Fire Prevention and Control (15 U.S.C. Chapter 49)

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§ 2106

TITLE 15—COMMERCE AND TRADE

§ 2104. Imports

REFERENCES IN TEXT

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.)
EFFECTIVE DATE
Section applicable only to imitation political items
and imitation numismatic items manufactured after
Nov. 29, 1973, see section 8 of Pub. L. 93–167, set out as
a note under section 2101 of this title.

§ 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.)
EFFECTIVE DATE
Section applicable only to imitation political items
and imitation numismatic items manufactured after
Nov. 29, 1973, see section 8 of Pub. L. 93–167, set out as
a note under section 2101 of this title.

§ 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
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.
(8) The term ‘‘collectibles certification service’’ means a person recognized by collectors
for providing independent certification that
collectible items are genuine.
(9) The term ‘‘Trademark Act of 1946’’ means
the Act entitled ‘‘An Act to provide for the
registration and protection of trademarks
used in commerce, to carry out the provisions
of certain international conventions, and for
other purposes’’, approved July 5, 1946 (15
U.S.C. 1051 et seq.).
(Pub. L. 93–167, § 7, Nov. 29, 1973, 87 Stat. 687;
Pub. L. 113–288, § 2(3), Dec. 19, 2014, 128 Stat.
3281.)

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.
The Trademark Act of 1946, referred to in par. (9), is
act July 5, 1946, ch. 540, 60 Stat. 427, also popularly
known as the Lanham Act, which is classified generally
to chapter 22 (§ 1051 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 1051 of this title and Tables.
AMENDMENTS
2014—Pars. (8), (9). Pub. L. 113–288 added pars. (8) and
(9).
EFFECTIVE DATE
Section applicable only to imitation political items
and imitation numismatic items manufactured after
Nov. 29, 1973, see section 8 of Pub. L. 93–167, set out as
a note under section 2101 of this title.

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.
2228.
CPR training.
2229.
Firefighter assistance.
2229a.
Staffing for adequate fire and emergency response.
2230.
Surplus and excess Federal equipment.
2231.
Cooperative agreements with Federal facilities.
2232.
Burn research.
2233.
Removal of civil liability barriers that discourage the donation of fire equipment to
volunteer fire companies.

§ 2201

TITLE 15—COMMERCE AND TRADE

Sec.

2234.

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
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

Page 1654

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 2018 AMENDMENT
Pub. L. 115–98, § 1, Jan. 3, 2018, 131 Stat. 2239, provided
that: ‘‘This Act [amending sections 2216, 2229, and 2229a
of this title and enacting provisions set out as notes
under section 2229 of this title] may be cited as the
‘United States Fire Administration, AFG, and SAFER
Program Reauthorization Act of 2017’.’’
SHORT TITLE OF 2013 AMENDMENT
Pub. L. 112–239, div. A, title XVIII, § 1801, Jan. 2, 2013,
126 Stat. 2099, provided that: ‘‘This subtitle [subtitle A
(§§ 1801–1807) of title XVIII of div. A of Pub. L. 112–239,
amending sections 2203, 2204, 2206, 2210, 2214, 2215, 2217,
2218, 2224, 2226, 2229, 2229a of this title and section 290a
of Title 42, The Public Health and Welfare] may be
cited as the ‘Fire Grants Reauthorization Act of 2012’.’’
Pub. L. 112–239, div. A, title XVIII, § 1811, Jan. 2, 2013,
126 Stat. 2117, provided that: ‘‘This subtitle [subtitle B
(§§ 1811–1815) of title XVIII of div. A of Pub. L. 112–239,
amending sections 2204, 2205, 2208, 2216 of this title] may
be cited as the ‘United States Fire Administration Reauthorization Act of 2012’.’’
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 Organiza-

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TITLE 15—COMMERCE AND TRADE

tions, 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’.’’
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’.’’

§ 2201

‘‘(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;
‘‘(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.’’

SHORT TITLE OF 1990 AMENDMENT

CONGRESSIONAL FINDINGS AND PURPOSE

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’.’’

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;

SHORT TITLE
Pub. L. 93–498, § 1, Oct. 29, 1974, 88 Stat. 1535, 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;

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TITLE 15—COMMERCE AND TRADE

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‘‘(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
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.’’

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.

WAIVER OF FEDERAL LIABILITY

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.

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.’’

SEC. 105. REGIONAL DIRECTORS
There shall be within the Agency ten regional directors who shall be appointed by the Director in the excepted 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

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).

REORGANIZATION PLAN NO. 3 OF 1978

SEC. 202. FLOOD AND OTHER MATTERS

43 F.R. 41943, 92 Stat. 3788

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].

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’’).
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

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].
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 pur-

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poses 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 Senate, 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.

§ 2201

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:
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

§ 2202

TITLE 15—COMMERCE AND TRADE

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 Federal 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

Page 1658

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, Telecommunications]. (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, Telecommunications]. (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.

Page 1659

§ 2203

TITLE 15—COMMERCE AND TRADE
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
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, except as otherwise provided, the Administrator of the United
States Fire Administration, within the Federal Emergency Management Agency;
(4) ‘‘Administrator of FEMA’’ 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, Indian tribe, 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) ‘‘Indian tribe’’ has the meaning given
that term in section 5304 of title 25 and ‘‘tribal’’ means of or pertaining to an Indian tribe;
(7) ‘‘local’’ means of or pertaining to any
city, town, county, special purpose district,
unincorporated territory, or other political
subdivision of a State;
(8) ‘‘place of public accommodation affecting
commerce’’ means any inn, hotel, or other establishment not owned by the Federal Government 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;
(9) ‘‘Secretary’’ means, except as otherwise
provided, the Secretary of Homeland Security;
(10) ‘‘State’’ has the meaning given the term
in section 101 of title 6.1
(11) ‘‘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. 110–376, § 10, Oct. 8,
2008, 122 Stat. 4061; Pub. L. 112–239, div. A, title
XVIII, § 1802(a), Jan. 2, 2013, 126 Stat. 2099.)
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
2013—Par. (3). Pub. L. 112–239, § 1802(a)(1), inserted
‘‘, except as otherwise provided,’’ after ‘‘means’’.
Par. (4). Pub. L. 112–239, § 1802(a)(2), substituted ‘‘ ‘Administrator of FEMA’ means the Administrator of the
Federal Emergency Management Agency;’’ for ‘‘ ‘Director’ means the Director of the Federal Emergency Management Agency;’’.
Par. (5). Pub. L. 112–239, § 1802(a)(3), inserted ‘‘Indian
tribe,’’ after ‘‘county,’’ and substituted ‘‘and ‘fire control’ ’’ for ‘‘and ‘firecontrol’ ’’.
Pars. (6) to (8). Pub. L. 112–239, § 1802(a)(4), (5), added
par. (6) and redesignated former pars. (6) and (7) as (7)
and (8), respectively. Former par. (8) redesignated (9).
Par. (9). Pub. L. 112–239, § 1802(a)(6), (7), added par. (9)
and redesignated former par. (9) as (10). Former par. (10)
redesignated (11).
Pub. L. 112–239, § 1802(a)(4), redesignated par. (8) as (9).
Former par. (9) redesignated (10).
Par. (10). Pub. L. 112–239, § 1802(a)(8), amended par. (10)
generally. Prior to amendment, par. (10) defined the
term ‘‘State’’.
Pub. L. 112–239, § 1802(a)(6), redesignated par. (9) as
(10). Former par. (10) redesignated (11).
Pub. L. 112–239, § 1802(a)(4), redesignated par. (9) as
(10).
Par. (11). Pub. L. 112–239, § 1802(a)(6), redesignated par.
(10) as (11).
1 So

in original. The period probably should be ‘‘; and’’.

