after ‘‘fire safety programs
and activities,’’, and ‘‘and research to improve firefighter health and life safety’’ after ‘‘fire prevention
programs’’.
Subsec. (b)(4)(B). Pub. L. 108–375, § 3602(5)(C), substituted ‘‘to high risk groups from fire, as well as research programs that demonstrate the potential to improve firefighter safety’’ for ‘‘to children from fire’’.
Subsec. (b)(4)(C). Pub. L. 108–375, § 3602(5)(D), added
subpar. (C).
Subsec. (b)(5)(B)(iv), (v). Pub. L. 108–375, § 3602(6),
added cl. (iv) and redesignated former cl. (iv) as (v).

§ 2229a

TITLE 15—COMMERCE AND TRADE

Subsec. (b)(6). Pub. L. 108–375, § 3602(7), added subpars.
(A) to (C) and struck out former subpars. (A) and (B)
which read as follows:
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Director may provide assistance under this subsection
only if the applicant for the assistance agrees to match
with an equal amount of non-Federal funds 30 percent
of the assistance received under this subsection for any
fiscal year.
‘‘(B) REQUIREMENT FOR SMALL COMMUNITY ORGANIZATIONS.—In the case of an applicant whose personnel
serve jurisdictions of 50,000 or fewer residents, the percent applied under the matching requirement of subparagraph (A) shall be 10 percent.’’
Subsec. (b)(10)(A). Pub. L. 108–375, § 3602(8)(A), amended heading and text of subpar. (A) generally. Prior to
amendment, text read as follows: ‘‘A grant recipient
under this section may not receive more than $750,000
under this section for any fiscal year.’’
Subsec.
(b)(10)(B)
to
(F).
Pub.
L.
108–375,
§ 3602(8)(B)–(D), redesignated subpar. (B) as (C) and
added new subpars. (B) and (D) to (F).
Subsec. (b)(13) to (17). Pub. L. 108–375, § 3602(9), added
pars. (13) to (17).
Subsec. (d). Pub. L. 108–375, § 3602(10), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: ‘‘In this section, the term
‘State’ includes the District of Columbia and the Commonwealth of Puerto Rico.’’
Subsec. (e)(1). Pub. L. 108–375, § 3602(11), substituted
‘‘There are authorized to be appropriated for the purposes of this section $900,000,000 for fiscal year 2005,
$950,000,000 for fiscal year 2006, and $1,000,000,000 for
each of the fiscal years 2007 through 2009.’’ for ‘‘There
are authorized to be appropriated $900,000,000 for each
of the fiscal years 2002 through 2004 for the purposes of
this section.’’
2003—Subsec. (b)(2). Pub. L. 108–169, § 205(a)(1), added
par. (2) and struck out heading and text of former par.
(2). Text read as follows:
‘‘(A) ESTABLISHMENT.—Before providing assistance
under paragraph (1), the Director shall establish an office in the Federal Emergency Management Agency to
administer the assistance under this section.
‘‘(B) INCLUDED DUTIES.—The duties of the office shall
include the following:
‘‘(i) RECIPIENT SELECTION CRITERIA.—To establish
specific criteria for the selection of recipients of the
assistance under this section.
‘‘(ii) GRANT-WRITING ASSISTANCE.—To provide grantwriting assistance to applicants.’’
Subsec. (b)(3)(B). Pub. L. 108–169, § 205(b), inserted
‘‘maritime firefighting,’’ after ‘‘arson prevention and
detection,’’.
Subsec. (b)(3)(H). Pub. L. 108–169, § 205(c)(1), inserted
‘‘equipment for fighting fires with foam in remote
areas without access to water, and’’ after ‘‘including’’.
Subsec. (b)(12). Pub. L. 108–7 added par. (12).
Subsec. (e)(1). Pub. L. 108–169, § 205(c)(2), inserted at
end ‘‘Of the amounts authorized in this paragraph,
$3,000,000 shall be made available each year through fiscal year 2008 for foam firefighting equipment.’’
Subsec. (e)(2). Pub. L. 108–169, § 205(a)(2), struck out
‘‘operate the office established under subsection (b)(2)
of this section and’’ before ‘‘make grants and provide
assistance under this section.’’
2001—Subsec. (b)(3). Pub. L. 107–107, § 1061(b), (c), substituted ‘‘the grant funds for one or more of the following purposes:’’ for ‘‘the grant funds—’’ in introductory
provisions, capitalized the initial letter of the first
word of each of subpars. (A) to (N), substituted a period
for the semicolon at end of each of subpars. (A) to (L)
and a period for ‘‘; or’’ at end of subpar. (M), inserted
‘‘(including response to a terrorism incident or use of a
weapon of mass destruction)’’ after ‘‘emergency response’’ in subpar. (B), substituted ‘‘, monitoring, and
response to a terrorism incident or use of a weapon of
mass destruction’’ for ‘‘and monitoring’’ in subpar. (H),
and inserted ‘‘, including protective equipment to respond to a terrorism incident or the use of a weapon of

