15 U.S.C. § 2201 — Congressional findings

Page 1778 TITLE 15—COMMERCE AND TRADE § 2106 (Pub. L. 93–167, § 6, Nov. 29, 1973, 87 Stat. 687.) Statutory Notes and Related Subsidiaries 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, stick- er, 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 ex- change or has been used to commemorate a person or event. Such term includes coins, to- kens, paper money, and commemorative med- als. (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 Fed- eral Trade Commission. (7) The term ‘‘United States’’ means the States, the District of Columbia, and the Com- monwealth of Puerto Rico. (8) The term ‘‘collectibles certification serv- ice’’ 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.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in par. (5), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, 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 Ta- bles. 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). Statutory Notes and Related Subsidiaries 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. Congressional findings. 2202. Declaration of purpose. 2203. Definitions. 2204. United States Fire Administration. 2205. Public education. 2206. 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 Com- mission. 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 ac- commodation. 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 re- sponse. 2230. Surplus and excess Federal equipment. 2231. Cooperative agreements with Federal facili- ties. 2232. Burn research. 2233. Removal of civil liability barriers that dis- courage the donation of fire equipment to volunteer fire companies. 2234. Encouraging adoption of standards for fire- fighter health and safety. 2235. Investigation authorities. § 2201. Congressional findings The Congress finds that— (1) The National Commission on Fire Pre- vention 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 Page 1779 TITLE 15—COMMERCE AND TRADE § 2201 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 dimen- sions. Fire kills 12,000 and scars and injures 300,000 Americans each year, including 50,000 individuals who require extended hospitaliza- tion. Almost $3 billion worth of property is de- stroyed annually by fire, and the total eco- nomic cost of destructive fire in the United States is estimated conservatively to be $11,000,000,000 per year. Firefighting is the Na- tion’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 signifi- cant reduction in fire losses is to be achieved. (6) The fire service and the civil defense pro- gram in each locality would both benefit from closer cooperation. (7) The Nation’s fire problem is exacerbated by (A) the indifference with which some Amer- icans confront the subject; (B) the Nation’s failure to undertake enough research and de- velopment into fire and fire-related problems; (C) the scarcity of reliable data and informa- tion; (D) the fact that designers and pur- chasers of buildings and products generally give insufficient attention to fire safety; (E) the fact that many communities lack ade- quate 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 im- proving 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 re- search and action priorities. (10) The number of specialized medical cen- ters which are properly equipped and staffed for the treatment of burns and the rehabilita- tion of victims of fires is inadequate. (11) The unacceptably high rates of death, injury, and property loss from fire can be re- duced if the Federal Government establishes a coordinated program to support and reinforce the fire prevention and control activities of State and local governments. (Pub. L. 93–498, § 2, Oct. 29, 1974, 88 Stat. 1535.) Editorial Notes REFERENCES IN TEXT The National Commission on Fire Prevention and Control, established pursuant to Public Law 90–259, re- ferred to in par. (1), refers to the Commission estab- lished 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 Commis- sion has expired pursuant to sections 203(c) and 207 of Pub. L. 90–259. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–67, div. A, § 1, July 9, 2024, 138 Stat. 1447, provided that: ‘‘This division [amending sections 2216, 2229, and 2229a of this title] may be cited as the ‘Fire Grants and Safety Act of 2023’.’’ SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–246, § 1, Dec. 20, 2022, 136 Stat. 2345, pro- vided that: ‘‘This Act [enacting section 2235 of this title] may be cited as the ‘Empowering the U.S. Fire Administration Act’.’’ 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 Re- authorization 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 provi- sions set out as a note under this section] may be cited as the ‘United States Fire Administration Reauthoriza- tion 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 ‘Assist- ance 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 Ob- servances, 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, sec- tions 151302 to 151304 and 151307 of Title 36, Patriotic and National Observances, Ceremonies, and Organiza- tions, and section 290a of Title 42, The Public Health Page 1780 TITLE 15—COMMERCE AND TRADE § 2201 and Welfare, and repealing sections 2222 and 2223 of this title] may be cited as the ‘Fire Administration Author- ization Act of 2000’.’’ SHORT TITLE OF 1997 AMENDMENT Pub. L. 105–108, § 1, Nov. 20, 1997, 111 Stat. 2264, pro- vided 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 Au- thorization 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 sec- tion and section 2216 of this title] may be cited as the ‘Arson Prevention Act of 1994’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–391, § 1, Sept. 25, 1990, 104 Stat. 747, pro- vided that: ‘‘This Act [enacting sections 2224, 2225, 2225a and 2226 of this title and section 5707a of Title 5, Gov- ernment Organization and Employees, amending sec- tion 2203 of this title and sections 5701 and 5707 of Title 5, and enacting provisions set out as notes under this section and sections 5707 and 5707a of Title 5] may be cited as the ‘Hotel and Motel Fire Safety Act of 1990’.’’ SHORT TITLE 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 Pre- vention 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 con- duct a study in conjunction with the National Fire Pro- tection 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 serv- ice 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 re- sponsible for approximately 25 percent of all fires in the United States; ‘‘(2) arson is a leading cause of fire deaths, account- ing for approximately 700 deaths annually in the United States, and is the leading cause of property damage due to fire in the United States; ‘‘(3) estimates of arson property losses are in the range of $2,000,000,000 annually, or approximately 1 of every 4 dollars lost to fire; ‘‘(4) the incidence of arson in the United States is seriously underreported, in part because of the lack of adequate participation by local jurisdictions in the National Fire Incident Reporting System (NFIRS) and the Uniform Crime Reporting (UCR) program; ‘‘(5) there is a need for expanded training programs for arson investigators; ‘‘(6) there is a need for improved programs designed to enable volunteer firefighters to detect arson crimes and to preserve evidence vital to the inves- tigation and prosecution of arson cases; ‘‘(7) according to the National Fire Protection As- sociation, 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 in- creased and more effective prosecution of arson of- fenses.’’ CONGRESSIONAL FINDINGS AND PURPOSE Pub. L. 110–376, § 2, Oct. 8, 2008, 122 Stat. 4056, provided that: ‘‘Congress makes the following findings: ‘‘(1) The number of lives lost each year because of fire has dropped significantly over the last 25 years in the United States. However, the United States still has one of the highest fire death rates in the industri- alized world. In 2006, the National Fire Protection As- sociation reported 3,245 civilian fire deaths, 16,400 ci- vilian 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 Administra- tion 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 na- tional voluntary consensus standards that increase firefighter safety. ‘‘(4) The United States Fire Administration pro- vides crucial support to the 30,300 fire departments of the United States through training, emergency inci- dent data collection, fire awareness and education, and support of research and development activities for fire prevention, control, and suppression tech- nologies. ‘‘(5) The collection of data on fire and other emer- gency incidents is a vital tool both for policy makers and emergency responders to identify and develop re- sponses to emerging hazards. Improving the data col- lection capabilities of the United States Fire Admin- istration is essential for accurately tracking and re- sponding 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 govern- ment 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 com- munity in preparing for and responding to national [probably should be ‘‘natural’’] and man-made disas- ters, the United States Fire Administration should have a prominent place within the Federal Emer- gency Management Agency and the Department of Homeland Security.’’ Pub. L. 101–391, § 2, Sept. 25, 1990, 104 Stat. 747, pro- vided 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, auto- matic sprinklers and smoke detectors provide the most effective safeguards against the loss of life and property from fire; Page 1781 TITLE 15—COMMERCE AND TRADE § 2201 ‘‘(3) automatic sprinklers and smoke detectors should supplement and not supplant other fire protec- tion 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 Gov- ernment 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.’’ WAIVER OF FEDERAL LIABILITY Pub. L. 101–391, § 7, Sept. 25, 1990, 104 Stat. 752, pro- vided 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 be- cause an officer or employee of the Federal Govern- ment 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, pro- vided that: ‘‘Nothing in this Act [see Short Title of 1990 Amendment note above] shall be construed to encour- age model building code organizations, or State or local governments, to reduce requirements for fire re- sistive walls or other safety features.’’ Executive Documents REORGANIZATION PLAN NO. 3 OF 1978 43 F.R. 41943, 92 Stat. 3788 Prepared by the President and transmitted to the Sen- ate and the House of Representatives in Congress as- sembled, 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 estab- lishment in the Executive Branch, the Federal Emer- gency 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 com- pensated at the rate now or hereafter prescribed by law for level IV of the Executive Schedule [5 U.S.C. 5315]. The Deputy Director shall perform such functions as the Director may from time to time prescribe and shall act as Director during the absence or disability of the Director or in the event of a vacancy in the Office of the Director. SEC. 104. ASSOCIATE DIRECTORS There shall be within the Agency not more than four Associate Directors, who shall be appointed by the President, by and with the advice and consent of the Senate, two of whom shall be compensated at the rate now or hereafter prescribed by law for level IV of the Executive Schedule [5 U.S.C. 5315], one of whom shall be compensated at the rate now or hereafter prescribed by law for level V of the Executive Schedule [5 U.S.C. 5316] and one of whom shall be compensated at the rate now or hereafter prescribed by law for GS–18 of the General Schedule [set out under 5 U.S.C. 5332]. The As- sociate Directors shall perform such functions as the Director may from time to time prescribe. SEC. 105. REGIONAL DIRECTORS There shall be within the Agency ten regional direc- tors who shall be appointed by the Director in the ex- cepted service and shall be compensated at the rate now or hereafter prescribed by law for GS–16 of the General Schedule [set out under 5 U.S.C. 5332]. SEC. 106. PERFORMANCE OF FUNCTIONS The Director may establish bureaus, offices, divi- sions, and other units within the Agency. The Director may from time to time make provision for the perform- ance of any function of the Director by any officer, em- ployee, or unit of the Agency. PART II. TRANSFER OF FUNCTIONS SEC. 201. FIRE PREVENTION There are hereby transferred to the Director all func- tions vested in the Secretary of Commerce, the Admin- istrator and Deputy Administrator of the National Fire Prevention and Control Administration, and the Super- intendent of the National Academy for Fire Prevention and Control pursuant to the Federal Fire Prevention and Control Act of 1974, as amended, (15 U.S.C. 2201 through 2219); exclusive of the functions set forth at Sections 18 and 23 of the Federal Fire Prevention and Control Act (15 U.S.C. 278(f) and 1511). SEC. 202. FLOOD AND OTHER MATTERS There are hereby transferred to the Director all func- tions vested in the Secretary of Housing and Urban De- velopment pursuant to the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protec- tion Act of 1973, as amended, (42 U.S.C. 2414 and 42 U.S.C. 4001 through 4128), and Section 1 of the National Insurance Development Act of 1975, as amended, (89 Stat. 68) [set out as a note under 12 U.S.C. 1749bbb]. SEC. 203. EMERGENCY BROADCAST SYSTEM There are hereby transferred to the Director all func- tions 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 Adminis- tration 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 (estab- lished by 15 U.S.C. 2204(c)) is hereby abolished. SEC. 302. INCIDENTAL TRANSFERS So much of the personnel, property, records, and un- expended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions trans- ferred 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 Man- Page 1782 TITLE 15—COMMERCE AND TRADE § 2201 agement and Budget shall provide, except that no such unexpended balances transferred shall be used for pur- poses other than those for which the appropriation was originally made. The Director of the Office of Manage- ment and Budget shall provide for terminating the af- fairs of any agencies abolished herein and for such fur- ther measures and dispositions as such Director deems necessary to effectuate the purposes of this Reorganiza- tion Plan. SEC. 303. INTERIM OFFICERS The President may authorize any persons who, imme- diately prior to the effective date of this Plan, held po- sitions in the Executive Branch to which they were ap- pointed by and with the advice and consent of the Sen- ate, to act as Director, Deputy Director, and Associate Directors of the Agency, until those offices are for the first time filled pursuant to the provisions of this Reor- ganization 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 be- come 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 manage- ment and assistance. By consolidating emergency pre- paredness, 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 di- rectly accountable to the President and Congress. This will reduce pressures for increased costs to serve simi- lar 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 Di- rector shall report directly to the President. The Na- tional 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 as- signed 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 De- partment of Housing and Urban Development. I will also transfer all Presidential authorities and functions now delegated to the Federal Preparedness Agency in the General Services Administration, includ- ing the establishment of policy for the national stock- pile. The stockpile disposal function, which is stat- utorily assigned to the General Services Administra- tion, would remain there. Once these steps have been taken by Executive Order, these three agencies would be abolished. Several additional transfers of emergency prepared- ness and mitigation functions would complete the con- solidation. 