§ 2204

TITLE 15—COMMERCE AND TRADE

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’’.
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.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

§ 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 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 Administrator of
FEMA.
(c) Deputy Administrator
The Administrator may appoint a Deputy Administrator, who shall—
(1) perform such functions as the Administrator shall from time to time assign or delegate; and
(2) 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;

Page 1660

Pub. L. 106–503, title I, § 110(a)(2)(B)(i), Nov. 13,
2000, 114 Stat. 2302; Pub. L. 112–166, § 2(f)(2), Aug.
10, 2012, 126 Stat. 1284; Pub. L. 112–239, div. A,
title XVIII, §§ 1802(b)(1), 1812, Jan. 2, 2013, 126
Stat. 2100, 2117.)
AMENDMENTS
2013—Subsec. (b). Pub. L. 112–239, § 1802(b)(1), substituted ‘‘Administrator of FEMA’’ for ‘‘Director’’.
Subsec. (c). Pub. L. 112–239, § 1812, amended subsec. (c)
generally. Prior to amendment, text read as follows:
‘‘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.’’
2012—Subsec. (b). Pub. L. 112–166 struck out ‘‘, by and
with the advice and consent of the Senate,’’ after
‘‘President’’.
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’’.
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by Pub. L. 112–166 effective 60 days after
Aug. 10, 2012, and applicable to appointments made on
and after that effective date, including any nomination
pending in the Senate on that date, see section 6(a) of
Pub. L. 112–166, set out as a note under section 113 of
Title 6, Domestic Security.
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.
RE-ESTABLISHMENT OF POSITION OF UNITED STATES
FIRE ADMINISTRATOR
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)).’’
TERMINATION OR PRIVATIZATION OF FUNCTIONS
Pub. L. 105–108, § 4, Nov. 20, 1997, 111 Stat. 2264, provided that:

Page 1661

TITLE 15—COMMERCE AND TRADE

‘‘(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,
Space, 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, Space, and Technology] and
Appropriations of the House of Representatives and the
Committees on Commerce, Science, and Transportation
and Appropriations of the Senate.’’

§ 2205. Public education
The Administrator is authorized to take such
steps as the Administrator considers appropriate to educate the public and overcome public
indifference as to fire, fire prevention, and individual preparedness. 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;
Pub. L. 112–239, div. A, title XVIII, § 1813, Jan. 2,
2013, 126 Stat. 2117.)
AMENDMENTS
2013—Pub. L. 112–239 substituted ‘‘to take such steps
as the Administrator considers appropriate to educate
the public and overcome public indifference as to fire,
fire prevention, and individual preparedness.’’ for ‘‘to
take all steps necessary to educate the public and to

§ 2206

overcome public indifference as to fire and fire prevention.’’
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 Administrator of FEMA 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 Administrator of FEMA. 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;
(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;

§ 2206

TITLE 15—COMMERCE AND TRADE

(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;
(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

Page 1662

(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 Administrator of FEMA selects, subject to
the following provisions:
(1) The Administrator of FEMA 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 Administrator of FEMA.
(2) The Site Selection Board in making its
recommendations and the Administrator of
FEMA 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 Administrator of
FEMA shall make a final site selection 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 ap-

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TITLE 15—COMMERCE AND TRADE

proved 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 Administrator of FEMA 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 Administrator
of FEMA shall select eight such persons to serve
as members of such Board of Visitors to serve
such terms as the Administrator of FEMA 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 Administrator of FEMA 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
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.

§ 2206

(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).
(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

§ 2207

TITLE 15—COMMERCE AND TRADE

Page 1664

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.

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.

(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;
Pub. L. 112–239, div. A, title XVIII, § 1802(b)(1),
Jan. 2, 2013, 126 Stat. 2100.)

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.’’

AMENDMENTS
2013—Subsecs. (a), (b), (g), (j). Pub. L. 112–239 substituted ‘‘Administrator of FEMA’’ for ‘‘Director’’
wherever appearing.
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
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.

CONSULTATION ON FIRE ACADEMY CLASSES

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;
(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;

Page 1665

TITLE 15—COMMERCE AND TRADE

(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 efficiency 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,

§ 2207

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), 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 methodologies 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;

§ 2207

TITLE 15—COMMERCE AND TRADE
(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
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.

Page 1666

(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.’’
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 Agen-

Page 1667

§ 2209

TITLE 15—COMMERCE AND TRADE

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.

§ 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.
(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 col-

lected 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
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.
(Pub. L. 93–498, § 9, Oct. 29, 1974, 88 Stat. 1541;
Pub. L. 110–376, § 5, Oct. 8, 2008, 122 Stat. 4059;
Pub. L. 112–239, div. A, title XVIII, § 1815, Jan. 2,
2013, 126 Stat. 2118.)
AMENDMENTS
2013—Subsec. (d). Pub. L. 112–239 struck out par. (1)
designation and heading and par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘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).’’
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.

§ 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

§ 2210

TITLE 15—COMMERCE AND TRADE

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
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.

Page 1668

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 Administrator of FEMA 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;
Pub. L. 112–239, div. A, title XVIII, § 1802(b)(1),
Jan. 2, 2013, 126 Stat. 2100.)
AMENDMENTS
2013—Subsec. (c). Pub. L. 112–239 substituted ‘‘Administrator of FEMA’’ for ‘‘Director’’.

Page 1669

TITLE 15—COMMERCE AND TRADE

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
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

§ 2213

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
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.
(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
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 treat-

§ 2214

TITLE 15—COMMERCE AND TRADE

ment 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.

§ 2214. Public safety awards
(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 Administrator’s Award For Distinguished Public Safety Service (‘‘Administrator’s
Award’’).
(b) Description
The Administrator’s Award shall be presented
by the Administrator of FEMA or by the Attorney General to public safety officers for distinguished service in the field of public safety.
(c) Award
Each Administrator’s Award shall consist of
an appropriate citation.
(d) Regulations
The Administrator of FEMA 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, § 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; Pub. L.
112–239, div. A, title XVIII, § 1802(b), Jan. 2, 2013,
126 Stat. 2100.)
AMENDMENTS
2013—Pub. L. 112–239, § 1802(b)(2), substituted ‘‘Administrator’s Award’’ for ‘‘Director’s Award’’ wherever appearing.
Pub. L. 112–239, § 1802(b)(1), substituted ‘‘Administrator of FEMA’’ for ‘‘Director’’ in two places.
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
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.’’

Page 1670

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
Management Agency. For further details see Transfer
of Functions note set out under section 2202 of this
title.

Page 1671

§ 2216

TITLE 15—COMMERCE AND TRADE

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 Administrator of FEMA 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;
(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; Pub. L. 112–239, div.
A, title XVIII, § 1802(b)(1), Jan. 2, 2013, 126 Stat.
2100.)
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
2013—Pub. L. 112–239 substituted ‘‘Administrator of
FEMA’’ for ‘‘Director’’ in introductory provisions.
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-

§ 2216

TITLE 15—COMMERCE AND TRADE

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 1672

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;

Page 1673

(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;
(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;
(I) $76,490,890 for fiscal year 2013, of which
$2,753,672 shall be used to carry out section
2207(f) of this title;
(J) $76,490,890 for fiscal year 2014, of which
$2,753,672 shall be used to carry out section
2207(f) of this title;
(K) $76,490,890 for fiscal year 2015, of which
$2,753,672 shall be used to carry out section
2207(f) of this title;
(L) $76,490,890 for fiscal year 2016, of which
$2,753,672 shall be used to carry out section
2207(f) of this title; and
(M) $76,490,890 for for 2 each of fiscal years
2017 through 2023, of which $2,753,672 for each
such fiscal year 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; Pub. L. 112–239,
div. A, title XVIII, § 1814, Jan. 2, 2013, 126 Stat.
2 So

in original.