Page 1580

mass destruction’’ after ‘‘equipment for firefighting
personnel’’ in subpar. (I).
Subsec. (e). Pub. L. 107–107, § 1061(a), reenacted heading without change and amended text generally. Prior
to amendment, text read as follows: ‘‘There are authorized to be appropriated for the purposes of this section
amounts as follows:
‘‘(1) $100,000,000 for fiscal year 2001.
‘‘(2) $300,000,000 for fiscal year 2002.’’
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
sections 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.

§ 2229a. Expansion of pre-September 11, 2001,
fire grant program
(a) Expanded authority to make grants
(1) Hiring grants
(A) The Administrator shall make grants directly to career, volunteer, and combination
fire departments, in consultation with the
chief executive of the State in which the applicant is located, for the purpose of increasing
the number of firefighters to help communities meet industry minimum standards and
attain 24-hour staffing to provide adequate
protection from fire and fire-related hazards,
and to fulfill traditional missions of fire departments that antedate the creation of the
Department of Homeland Security.
(B)(i) Grants made under this paragraph
shall be for 4 years and be used for programs
to hire new, additional firefighters.
(ii) Grantees are required to commit to retaining for at least 1 year beyond the termination of their grants those firefighters hired
under this paragraph.
(C) In awarding grants under this subsection,
the Administrator may give preferential consideration to applications that involve a nonFederal contribution exceeding the minimums
under subparagraph (E).
(D) The Administrator may provide technical assistance to States, units of local government, Indian tribal governments, and to
other public entities, in furtherance of the
purposes of this section.
(E) The portion of the costs of hiring firefighters provided by a grant under this paragraph may not exceed—
(i) 90 percent in the first year of the grant;
(ii) 80 percent in the second year of the
grant;
(iii) 50 percent in the third year of the
grant; and
(iv) 30 percent in the fourth year of the
grant.
(F) Notwithstanding any other provision of
law, any firefighter hired with funds provided