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-re- lated emergencies, including floods, hurricanes, and tornadoes. Coordination of natural and nuclear disaster warn- ing systems. Coordination of preparedness and planning to re- duce the consequences of major terrorist incidents. This would not alter the present responsibility of the executive branch for reacting to the incidents them- selves. 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 in- crease White House oversight and involvement still fur- ther, I shall establish by Executive Order an Emer- gency 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 Di- rector, Office of Management and Budget. It will advise the President on ways to meet national civil emer- gencies. It will also oversee and provide guidance on the management of all Federal emergency authorities, advising the President on alternative approaches to im- prove 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 re- sources 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 pub- lic 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 organiza- tions and programs of State and local government, pri- vate 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 impor- tant role in our Nation’s overall strategic policy. Ac- cordingly, to maintain a link between our strategic nu- clear 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, Page 1783 TITLE 15—COMMERCE AND TRADE § 2202 technical support, research, communications, intel- ligence and emergency operations. Third, whenever possible, emergency responsibilities should be extensions of the regular missions of Federal agencies. The primary task of the Federal Emergency Management Agency will be to coordinate and plan for the emergency deployment of resources that have other routine uses. There is no need to develop a separate set of Federal skills and capabilities for those rare occa- sions when catastrophe occurs. Fourth, Federal hazard mitigation activities should be closely linked with emergency preparedness and response functions. This reorganization would permit more ra- tional decisions on the relative costs and benefits of al- ternative approaches to disasters by making the Fed- eral Emergency Management Agency the focal point of all Federal hazard mitigation activities and by com- bining these with the key Federal preparedness and re- sponse functions. The affected hazard mitigation activities include the Federal Insurance Administration which seeks to re- duce flood losses by assisting states and local govern- ments 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 func- tions 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 Govern- ment 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 au- thorized by law. The provisions in the plan for the ap- pointment 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 signifi- cant changes in program expenditures for those au- thorities to be transferred. However, cost savings of be- tween $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 in- volved in this plan are vitally important to the secu- rity 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, pro- vided: 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 Reorga- nization Plan, provide for all the appropriate transfers, including those transfers related to all the functions transferred from the Department of Commerce, the De- partment of Housing and Urban Development, and the President. 1–103. (a) The functions transferred from the Depart- ment of Commerce are those vested in the Secretary of Commerce, the Administrator and Deputy Adminis- trator of the National Fire Prevention and Control Ad- ministration (now the United States Fire Administra- tion (Sec. 2(a) of Public Law 95–422)), and the Super- intendent of the National Academy for Fire Prevention and Control pursuant to the Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et seq.) [this chapter] but not including any functions vested by the amendments made to other acts by Sec- tions 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 Pub- lic Law 95–422 (15 U.S.C. 2220 and 2221), are not trans- ferred to the Director of the Federal Emergency Man- agement 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 Sec- retary of Commerce by Section 5B of Reorganization Plan No. 1 of 1977 (42 FR 56101; implemented by Execu- tive 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, Tele- communications]. (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 pur- suant to Section 15(e) of the Federal Flood Insurance Act of 1956, as amended (42 U.S.C. 2414(e)), and the Na- tional 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 Sec- tion 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 di- rectly 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 In- surance Development Act of 1975 (Section 1 of Public Law 94–13 [formerly] at 12 U.S.C. 1749bbb note)). (Sec- tion 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; imple- mented 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 re- search, training, and education, and to encour- age new and improved programs and activities by State and local governments; (3) establish the United States Fire Adminis- tration and the Fire Research Center within the Department of Commerce; and (4) establish an intensified program of re- search 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.)