§ 2216

TITLE 15—COMMERCE AND TRADE

2118; Pub. L. 115–98, § 2, Jan. 3, 2018, 131 Stat.
2239.)
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 sections 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
2018—Subsec. (g)(1)(M). Pub. L. 115–98 substituted ‘‘for
each of fiscal years 2017 through 2023’’ for ‘‘fiscal year
2017’’ and inserted ‘‘for each such fiscal year’’ after
‘‘$2,753,672’’.
2013—Subsec. (g)(1)(E) to (M). Pub. L. 112–239 added
subpars. (I) to (M) and realigned margins in subpars. (E)
to (H).
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.

§ 2217

TITLE 15—COMMERCE AND TRADE

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 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.
ARSON PREVENTION GRANTS; TERMINATION OF
APPROPRIATIONS
Pub. L. 103–254, § 8, May 19, 1994, 108 Stat. 683, 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 Administrator of FEMA 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 Administrator of FEMA 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 confidential-

Page 1674

ity 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; Pub. L. 112–239, div. A, title
XVIII, § 1802(b)(1), Jan. 2, 2013, 126 Stat. 2100.)
AMENDMENTS
2013—Pub. L. 112–239 substituted ‘‘Administrator of
FEMA’’ for ‘‘Director’’ in two places in introductory
provisions.
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 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.

§ 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
1 So

in original. Probably should be followed by a comma.

Page 1675

§ 2218

TITLE 15—COMMERCE AND TRADE

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 Administrator of FEMA 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
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. 1548;
Pub. L. 96–121, § 2, Nov. 16, 1979, 93 Stat. 863; Pub.
L. 106–503, title I, § 110(a)(2)(B)(ix), Nov. 13, 2000,
114 Stat. 2302; Pub. L. 110–376, § 9(a), Oct. 8, 2008,
122 Stat. 4061; Pub. L. 112–239, div. A, title XVIII,
§ 1802(b)(1), Jan. 2, 2013, 126 Stat. 2100.)
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
2013—Subsec. (c). Pub. L. 112–239 substituted ‘‘Administrator of FEMA’’ for ‘‘Director’’.
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.
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

§ 2219

TITLE 15—COMMERCE AND TRADE

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.’’

§ 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

Page 1676

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.
(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 Reor-

Page 1677

TITLE 15—COMMERCE AND TRADE

ganization 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.
(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.

§ 2221

(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).
(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
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.

§§ 2222, 2223

TITLE 15—COMMERCE AND TRADE

(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.)
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

Page 1678

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
Pub. L. 101–446, § 1, Oct. 22, 1990, 104 Stat. 1045, 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.
(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 re-

Page 1679

§ 2225

TITLE 15—COMMERCE AND TRADE

sults 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.

§ 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 Administrator of FEMA, submit to the Administrator of FEMA 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 Administrator of FEMA 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),
the Administrator of FEMA shall compile and
publish in the Federal Register a national master list of all of the places of public accommoda-

tion 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 Administrator of FEMA shall periodically update the national master list compiled
pursuant to paragraph (1) to reflect changes in
the State lists submitted to the Administrator
of FEMA pursuant to subsection (a), 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; Pub. L. 112–239, div. A, title XVIII,
§ 1802(b)(1), Jan. 2, 2013, 126 Stat. 2100.)
AMENDMENTS
Pub. L. 112–239 substituted ‘‘Administrator of FEMA’’
for ‘‘Director’’ wherever appearing.
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 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.

§ 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.

§ 2225a

TITLE 15—COMMERCE AND TRADE

(b) Exceptions
(1) The requirement described in subsection
(a)(2) 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) 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.
(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’’.

Page 1680

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) 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) 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 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).
(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), waives the prohibition described in subsection (a).
(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).
(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

Page 1681

TITLE 15—COMMERCE AND TRADE

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 Administrator of FEMA, 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; amended Pub.
L. 112–239, div. A, title XVIII, § 1802(b)(1), Jan. 2,
2013, 126 Stat. 2100.)
AMENDMENTS
2013—Pub. L. 112–239 substituted ‘‘Administrator of
FEMA’’ for ‘‘Director’’.
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.

§ 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

§ 2227

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, interest 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) 2 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.
1 So

in original. The comma probably should not appear.
References in Text note below.

2 See

§ 2227

TITLE 15—COMMERCE AND TRADE

(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.
(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;

Page 1682

(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
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 employ-

Page 1683

TITLE 15—COMMERCE AND TRADE

ees 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
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.

§ 2227

(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
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) 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

§ 2228

TITLE 15—COMMERCE AND TRADE

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
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.
Section 1441a(c) of title 12, referred to in subsec.
(a)(5)(B), was repealed by Pub. L. 111–203, title III,
§ 364(b), July 21, 2010, 124 Stat. 1555.
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
Pub. L. 102–522, title I, § 106(b), Oct. 26, 1992, 106 Stat.
3417, 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].’’

Page 1684

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) Definitions
In this section:
(1) Administrator of FEMA
The term ‘‘Administrator of FEMA’’ means
the Administrator of FEMA, acting through
the Administrator.
(2) Available grant funds
The term ‘‘available grant funds’’, with respect to a fiscal year, means those funds appropriated pursuant to the authorization of
appropriations in subsection (q)(1) for such fiscal year less any funds used for administrative
costs pursuant to subsection (q)(2) in such fiscal year.
(3) Career fire department
The term ‘‘career fire department’’ means a
fire department that has an all-paid force of
firefighting personnel other than paid-on-call
firefighters.
(4) Combination fire department
The term ‘‘combination fire department’’
means a fire department that has—
(A) paid firefighting personnel; and
(B) volunteer firefighting personnel.
(5) Firefighting personnel
The term ‘‘firefighting personnel’’ means individuals, including volunteers, who are firefighters, officers of fire departments, or emergency medical service personnel of fire departments.
(6) Institution of higher education
The term ‘‘institution of higher education’’
has the meaning given such term in section
1001 of title 20.
(7) Nonaffiliated EMS organization
The term ‘‘nonaffiliated EMS organization’’
means a public or private nonprofit emergency