Page 1581

TITLE 15—COMMERCE AND TRADE

under this subsection shall not be discriminated against for, or be prohibited from, engaging in volunteer activities in another jurisdiction during off-duty hours.
(G) All grants made pursuant to this subsection shall be awarded on a competitive
basis through a neutral peer review process.
(H) At the beginning of the fiscal year, the
Administrator shall set aside 10 percent of the
funds appropriated for carrying out this paragraph for departments with majority volunteer or all volunteer personnel. After awards
have been made, if less than 10 percent of the
funds appropriated for carrying out this paragraph are not awarded to departments with
majority volunteer or all volunteer personnel,
the Administrator shall transfer from funds
appropriated for carrying out this paragraph
to funds available for carrying out paragraph
(2) an amount equal to the difference between
the amount that is provided to such fire departments and 10 percent.
(2) Recruitment and retention grants
In addition to any amounts transferred
under paragraph (1)(H), the Administrator
shall direct at least 10 percent of the total
amount of funds appropriated pursuant to this
section annually to a competitive grant program for the recruitment and retention of volunteer firefighters who are involved with or
trained in the operations of firefighting and
emergency response. Eligible entities shall include volunteer or combination fire departments, and organizations on a local or statewide basis that represent the interests of volunteer firefighters.
(b) Applications
(1) No grant may be made under this section
unless an application has been submitted to, and
approved by, the Administrator.
(2) An application for a grant under this section shall be submitted in such form, and contain such information, as the Administrator
may prescribe.
(3) At a minimum, each application for a grant
under this section shall—
(A) explain the applicant’s inability to address the need without Federal assistance;
(B) in the case of a grant under subsection
(a)(1) of this section, explain how the applicant plans to meet the requirements of subsection (a)(1)(B)(ii) and (F) of this section;
(C) specify long-term plans for retaining
firefighters following the conclusion of Federal support provided under this section; and
(D) provide assurances that the applicant
will, to the extent practicable, seek, recruit,
and hire members of racial and ethnic minority groups and women in order to increase
their ranks within firefighting.
(c) Limitation on use of funds
(1) Funds made available under this section to
fire departments for salaries and benefits to hire
new, additional firefighters shall not be used to
supplant State or local funds, or, in the case of
Indian tribal governments, funds supplied by the
Bureau of Indian Affairs, but shall be used to increase the amount of funds that would, in the
absence of Federal funds received under this sec-

§ 2229a

tion, be made available from State or local
sources, or in the case of Indian tribal governments, from funds supplied by the Bureau of Indian Affairs.
(2) No grant shall be awarded pursuant to this
section to a municipality or other recipient
whose annual budget at the time of the application for fire-related programs and emergency response has been reduced below 80 percent of the
average funding level in the 3 years prior to November 24, 2003.
(3) Funds appropriated by the Congress for the
activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing firefighting functions on any Indian
lands may be used to provide the non-Federal
share of the cost of programs or projects funded
under this section.
(4)(A) Total funding provided under this section over 4 years for hiring a firefighter may not
exceed $100,000.
(B) The $100,000 cap shall be adjusted annually
for inflation beginning in fiscal year 2005.
(d) Performance evaluation
The Administrator may require a grant recipient to submit any information the Administrator considers reasonably necessary to evaluate the program.
(e) Sunset and reports
The authority under this section to make
grants shall lapse at the conclusion of 10 years
from November 24, 2003. Not later than 6 years
after November 24, 2003, the Administrator shall
submit a report to Congress concerning the experience with, and effectiveness of, such grants
in meeting the objectives of this section. The report may include any recommendations the Administrator may have for amendments to this
section and related provisions of law.
(f) Revocation or suspension of funding
If the Administrator determines that a grant
recipient under this section is not in substantial
compliance with the terms and requirements of
an approved grant application submitted under
this section, the Administrator may revoke or
suspend funding of that grant, in whole or in
part.
(g) Access to documents
(1) The Administrator shall have access for the
purpose of audit and examination to any pertinent books, documents, papers, or records of a
grant recipient under this section and to the
pertinent books, documents, papers, or records
of State and local governments, persons, businesses, and other entities that are involved in
programs, projects, or activities for which assistance is provided under this section.
(2) Paragraph (1) shall apply with respect to
audits and examinations conducted by the
Comptroller General of the United States or by
an authorized representative of the Comptroller
General.
(h) Definitions
In this section, the term—
(1) ‘‘firefighter’’ has the meaning given the
term ‘‘employee in fire protection activities’’
under section 203(y) of title 29; 1 and
1 See

References in Text note below.

