15 U.s.c. 2201

Page 1547

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

§ 2201

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’.’’

§ 2201

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;

Page 1548

‘‘(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’’).

§ 2201

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-

§ 2201

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:

Page 1550

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

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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