Page 1685

TITLE 15—COMMERCE AND TRADE

medical services organization that is not affiliated with a hospital and does not serve a
geographic area in which the Administrator of
FEMA finds that emergency medical services
are adequately provided by a fire department.
(8) Paid-on-call
The term ‘‘paid-on-call’’ with respect to firefighting personnel means firefighting personnel who are paid a stipend for each event to
which they respond.
(9) Volunteer fire department
The term ‘‘volunteer fire department’’
means a fire department that has an all-volunteer force of firefighting personnel.
(b) Assistance program
(1) Authority
In accordance with this section, the Administrator of FEMA may award—
(A) assistance to firefighters grants under
subsection (c); and
(B) fire prevention and safety grants and
other assistance under subsection (d).
(2) Administrative assistance
The Administrator of FEMA shall—
(A) establish specific criteria for the selection of grant recipients under this section;
and
(B) provide assistance with application
preparation to applicants for such grants.
(c) Assistance to firefighters grants
(1) In general
The Administrator of FEMA may, in consultation with the chief executives of the
States in which the recipients are located,
award grants on a competitive basis directly
to—
(A) fire departments, for the purpose of
protecting the health and safety of the public and firefighting personnel throughout the
United States against fire, fire-related, and
other hazards;
(B) nonaffiliated EMS organizations to
support the provision of emergency medical
services; and
(C) State fire training academies for the
purposes described in subparagraphs (G), (H),
and (I) of paragraph (3).
(2) Maximum grant amounts
(A) Population
The Administrator of FEMA may not
award a grant under this subsection in excess of amounts as follows:
(i) In the case of a recipient that serves
a jurisdiction with 100,000 people or fewer,
the amount of the grant awarded to such
recipient shall not exceed $1,000,000 in any
fiscal year.
(ii) In the case of a recipient that serves
a jurisdiction with more than 100,000 people but not more than 500,000 people, the
amount of the grant awarded to such recipient shall not exceed $2,000,000 in any
fiscal year.
(iii) In the case of a recipient that serves
a jurisdiction with more than 500,000 but
not more than 1,000,000 people, the amount

§ 2229

of the grant awarded to such recipient
shall not exceed $3,000,000 in any fiscal
year.
(iv) In the case of a recipient that serves
a jurisdiction with more than 1,000,000 people but not more than 2,500,000 people, the
amount of the grant awarded to such recipient shall not exceed $6,000,000 for any
fiscal year.
(v) In the case of a recipient that serves
a jurisdiction with more than 2,500,000 people, the amount of the grant awarded to
such recipient shall not exceed $9,000,000 in
any fiscal year.
(B) Aggregate
(i) In general
Notwithstanding subparagraphs (A) and
(B) and except as provided under clause
(ii), the Administrator of FEMA may not
award a grant under this subsection in a
fiscal year in an amount that exceeds the
amount that is one percent of the available grant funds in such fiscal year.
(ii) Exception
The Administrator of FEMA may waive
the limitation in clause (i) with respect to
a grant recipient if the Administrator of
FEMA determines that such recipient has
an extraordinary need for a grant in an
amount that exceeds the limit under
clause (i).
(3) Use of grant funds
Each entity receiving a grant under this subsection shall use the grant for one or more of
the following purposes:
(A) To train firefighting personnel in—
(i) firefighting;
(ii) emergency medical services and
other emergency response (including response to natural disasters, acts of terrorism, and other man-made disasters);
(iii) arson prevention and detection;
(iv) maritime firefighting; or
(v) the handling of hazardous materials.
(B) To train firefighting personnel to provide any of the training described under subparagraph (A).
(C) To fund the creation of rapid intervention teams to protect firefighting personnel
at the scenes of fires and other emergencies.
(D) To certify—
(i) fire inspectors; and
(ii) building inspectors—
(I) whose responsibilities include fire
safety inspections; and
(II) who are employed by or serving as
volunteers with a fire department.
(E) To establish wellness and fitness programs for firefighting personnel to ensure
that the firefighting personnel are able to
carry out their duties as firefighters, including programs dedicated to raising awareness
of, and prevention of, job-related mental
health issues.
(F) To fund emergency medical services
provided by fire departments and nonaffiliated EMS organizations.
(G) To acquire additional firefighting vehicles, including fire trucks and other apparatus.

§ 2229

TITLE 15—COMMERCE AND TRADE

(H) To acquire additional firefighting
equipment, including equipment for—
(i) fighting fires with foam in remote
areas without access to water; and
(ii) communications, monitoring, and response to a natural disaster, act of terrorism, or other man-made disaster, including
the use of a weapon of mass destruction.
(I) To acquire personal protective equipment, including personal protective equipment—
(i) prescribed for firefighting personnel
by the Occupational Safety and Health Administration of the Department of Labor;
or
(ii) for responding to a natural disaster
or act of terrorism or other man-made disaster, including 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 educate the public about arson prevention and detection.
(L) To provide incentives for the recruitment and retention of volunteer firefighting
personnel for volunteer firefighting departments and other firefighting departments
that utilize volunteers.
(M) To support such other activities, consistent with the purposes of this subsection,
as the Administrator of FEMA determines
appropriate.
(N) To provide specialized training to firefighters, paramedics, emergency medical
service workers, and other first responders
to recognize individuals who have mental illness and how to properly intervene with individuals with mental illness, including
strategies for verbal de-escalation of crisis.
(d) Fire prevention and safety grants
(1) In general
For the purpose of assisting fire prevention
programs and supporting firefighter health
and safety research and development, the Administrator of FEMA may, on a competitive
basis—
(A) award grants to fire departments;
(B) award grants to, or enter into contracts or cooperative agreements with, national, State, local, tribal, or nonprofit 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—
(i) fire prevention programs; and
(ii) research to improve firefighter
health and life safety; and
(C) award grants to institutions of higher
education, national fire service organizations, or national fire safety organizations
to establish and operate fire safety research
centers.
(2) Maximum grant amount
A grant awarded under this subsection may
not exceed $1,500,000 for a fiscal year.

Page 1686

(3) Use of grant funds
Each entity receiving a grant under this subsection shall use the grant for one or more of
the following purposes:
(A) To enforce fire codes and promote compliance with fire safety standards.
(B) To fund fire prevention programs, including programs that educate the public
about arson prevention and detection.
(C) To fund wildland fire prevention programs, including education, awareness, and
mitigation programs that protect lives,
property, and natural resources from fire in
the wildland-urban interface.
(D) In the case of a grant awarded under
paragraph (1)(C), to fund the establishment
or operation of a fire safety research center
for the purpose of significantly reducing the
number of fire-related deaths and injuries
among firefighters and the general public
through research, development, and technology transfer activities.
(E) To support such other activities, consistent with the purposes of this subsection,
as the Administrator of FEMA determines
appropriate.
(4) Limitation
None of the funds made available under this
subsection may be provided to the Association
of Community Organizations for Reform Now
(ACORN) or any of its affiliates, subsidiaries,
or allied organizations.
(e) Applications for grants
(1) In general
An entity seeking a grant under this section
shall submit to the Administrator of FEMA an
application therefor in such form and in such
manner as the Administrator of FEMA determines appropriate.
(2) Elements
Each application submitted under paragraph
(1) shall include the following:
(A) A description of the financial need of
the applicant for the grant.
(B) An analysis of the costs and benefits,
with respect to public safety, of the use for
which a grant is requested.
(C) An agreement to provide information
to the national fire incident reporting system for the period covered by the grant.
(D) A list of other sources of funding received by the applicant—
(i) for the same purpose for which the application for a grant under this section
was submitted; or
(ii) from the Federal Government for
other fire-related purposes.
(E) Such other information as the Administrator of FEMA determines appropriate.
(3) Joint or regional applications
(A) In general
Two or more entities may submit an application under paragraph (1) for a grant under
this section to fund a joint program or initiative, including acquisition of shared
equipment or vehicles.
(B) Nonexclusivity
Applications under this paragraph may be
submitted instead of or in addition to any