§ 2230

TITLE 15—COMMERCE AND TRADE

(2) ‘‘Indian tribe’’ means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native
village (as defined in or established under the
Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because
of their status as Indians.
(i) Authorization of appropriations
There are authorized to be appropriated for
the purposes of carrying out this section—
(1) $1,000,000,000 for fiscal year 2004;
(2) $1,030,000,000 for fiscal year 2005;
(3) $1,061,000,000 for fiscal year 2006;
(4) $1,093,000,000 for fiscal year 2007;
(5) $1,126,000,000 for fiscal year 2008;
(6) $1,159,000,000 for fiscal year 2009; and
(7) $1,194,000,000 for fiscal year 2010.
(Pub. L. 93–498, § 34, as added Pub. L. 108–136, div.
A, title X, § 1057, Nov. 24, 2003, 117 Stat. 1616.)
REFERENCES IN TEXT
Section 203(y) of title 29, referred to in subsec. (h)(1),
was in the original ‘‘section 3(y) of the Fair Labor
Standards Act’’ and has been translated as reading
‘‘section 3(y) of the Fair Labor Standards Act of 1938’’
to reflect the probable intent of Congress.
The Alaska Native Claims Settlement Act, referred
to in subsec. (h)(2), is Pub. L. 92–203, Dec. 18, 1971, 85
Stat. 688, as amended, which is classified generally to
chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For
complete classification of this Act to the Code, see
Short Title note set out under section 1601 of Title 43
and Tables.
PRIOR PROVISIONS
A prior section 34 of Pub. L. 93–498 was renumbered
section 36 and is classified to section 2231 of this title.

§ 2230. Surplus and excess Federal equipment
The Administrator shall make publicly available, including through the Internet, information on procedures for acquiring surplus and excess equipment or property that may be useful
to State and local fire, emergency, and hazardous material handling service providers.
(Pub. L. 93–498, § 35, formerly § 33, as added Pub.
L. 106–503, title I, § 105, Nov. 13, 2000, 114 Stat.
2301; renumbered § 35, Pub. L. 108–136, div. A,
title X, § 1057, Nov. 24, 2003, 117 Stat. 1616.)
§ 2231. Cooperative agreements with Federal facilities
The Administrator shall make publicly available, including through the Internet, information on procedures for establishing cooperative
agreements between State and local fire and
emergency services and Federal facilities in
their region relating to the provision of fire and
emergency services.
(Pub. L. 93–498, § 36, formerly § 34, as added Pub.
L. 106–503, title I, § 106, Nov. 13, 2000, 114 Stat.
2301; renumbered § 36, Pub. L. 108–136, div. A,
title X, § 1057, Nov. 24, 2003, 117 Stat. 1616.)

Page 1582

the Agency to establish specific criteria of grant
recipients and to administer grants under this
section.
(b) Safety organization grants
The Administrator may make grants, on a
competitive basis, to safety organizations that
have experience in conducting burn safety programs for the purpose of assisting those organizations in conducting burn prevention programs
or augmenting existing burn prevention programs.
(c) Hospital grants
The Administrator may make grants, on a
competitive basis, to hospitals that serve as regional burn centers to conduct acute burn care
research.
(d) Other grants
The Administrator may make grants, on a
competitive basis, to governmental and nongovernmental entities to provide after-burn
treatment and counseling to individuals that
are burn victims.
(e) Report
(1) In general
The Administrator of the Federal Emergency Management Agency shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives on the results of the grants provided under this section.
(2) Content
The report shall contain the following:
(A) A list of the organizations, hospitals,
or other entities to which the grants were
provided and the purpose for which those entities were provided grants.
(B) Efforts taken to ensure that potential
grant applicants are provided with information necessary to develop an effective application.
(C) The Administrator’s assessment regarding the appropriate level of funding that
should be provided annually through the
grant program.
(D) The Administrator’s assessment regarding the appropriate purposes for such
grants.
(E) Any other information the Administrator determines necessary.
(3) Submission date
The report shall be submitted not later than
February 1, 2002.
(f) Authorization of appropriations
There are authorized to be appropriated for
the purposes of this section amounts as follows:
(1) $10,000,000 for fiscal year 2001.
(2) $20,000,000 for fiscal year 2002.

§ 2232. Burn research

(Pub. L. 106–398, § 1 [[div. A], title XVII, § 1703],
Oct. 30, 2000, 114 Stat. 1654, 1654A–364; Pub. L.
109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat.
1410.)

(a) Office
The Administrator of the Federal Emergency
Management Agency shall establish an office in

Section was enacted as part of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year

CODIFICATION

Page 1583

§ 2234

TITLE 15—COMMERCE AND TRADE

2001, and not as part of the Federal Fire Prevention and
Control Act of 1974 which comprises this chapter.

tool, communications equipment, protective
gear, fire hose, or breathing apparatus.