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TITLE 15—COMMERCE AND TRADE

other application submitted under paragraph (1).
(C) Guidance
The Administrator of FEMA shall—
(i) publish guidance on applying for and
administering grants awarded for joint
programs and initiatives described in subparagraph (A); and
(ii) encourage applicants to apply for
grants for joint programs and initiatives
described in subparagraph (A) as the Administrator of FEMA determines appropriate to achieve greater cost effectiveness
and regional efficiency.
(f) Peer review of grant applications
(1) In general
The Administrator of FEMA shall, after consultation with national fire service and emergency medical services organizations, appoint
fire service personnel to conduct peer reviews
of applications received under subsection
(e)(1).
(2) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to activities carried out pursuant to this subsection.
(g) Prioritization of grant awards
In awarding grants under this section, the Administrator of FEMA shall consider the following:
(1) The findings and recommendations of the
peer reviews carried out under subsection (f).
(2) The degree to which an award will reduce
deaths, injuries, and property damage by reducing the risks associated with fire-related
and other hazards.
(3) The extent of the need of an applicant for
a grant under this section and the need to protect the United States as a whole.
(4) The number of calls requesting or requiring a fire fighting or emergency medical response received by an applicant.
(h) Allocation of grant awards
In awarding grants under this section, the Administrator of FEMA shall ensure that of the
available grant funds in each fiscal year—
(1) not less than 25 percent are awarded
under subsection (c) to career fire departments;
(2) not less than 25 percent are awarded
under subsection (c) to volunteer fire departments;
(3) not less than 25 percent are awarded
under subsection (c) to combination fire departments and fire departments using paid-oncall firefighting personnel;
(4) not less than 10 percent are available for
open competition among career fire departments, volunteer fire departments, combination fire departments, and fire departments
using paid-on-call firefighting personnel for
grants awarded under subsection (c);
(5) not less than 10 percent are awarded
under subsection (d); and
(6) not more than 2 percent are awarded
under this section to nonaffiliated EMS organizations described in subsection (c)(1)(B).

§ 2229

(i) Additional requirements and limitations
(1) Funding for emergency medical services
Not less than 3.5 percent of the available
grant funds for a fiscal year shall be awarded
under this section for purposes described in
subsection (c)(3)(F).
(2) State fire training academies
(A) Maximum share
Not more than 3 percent of the available
grant funds for a fiscal year may be awarded
under subsection (c)(1)(C).
(B) Maximum grant amount
The Administrator of FEMA may not
award a grant under subsection (c)(1)(C) to a
State fire training academy in an amount
that exceeds $1,000,000 in any fiscal year.
(3) Amounts for purchasing firefighting vehicles
Not more than 25 percent of the available
grant funds for a fiscal year may be used to assist grant recipients to purchase vehicles pursuant to subsection (c)(3)(G).
(j) Further considerations
(1) Assistance to firefighters grants to fire departments
In considering applications for grants under
subsection (c)(1)(A), the Administrator of
FEMA shall consider—
(A) 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; and
(B) a broad range of factors important to
the applicant’s ability to respond to fires
and related hazards, such as the following:
(i) Population served.
(ii) Geographic response area.
(iii) Hazards vulnerability.
(iv) Call volume.
(v) Financial situation, including unemployment rate of the area being served.
(vi) Need for training or equipment.
(2) Applications from nonaffiliated EMS organizations
In the case of an application submitted
under subsection (e)(1) by a nonaffiliated EMS
organization, the Administrator of FEMA
shall consider the extent to which other
sources of Federal funding are available to the
applicant to provide the assistance requested
in such application.
(3) Awarding fire prevention and safety grants
to certain organizations that are not fire
departments
In the case of applicants for grants under
this section who are described in subsection
(d)(1)(B), the Administrator of FEMA shall
give priority to applicants who focus on—
(A) prevention of injuries to high risk
groups from fire; and
(B) research programs that demonstrate a
potential to improve firefighter safety.
(4) Awarding grants for fire safety research
centers
(A) Considerations
In awarding grants under subsection
(d)(1)(C), the Administrator of FEMA shall—

§ 2229

TITLE 15—COMMERCE AND TRADE
(i) select each grant recipient on—
(I) the demonstrated research and extension resources available to the recipient to carry out the research, development, and technology transfer activities;
(II) the capability of the recipient to
provide leadership in making national
contributions to fire safety;
(III) the recipient’s ability to disseminate the results of fire safety research;
and
(IV) the strategic plan the recipient
proposes to carry out under the grant;
(ii) give special consideration in selecting recipients under subparagraph (A) to
an applicant for a grant that consists of a
partnership between—
(I) a national fire service organization
or a national fire safety organization;
and
(II) an institution of higher education,
including a minority-serving institution
(as described in section 1067q(a) of title
20); and

(iii) consider the research needs identified and prioritized through the workshop
required by subparagraph (B)(i).
(B) Research needs
(i) In general
Not later than 90 days after January 2,
2013, the Administrator of FEMA shall
convene a workshop of the fire safety research community, fire service organizations, and other appropriate stakeholders
to identify and prioritize fire safety research needs.
(ii) Publication
The Administrator of FEMA shall ensure
that the results of the workshop are made
available to the public.
(C) Limitations on grants for fire safety research centers
(i) In general
The Administrator of FEMA may award
grants under subsection (d) to establish
not more than 3 fire safety research centers.
(ii) Recipients
An institution of higher education, a national fire service organization, and a national fire safety organization may not directly receive a grant under subsection (d)
for a fiscal year for more than 1 fire safety
research center.
(5) Avoiding duplication
The Administrator of FEMA shall review
lists submitted by applicants pursuant to subsection (e)(2)(D) and take such actions as the
Administrator of FEMA considers necessary
to prevent unnecessary duplication of grant
awards.
(k) Matching and maintenance of expenditure requirements
(1) Matching requirement for assistance to firefighters grants
(A) In general
Except as provided in subparagraph (B), an
applicant seeking a grant to carry out an ac-

Page 1688

tivity under subsection (c) shall agree to
make available non-Federal funds to carry
out such activity in an amount equal to not
less than 15 percent of the grant awarded to
such applicant under such subsection.
(B) Exception for entities serving small communities
In the case that an applicant seeking a
grant to carry out an activity under subsection (c) serves a jurisdiction of—
(i) more than 20,000 residents but not
more than 1,000,000 residents, the application shall agree to make available nonFederal funds in an amount equal to not
less than 10 percent of the grant awarded
to such applicant under such subsection;
and
(ii) 20,000 residents or fewer, the applicant shall agree to make available nonFederal funds in an amount equal to not
less than 5 percent of the grant awarded to
such applicant under such subsection.
(2) Matching requirement for fire prevention
and safety grants
(A) In general
An applicant seeking a grant to carry out
an activity under subsection (d) shall agree
to make available non-Federal funds to
carry out such activity in an amount equal
to not less than 5 percent of the grant
awarded to such applicant under such subsection.
(B) Means of matching
An applicant for a grant under subsection
(d) may meet the matching requirement
under subparagraph (A) through direct funding, funding of complementary activities, or
the provision of staff, facilities, services,
material, or equipment.
(3) Maintenance of expenditures
An applicant seeking a grant under subsection (c) or (d) shall agree to maintain during the term of the grant the applicant’s aggregate expenditures relating to the uses described in subsections (c)(3) and (d)(3) at not
less than 80 percent of the average amount of
such expenditures in the 2 fiscal years preceding the fiscal year in which the grant amounts
are received.
(4) Waiver
(A) In general
Except as provided in subparagraph (C)(ii),
the Administrator of FEMA may waive or
reduce the requirements of paragraphs (1),
(2), and (3) in cases of demonstrated economic hardship.
(B) Guidelines
(i) In general
The Administrator of FEMA shall establish and publish guidelines for determining
what constitutes economic hardship for
purposes of this paragraph.
(ii) Consultation
In developing guidelines under clause (i),
the Administrator of FEMA shall consult
with individuals who are—

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TITLE 15—COMMERCE AND TRADE

(I) recognized for expertise in firefighting, emergency medical services provided by fire services, or the economic
affairs of State and local governments;
and
(II) members of national fire service
organizations or national organizations
representing the interests of State and
local governments.
(iii) Considerations
In developing guidelines under clause (i),
the Administrator of FEMA shall consider,
with respect to relevant communities, the
following:
(I) Changes in rates of unemployment
from previous years.
(II) Whether the rates of unemployment of the relevant communities are
currently and have consistently exceeded the annual national average rates of
unemployment.
(III) Changes in percentages of individuals eligible to receive food stamps from
previous years.
(IV) Such other factors as the Administrator of FEMA considers appropriate.
(C) Certain applicants for fire prevention
and safety grants
The authority under subparagraph (A)
shall not apply with respect to a nonprofit
organization that—
(i) is described in subsection (d)(1)(B);
and
(ii) is not a fire department or emergency medical services organization.
(l) Grant guidelines
(1) Guidelines
For each fiscal year, prior to awarding any
grants under this section, the Administrator
of FEMA shall publish in the Federal Register—
(A) guidelines that describe—
(i) the process for applying for grants
under this section; and
(ii) the criteria that will be used for selecting grant recipients; and
(B) an explanation of any differences between such guidelines and the recommendations obtained under paragraph (2).
(2) Annual meeting to obtain recommendations
(A) In general
For each fiscal year, the Administrator of
FEMA shall convene a meeting of qualified
members of national fire service organizations and, at the discretion of the Administrator of FEMA, qualified members of emergency medical service organizations to obtain recommendations regarding the following:
(i) Criteria for the awarding of grants
under this section.
(ii) Administrative changes to the assistance program established under subsection
(b).
(B) Qualified members
For purposes of this paragraph, a qualified
member of an organization is a member
who—

§ 2229

(i) is recognized for expertise in firefighting or emergency medical services;
(ii) is not an employee of the Federal
Government; and
(iii) in the case of a member of an emergency medical service organization, is a
member of an organization that represents—
(I) providers of emergency medical
services that are affiliated with fire departments; or
(II) nonaffiliated EMS providers.
(3) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to activities carried out under this subsection.
(m) Accounting determination
Notwithstanding any other provision of law,
for purposes of this section, equipment costs
shall include all costs attributable to any design, purchase of components, assembly, manufacture, and transportation of equipment not
otherwise commercially available.
(n) Eligible grantee on behalf of Alaska Native
villages
The Alaska Village Initiatives, a non-profit
organization incorporated in the State of Alaska, shall be eligible to apply for and receive a
grant or other assistance under this section on
behalf of Alaska Native villages.
(o) Training standards
If an applicant for a grant under this section
is applying for such grant to purchase training
that does not meet or exceed any applicable national voluntary consensus standards, including
those developed under section 747 of title 6, the
applicant shall submit to the Administrator of
FEMA an explanation of the reasons that the
training proposed to be purchased will serve the
needs of the applicant better than training that
meets or exceeds such standards.
(p) Ensuring effective use of grants
(1) Audits
The Administrator of FEMA may audit a recipient of a grant awarded under this section
to ensure that—
(A) the grant amounts are expended for the
intended purposes; and
(B) the grant recipient complies with the
requirements of subsection (k).
(2) Performance assessment
(A) In general
The Administrator of FEMA shall develop
and implement a performance assessment
system, including quantifiable performance
metrics, to evaluate the extent to which
grants awarded under this section are furthering the purposes of this section, including protecting the health and safety of the
public and firefighting personnel against fire
and fire-related hazards.
(B) Consultation
The Administrator of FEMA shall consult
with fire service representatives and with
the Comptroller General of the United

§ 2229

TITLE 15—COMMERCE AND TRADE

States in developing the assessment system
required by subparagraph (A).
(3) Annual reports to Administrator of FEMA
Not less frequently than once each year during the term of a grant awarded under this
section, the recipient of the grant shall submit
to the Administrator of FEMA an annual report describing how the recipient used the
grant amounts.
(4) Annual reports to Congress
(A) In general
Not later than September 30, 2013, and
each year thereafter through 2017, the Administrator of FEMA shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate and the
Committee on Science and Technology and
the Committee on Transportation and Infrastructure of the House of Representatives a
report that provides—
(i) information on the performance assessment system developed under paragraph (2); and
(ii) using the performance metrics developed under such paragraph, an evaluation
of the effectiveness of the grants awarded
under this section.
(B) Additional information
The report due under subparagraph (A) on
September 30, 2016, shall also include recommendations for legislative changes to improve grants under this section.
(q) Authorization of appropriations
(1) In general
There is authorized to be appropriated to
carry out this section—
(A) $750,000,000 for fiscal year 2013; and
(B) for each of fiscal years 2014 through
2023, an amount equal to the amount authorized for the previous fiscal year increased by
the percentage by which—
(i) the Consumer Price Index (all items,
United States city average) for the previous fiscal year, exceeds
(ii) the Consumer Price Index for the fiscal year preceding the fiscal year described
in clause (i).
(2) Administrative expenses
Of the amounts appropriated pursuant to
paragraph (1) for a fiscal year, the Administrator of FEMA may use not more than 5 percent of such amounts for salaries and expenses
and other administrative costs incurred by the
Administrator of FEMA in the course of
awarding grants and providing assistance
under this section.
(3) Congressionally directed spending
Consistent with the requirements in subsections (c)(1) and (d)(1) that grants under
those subsections be awarded on a competitive
basis, none of the funds appropriated pursuant
to this subsection may be used for any congressionally directed spending item (as defined
under the rules of the Senate and the House of
Representatives).
(r) Sunset of authorities
The authority to award assistance and grants
under this section shall expire on September 30,
2024.

Page 1690

(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; Pub.
L. 112–239, div. A, title XVIII, § 1803, Jan. 2, 2013,
126 Stat. 2100; Pub. L. 115–98, § 3, Jan. 3, 2018, 131
Stat. 2239.)
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsecs. (f)(2) and (l)(3), is Pub. L. 92–463, Oct. 6, 1972, 86
Stat. 770, 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
2018—Subsec. (c)(3)(N). Pub. L. 115–98, § 3(c), added
subpar. (N).
Subsec. (q)(1)(B). Pub. L. 115–98, § 3(b), substituted
‘‘2023’’ for ‘‘2017’’ in introductory provisions.
Subsec. (r). Pub. L. 115–98, § 3(a), substituted ‘‘September 30, 2024’’ for ‘‘the date that is 5 years after January 2, 2013’’.
2013—Pub. L. 112–239 amended section generally. Prior
to amendment, section authorized grants for firefighter
assistance.
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).
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

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TITLE 15—COMMERCE AND TRADE

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
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