CHANGE OF NAME

(3) Qualified fire control or rescue equipment
The term ‘‘qualified fire control or rescue
equipment’’ means fire control or fire rescue
equipment that has been recertified by an authorized technician as meeting the manufacturer’s specifications.

‘‘Administrator’’ substituted for ‘‘Director’’ and ‘‘Administrator’s’’ substituted for ‘‘Director’s’’ on authority of section 612(c) of Pub. L. 109–295, set out as a note
under section 313 of Title 6, Domestic Security. Any
reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295
or an amendment by title VI to be considered to refer
and apply to the Director of the Federal Emergency
Management Agency until Mar. 31, 2007, see section
612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
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
sections 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.

§ 2233. Removal of civil liability barriers that discourage the donation of fire equipment to
volunteer fire companies
(a) Liability protection
A person who donates qualified fire control or
rescue equipment to a volunteer fire company
shall not be liable for civil damages under any
State or Federal law for personal injuries, property damage or loss, or death caused by the
equipment after the donation.
(b) Exceptions
Subsection (a) does not apply to a person if—
(1) the person’s act or omission causing the
injury, damage, loss, or death constitutes
gross negligence or intentional misconduct;
(2) the person is the manufacturer of the
qualified fire control or rescue equipment; or
(3) the person or agency modified or altered
the equipment after it had been recertified by
an authorized technician as meeting the manufacturer’s specifications.
(c) Preemption
This section preempts the laws of any State to
the extent that such laws are inconsistent with
this section, except that notwithstanding subsection (b) this section shall not preempt any
State law that provides additional protection
from liability for a person who donates fire control or fire rescue equipment to a volunteer fire
company.
(d) Definitions
In this section:
(1) Person
The term ‘‘person’’ includes any governmental or other entity.
(2) Fire control or rescue equipment
The term ‘‘fire control or fire rescue equipment’’ includes any fire vehicle, fire fighting

(4) State
The term ‘‘State’’ includes the several
States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, American
Samoa, Guam, the Virgin Islands, any other
territory or possession of the United States,
and any political subdivision of any such
State, territory, or possession.
(5) Volunteer fire company
The term ‘‘volunteer fire company’’ means
an association of individuals who provide fire
protection and other emergency services,
where at least 30 percent of the individuals receive little or no compensation compared with
an entry level full-time paid individual in that
association or in the nearest such association
with an entry level full-time paid individual.
(6) Authorized technician
The term ‘‘authorized technician’’ means a
technician who has been certified by the manufacturer of fire control or fire rescue equipment to inspect such equipment. The technician need not be employed by the State or
local agency administering the distribution of
the fire control or fire rescue equipment.
(e) Effective date
This section applies only to liability for injury, damage, loss, or death caused by equipment that, for purposes of subsection (a), is donated on or after the date that is 30 days after
March 9, 2006.
(Pub. L. 109–177, title I, § 125, Mar. 9, 2006, 120
Stat. 226.)
CODIFICATION
Section was enacted as part of the USA PATRIOT
Improvement and Reauthorization Act of 2005, and not
as part of the Federal Fire Prevention and Control Act
of 1974 which comprises this chapter.

§ 2234. Encouraging adoption of standards for
firefighter health and safety
The Administrator shall promote adoption by
fire services of national voluntary consensus
standards for firefighter health and safety, including such standards for firefighter operations, training, staffing, and fitness, by—
(1) educating fire services about such standards;
(2) encouraging the adoption at all levels of
government of such standards; and
(3) making recommendations on other ways
in which the Federal Government can promote
the adoption of such standards by fire services.
(Pub. L. 93–498, § 37, as added Pub. L. 110–376, § 7,
Oct. 8, 2008, 122 Stat. 4060.)

§ 2301

TITLE 15—COMMERCE AND TRADE

CHAPTER 50—CONSUMER PRODUCT
WARRANTIES
Sec.

2301.
2302.
2303.
2304.
2305.
2306.

2307.
2308.
2309.
2310.
2311.
2312.