§ 2229a

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.
TRAINING ON ADMINISTRATION OF FIRE GRANT
PROGRAMS
Pub. L. 115–98, § 5, Jan. 3, 2018, 131 Stat. 2240, provided
that:
‘‘(a) IN GENERAL.—The Administrator of the Federal
Emergency Management Agency, acting through the
Administrator of the United States Fire Administration, may develop and make widely available an electronic, online training course for members of the fire
and emergency response community on matters relating to the administration of grants under sections 33
and 34 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229 and 2229a).
‘‘(b) REQUIREMENTS.—The Administrator of the Federal Emergency Management Agency shall ensure that
any training developed and made available under subsection (a) is—
‘‘(1) tailored to the financial and time constraints
of members of the fire and emergency response community; and
‘‘(2) accessible to all individuals in the career, combination, paid-on-call, and volunteer fire and emergency response community.’’
FRAMEWORK FOR OVERSIGHT AND MONITORING OF THE
ASSISTANCE TO FIREFIGHTERS GRANTS PROGRAM, THE
FIRE PREVENTION AND SAFETY GRANTS PROGRAM,
AND THE STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANT PROGRAM
Pub. L. 115–98, § 6, Jan. 3, 2018, 131 Stat. 2241, provided
that:
‘‘(a) FRAMEWORK.—Not later than 90 days after the
date of enactment of this Act [Jan. 3, 2018], the Administrator of the Federal Emergency Management Agency, acting through the Administrator of the United
States Fire Administration, shall develop and implement a grant monitoring and oversight framework to
mitigate and minimize risks of fraud, waste, abuse, and
mismanagement relating to the grants programs under
sections 33 and 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229 and 2229a).
‘‘(b) ELEMENTS.—The framework required under subsection (a) shall include the following:
‘‘(1) Developing standardized guidance and training
for all participants in the grant programs described
in subsection (a).
‘‘(2) Conducting regular risk assessments.
‘‘(3) Conducting desk reviews and site visits.
‘‘(4) Enforcement actions to recoup potential questionable costs of grant recipients.
‘‘(5) Such other oversight and monitoring tools as
the Administrator of the Federal Emergency Management Agency considers necessary to mitigate and
minimize fraud, waste, abuse, and mismanagement
relating to the grant programs described in subsection (a).’’

§ 2229a. Staffing for adequate fire and emergency
response
(a) Expanded authority to make grants
(1) Hiring grants
(A) The Administrator of FEMA shall make
grants directly to career fire departments,
combination fire departments, and volunteer

§ 2229a

TITLE 15—COMMERCE AND TRADE

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) Grants made under this paragraph shall
be for 3 years and be used for programs to hire
new, additional firefighters or to change the
status of part-time or paid-on-call (as defined
in section 2229(a) of this title) firefighters to
full-time firefighters.
(C) In awarding grants under this subsection,
the Administrator of FEMA may give preferential consideration to applications that involve a non-Federal contribution exceeding
the minimums under subparagraph (E).
(D) The Administrator of FEMA 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) 75 percent in the first year of the grant;
(ii) 75 percent in the second year of the
grant; and
(iii) 35 percent in the third year of the
grant.
(F) Notwithstanding any other provision of
law, any firefighter hired with funds provided
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 of FEMA 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 of FEMA 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 of
FEMA 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 national, State, local, or tribal

Page 1692

organizations 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 of FEMA.
(2) An application for a grant under this section shall be submitted in such form, and contain such information, as the Administrator of
FEMA 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), explain how the applicant plans to meet
the requirements of subsection (a)(1)(F);
(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 section, 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 the
date of the application for the grant.
(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) The amount of funding provided under this
section to a recipient fire department for hiring
a firefighter in any fiscal year may not exceed—
(A) in the first year of the grant, 75 percent
of the usual annual cost of a first-year firefighter in that department at the time the
grant application was submitted;
(B) in the second year of the grant, 75 percent of the usual annual cost of a first-year
firefighter in that department at the time the
grant application was submitted; and
(C) in the third year of the grant, 35 percent
of the usual annual cost of a first-year firefighter in that department at the time the
grant application was submitted.
(d) Waivers
(1) In general
In a case of demonstrated economic hardship, the Administrator of FEMA may—

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TITLE 15—COMMERCE AND TRADE

(A) waive the requirements of subsection
(c)(1); or
(B) waive or reduce the requirements in
subsection (a)(1)(E), (c)(2), or (c)(4).
(2) Guidelines
(A) In general
The Administrator of FEMA shall establish and publish guidelines for determining
what constitutes economic hardship for purposes of paragraph (1).
(B) Consultation
In developing guidelines under subparagraph (A), the Administrator of FEMA shall
consult with individuals who are—
(i) recognized for expertise in firefighting, emergency medical services provided
by fire services, or the economic affairs of
State and local governments; and
(ii) members of national fire service organizations or national organizations representing the interests of State and local
governments.
(C) Considerations
In developing guidelines under subparagraph (A), the Administrator of FEMA shall
consider, with respect to relevant communities, the following:
(i) Changes in rates of unemployment
from previous years.
(ii) Whether the rates of unemployment
of the relevant communities are currently
and have consistently exceeded the annual
national average rates of unemployment.
(iii) Changes in percentages of individuals eligible to receive food stamps from
previous years.
(iv) Such other factors as the Administrator of FEMA considers appropriate.
(e) Performance evaluation
(1) In general
The Administrator of FEMA shall establish
a performance assessment system, including
quantifiable performance metrics, to evaluate
the extent to which grants awarded under this
section are furthering the purposes of this section.
(2) Submittal of information
The Administrator of FEMA may require a
grant recipient to submit any information the
Administrator of FEMA considers reasonably
necessary to evaluate the program.
(f) Report
Not later than September 30, 2014, the Administrator of FEMA shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate and the Committee on
Science and Technology and the Committee on
Transportation and Infrastructure of the House
of Representatives a report on the experience
with, and effectiveness of, such grants in meeting the objectives of this section. The report
may include any recommendations the Administrator of FEMA may have for amendments to
this section and related provisions of law.
(g) Revocation or suspension of funding
If the Administrator of FEMA determines that
a grant recipient under this section is not in

§ 2229a

substantial compliance with the terms and requirements of an approved grant application
submitted under this section, the Administrator
of FEMA may revoke or suspend funding of that
grant, in whole or in part.
(h) Access to documents
(1) The Administrator of FEMA 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.
(i) Definitions
In this section:
(1) The term ‘‘firefighter’’ has the meaning
given the term ‘‘employee in fire protection
activities’’ under section 203(y) of title 29.1
(2) The terms ‘‘Administrator of FEMA’’,
‘‘career fire department’’, ‘‘combination fire
department’’, and ‘‘volunteer fire department’’
have the meanings given such terms in section
2229(a) of this title.
(j) Authorization of appropriations
(1) In general
There are authorized to be appropriated for
the purposes of carrying out this section—
(A) $1,000,000,000 for fiscal year 2004;
(B) $1,030,000,000 for fiscal year 2005;
(C) $1,061,000,000 for fiscal year 2006;
(D) $1,093,000,000 for fiscal year 2007;
(E) $1,126,000,000 for fiscal year 2008;
(F) $1,159,000,000 for fiscal year 2009;
(G) $1,194,000,000 for fiscal year 2010;
(H) $750,000,000 for fiscal year 2013; and
(I) for each of fiscal years 2014 through
2023, an amount equal to the amount authorized for the previous fiscal year increased by
the percentage by which—
(i) the Consumer Price Index (all items,
United States city average) for the previous fiscal year, exceeds
(ii) the Consumer Price Index for the fiscal year preceding the fiscal year described
in subparagraph (A).
(2) Administrative expenses
Of the amounts appropriated pursuant to
paragraph (1) for a fiscal year, the Administrator of FEMA may use not more than 5 percent of such amounts to cover salaries and expenses and other administrative costs incurred
by the Administrator of FEMA to make grants
and provide assistance under this section.
(3) Congressionally directed spending
Consistent with the requirement in subsection (a) that grants under this section be
awarded on a competitive basis, none of the
funds appropriated pursuant to this subsection
1 See

References in Text note below.