Definitions.
Rules governing contents of warranties.
Designation of written warranties.
Federal minimum standards for warranties.
Full and limited warranting of a consumer
product.
Service contracts; rules for full, clear and
conspicuous disclosure of terms and conditions; addition to or in lieu of written warranty.
Designation of representatives by warrantor
to perform duties under written or implied
warranty.
Implied warranties.
Procedures applicable to promulgation of
rules by Commission.
Remedies in consumer disputes.
Applicability to other laws.
Effective dates.

§ 2301. Definitions
For the purposes of this chapter:
(1) The term ‘‘consumer product’’ means any
tangible personal property which is distributed in commerce and which is normally used
for personal, family, or household purposes
(including any such property intended to be
attached to or installed in any real property
without regard to whether it is so attached or
installed).
(2) The term ‘‘Commission’’ means the Federal Trade Commission.
(3) The term ‘‘consumer’’ means a buyer
(other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an
implied or written warranty (or service contract) applicable to the product, and any other
person who is entitled by the terms of such
warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of
the warranty (or service contract).
(4) The term ‘‘supplier’’ means any person
engaged in the business of making a consumer
product directly or indirectly available to consumers.
(5) The term ‘‘warrantor’’ means any supplier or other person who gives or offers to
give a written warranty or who is or may be
obligated under an implied warranty.
(6) The term ‘‘written warranty’’ means—
(A) any written affirmation of fact or written promise made in connection with the
sale of a consumer product by a supplier to
a buyer which relates to the nature of the
material or workmanship and affirms or
promises that such material or workmanship is defect free or will meet a specified
level of performance over a specified period
of time, or
(B) any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace, or
take other remedial action with respect to
such product in the event that such product
fails to meet the specifications set forth in
the undertaking,
which written affirmation, promise, or undertaking becomes part of the basis of the bar-

Page 1584

gain between a supplier and a buyer for purposes other than resale of such product.
(7) The term ‘‘implied warranty’’ means an
implied warranty arising under State law (as
modified by sections 2308 and 2304(a) of this
title) in connection with the sale by a supplier
of a consumer product.
(8) The term ‘‘service contract’’ means a
contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair (or
both) of a consumer product.
(9) The term ‘‘reasonable and necessary
maintenance’’ consists of those operations (A)
which the consumer reasonably can be expected to perform or have performed and (B)
which are necessary to keep any consumer
product performing its intended function and
operating at a reasonable level of performance.
(10) The term ‘‘remedy’’ means whichever of
the following actions the warrantor elects:
(A) repair,
(B) replacement, or
(C) refund;
except that the warrantor may not elect refund unless (i) the warrantor is unable to provide replacement and repair is not commercially practicable or cannot be timely made,
or (ii) the consumer is willing to accept such
refund.
(11) The term ‘‘replacement’’ means furnishing a new consumer product which is identical
or reasonably equivalent to the warranted
consumer product.
(12) The term ‘‘refund’’ means refunding the
actual purchase price (less reasonable depreciation based on actual use where permitted
by rules of the Commission).
(13) The term ‘‘distributed in commerce’’
means sold in commerce, introduced or delivered for introduction into commerce, or held
for sale or distribution after introduction into
commerce.
(14) The term ‘‘commerce’’ means trade,
traffic, commerce, or transportation—
(A) between a place in a State and any
place outside thereof, or
(B) which affects trade, traffic, commerce,
or transportation described in subparagraph
(A).
(15) The term ‘‘State’’ means a State, the
District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, the
Canal Zone, or American Samoa. The term
‘‘State law’’ includes a law of the United
States applicable only to the District of Columbia or only to a territory or possession of
the United States; and the term ‘‘Federal law’’
excludes any State law.
(Pub. L. 93–637, title I, § 101, Jan. 4, 1975, 88 Stat.
2183.)
REFERENCES IN TEXT
For definition of Canal Zone, referred to in par. (15),
see section 3602(b) of Title 22, Foreign Relations and
Intercourse.
SHORT TITLE
Section 1 of Pub. L. 93–637 provided: ‘‘That this act
[enacting this chapter and sections 57a to 57c of this