§ 2229a

TITLE 15—COMMERCE AND TRADE

may be used for any congressionally direct
spending item (as defined under the rules of
the Senate and the House of Representatives).
(k) Sunset of authorities
The authority to award assistance and grants
under this section shall expire on September 30,
2024.
(Pub. L. 93–498, § 34, as added Pub. L. 108–136, div.
A, title X, § 1057, Nov. 24, 2003, 117 Stat. 1616;
amended Pub. L. 112–239, div. A, title XVIII,
§ 1804, Jan. 2, 2013, 126 Stat. 2111; Pub. L. 113–66,
div. A, title X, § 1091(b)(9), Dec. 26, 2013, 127 Stat.
876; Pub. L. 114–255, div. B, title XIV, § 14001(c),
Dec. 13, 2016, 130 Stat. 1288; Pub. L. 115–98, § 4,
Jan. 3, 2018, 131 Stat. 2240.)
REFERENCES IN TEXT
Section 203(y) of title 29, referred to in subsec. (i)(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.
PRIOR PROVISIONS
A prior section 34 of Pub. L. 93–498 was renumbered
section 36 and is classified to section 2231 of this title.
AMENDMENTS
2018—Subsec. (a)(1)(B). Pub. L. 115–98, § 4(f), substituted ‘‘firefighters or to change the status of parttime or paid-on-call (as defined in section 2229(a) of this
title) firefighters to full-time firefighters’’ for ‘‘firefighters and to provide specialized training to paramedics, emergency medical services workers, and other
first responders to recognize individuals who have mental illness and how to properly intervene with individuals with mental illness, including strategies for verbal
de-escalation of crises’’.
Subsec. (b)(3)(B). Pub. L. 115–98, § 4(c), substituted ‘‘of
subsection (a)(1)(F)’’ for ‘‘of subsection (a)(1)(B)(ii) and
(F)’’.
Subsec. (c)(2). Pub. L. 115–98, § 4(d), substituted ‘‘prior
to the date of the application for the grant’’ for ‘‘prior
to November 24, 2003’’.
Subsec. (d)(1)(B). Pub. L. 115–98, § 4(e), substituted
‘‘subsection (a)(1)(E), (c)(2), or (c)(4)’’ for ‘‘subsection
(a)(1)(E) or subsection (c)(2)’’.
Subsec. (j)(1)(I). Pub. L. 115–98, § 4(b), substituted
‘‘2023’’ for ‘‘2017’’ in introductory provisions.
Subsec. (k). Pub. L. 115–98, § 4(a), substituted ‘‘September 30, 2024’’ for ‘‘the date that is 5 years after January 2, 2013’’.
2016—Subsec. (a)(1)(B). Pub. L. 114–255 inserted before
period at end ‘‘and to provide specialized training to
paramedics, emergency medical services workers, and
other first responders to recognize individuals who
have mental illness and how to properly intervene with
individuals with mental illness, including strategies for
verbal de-escalation of crises’’.
2013—Pub. L. 112–239, § 1804(j), substituted ‘‘Staffing
for adequate fire and emergency response’’ for ‘‘Expansion of pre-September 11, 2001, fire grant program’’ in
section catchline.
Pub. L. 112–239, § 1804(i), as amended by Pub. L. 113–66,
§ 1091(b)(9)(B), substituted ‘‘Administrator of FEMA’’
for ‘‘Administrator’’ wherever appearing, except in
those places in which ‘‘Administrator of FEMA’’ already appeared.
Subsec. (a)(1)(A). Pub. L. 112–239, § 1804(g)(2), substituted ‘‘career fire departments, combination fire departments, and volunteer fire departments’’ for ‘‘career, volunteer, and combination fire departments’’.
Subsec. (a)(1)(B). Pub. L. 112–239, § 1804(a)(1), amended
subpar. (B) generally. Prior to amendment, subpar. (B)
read as follows:
‘‘(B)(i) Grants made under this paragraph shall be for
4 years and be used for programs to hire new, additional firefighters.

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‘‘(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.’’
Subsec. (a)(1)(E). Pub. L. 112–239, § 1804(a)(2), amended
subpar. (E) generally. Prior to amendment, subpar. (E)
read as follows: ‘‘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.’’
Subsec. (a)(2). Pub. L. 112–239, § 1804(b), substituted
‘‘national, State, local, or tribal organizations’’ for
‘‘organizations on a local or statewide basis’’.
Subsec. (c)(4). Pub. L. 112–239, § 1804(c), amended par.
(4) generally. Prior to amendment, par. (4) read as follows:
‘‘(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.’’
Subsec. (d). Pub. L. 112–239, § 1804(d)(2), added subsec.
(d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 112–239, § 1804(e), added par. (1) and
designated existing provisions as par. (2) and inserted
heading.
Pub. L. 112–239, § 1804(d)(1), redesignated subsec. (d) as
(e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 112–239, § 1804(f), substituted ‘‘Report’’ for ‘‘Sunset and reports’’ in heading and ‘‘Not
later than September 30, 2014, the Administrator of
FEMA shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the
Committee on Science and Technology and the Committee on Transportation and Infrastructure of the
House of Representatives a report on’’ for ‘‘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’’ in text.
Pub. L. 112–239, § 1804(d)(1), redesignated subsec. (e) as
(f). Former subsec. (f) redesignated (g).
Subsecs. (g), (h). Pub. L. 112–239, § 1804(d)(1), redesignated subsecs. (f) and (g) as (g) and (h), respectively.
Former subsec. (h) redesignated (i).
Subsec. (i). Pub. L. 112–239, § 1804(g)(1)(A), substituted
‘‘In this section:’’ for ‘‘In this section, the term—’’ in
introductory provisions.
Pub. L. 112–239, § 1804(d)(1), redesignated subsec. (h) as
(i). Former subsec. (i) redesignated (j).
Subsec. (i)(1). Pub. L. 112–239, § 1804(g)(1)(B), inserted
‘‘The term’’ before ‘‘ ‘firefighter’ has’’ and substituted
period for ‘‘; and’’.
Subsec. (i)(2). Pub. L. 112–239, § 1804(g)(1)(C), (D), added
par. (2) and struck out former par. (2) which read as follows: ‘‘ ‘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.’’
Subsec. (j). Pub. L. 112–239, § 1804(h)(2), (3), designated
existing provisions as par. (1), inserted heading, redesignated former pars. (1) to (9) as subpars. (A) to (I), respectively, of par. (1), redesignated subpars. (A) and (B)
of former par. (9) as cls. (i) and (ii) of subpar. (I), and
added pars. (2) and (3).
Pub. L. 112–239, § 1804(d)(1), redesignated subsec. (i) as
(j).
Subsec. (j)(8), (9). Pub. L. 112–239, § 1804(h)(1), as
amended by Pub. L. 113–66, § 1091(b)(9)(A), added pars. (8)
and (9).
Subsec. (k). Pub. L. 112–239, § 1804(k), added subsec.
(k).
EFFECTIVE DATE OF 2013 AMENDMENT
Pub. L. 113–66, div. A, title X, § 1091(b), Dec. 26, 2013,
127 Stat. 876, provided in part that the amendment

Page 1695

§ 2233

TITLE 15—COMMERCE AND TRADE

made by section 1091(b)(9) is effective as of Jan. 2, 2013,
and as if included in Pub. L. 112–239 as enacted.

§ 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.)
§ 2232. Burn research
(a) Office
The Administrator of the Federal Emergency
Management Agency shall establish an office in
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.
(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.)
CODIFICATION
Section was enacted as part of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year
2001, and not as part of the Federal Fire Prevention and
Control Act of 1974 which comprises this chapter.
CHANGE OF NAME
‘‘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

§ 2234

TITLE 15—COMMERCE AND TRADE

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

Page 1696

(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.)
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