15 U.S.C. § 278f — Fire Research Center

Page 664 TITLE 15—COMMERCE AND TRADE § 278e Standards and Technology is authorized to accept con- tributions of funds, to remain available until expended, from any public or private source to construct a facil- ity for cold neutron research on materials, notwith- standing the limitations contained in 15 U.S.C. 278d.’’ § 278e. Functions and activities In the performance of the functions of the In- stitute the Secretary of Commerce is authorized to undertake the following activities: (a) The purchase, repair, and cleaning of uniforms for guards; (b) the care, maintenance, protection, repair, and alteration of Institute buildings and other plant facilities, equipment, and property; (c) the rental of field sites and laboratory, of- fice, and warehouse space; (d) the purchase of re- prints from technical journals or other periodi- cals and the payment of page charges for the publication of research papers and reports in such journals; (e) the furnishing of food and shelter without repayment therefor to employ- ees of the Government at Arctic and Antarctic stations; (f) for the conduct of observations on radio propagation phenomena in the Arctic or Antarctic regions, the appointment of employ- ees at base rates established by the Secretary of Commerce which shall not exceed such max- imum rates as may be specified from time to time in the appropriation concerned, and with- out regard to the civil service and classification laws and sections 5542 to 5546 of title 5; (g) the erection on leased property of specialized facili- ties and working and living quarters when the Secretary of Commerce determines that this will best serve the interests of the Government; and (h) the provision of transportation services for employees of the Institute between the fa- cilities of the Institute and nearby public trans- portation, notwithstanding section 1344 of title 31. (Mar. 3, 1901, ch. 872, § 15, as added Pub. L. 85–890, § 1, Sept. 2, 1958, 72 Stat. 1711; amended Pub. L. 92–317, § 3(e), June 22, 1972, 86 Stat. 235; Pub. L. 100–418, title V, § 5115(a)(1), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 104–113, § 8(2), Mar. 7, 1996, 110 Stat. 779.) Editorial Notes CODIFICATION ‘‘Sections 5542 to 5546 of title 5’’ substituted in text for ‘‘titles II and III of the Federal Employees Pay Act of 1945’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 1996—Pub. L. 104–113 struck out ‘‘and’’ before ‘‘(g)’’ and inserted before period at end ‘‘; and (h) the provi- sion of transportation services for employees of the In- stitute between the facilities of the Institute and near- by public transportation, notwithstanding section 1344 of title 31’’. 1988—Pub. L. 100–418 substituted ‘‘functions of the In- stitute’’ for ‘‘functions of the National Bureau of Standards’’ and ‘‘Institute buildings’’ for ‘‘Bureau buildings’’. 1972—Pub. L. 92–317 substituted, in cl. (b), ‘‘the care, maintenance, protection, repair, and alteration of Bu- reau buildings and other plant facilities, equipment, and property’’ for ‘‘the repair and alteration of build- ings and other plant facilities’’. Statutory Notes and Related Subsidiaries NIST CAMPUS SECURITY Pub. L. 114–329, title I, § 113, Jan. 6, 2017, 130 Stat. 2993, which authorized the Department of Commerce Office of Security to directly manage the law enforcement and site security programs of the National Institute of Standards and Technology (NIST) and required the Di- rector of Security for NIST to provide an activities and security report to the Under Secretary for Standards and Technology and the Committee on Commerce, Science, and Transportation of the Senate and Com- mittee on Science, Space, and Technology of the House of Representatives, was repealed by Pub. L. 117–167, div. B, title II, § 10246(c), Aug. 9, 2022, 136 Stat. 1492. § 278f. Fire Research Center (a) Establishment; programs of research; func- tions of Secretary; dissemination of informa- tion There is hereby established within the Depart- ment of Commerce a Fire Research Center which shall have the mission of performing and supporting research on all aspects of fire with the aim of providing scientific and technical knowledge applicable to the prevention and con- trol of fires. The content and priorities of the re- search program shall be determined in consulta- tion with the Administrator of the United States Fire Administration. In implementing this section, the Secretary is authorized to con- duct, directly or through contracts or grants, a fire research program, including— (1) basic and applied fire research for the purpose of arriving at an understanding of the fundamental processes underlying all aspects of fire. Such research shall include scientific investigations of— (A) the physics and chemistry of combus- tion processes; (B) the dynamics of flame ignition, flame spread, and flame extinguishment; (C) the composition of combustion prod- ucts developed by various sources and under various environmental conditions; (D) the early stages of fires in buildings and other structures, structural subsystems and structural components in all other types of fires, including, but not limited to, forest fires, brush fires, fires underground, oil blowout fires, and waterborne fires, with the aim of improving early detection capability; (E) the behavior of fires involving all types of buildings and other structures and their contents (including mobile homes and highrise buildings, construction materials, floor and wall coverings, coatings, fur- nishings, and other combustible materials), and all other types of fires, including forest fires, brush fires, fires underground, oil blowout fires, and waterborne fires; (F) the unique fire hazards arising from the transportation and use, in industrial and professional practices, of combustible gases, fluids, and materials; (G) design concepts for providing increased fire safety consistent with habitability, comfort, and human impact in buildings and other structures; (H) such other aspects of the fire process as may be deemed useful in pursuing the ob- jectives of the fire research program; and Page 665 TITLE 15—COMMERCE AND TRADE § 278f 1 See References in Text note below. (I) methods, procedures, and equipment for arson prevention, detection, and investiga- tion; (2) research into the biological, physio- logical, and psychological factors affecting human victims of fire, and the performance of individual members of fire services, includ- ing— (A) the biological and physiological effects of toxic substances encountered in fires; (B) the trauma, cardiac conditions, and other hazards resulting from exposure to fire; (C) the development of simple and reliable tests for determining the cause of death from fires; (D) improved methods of providing first aid to victims of fires; (E) psychological and motivational charac- teristics of persons who engage in arson, and the prediction and cure of such behavior; (F) the conditions of stress encountered by firefighters, the effects of such stress, and the alleviation and reduction of such condi- tions; and (G) such other biological, psychological, and physiological effects of fire as have sig- nificance for purposes of control or preven- tion of fires; and (3) operation tests, demonstration projects, and fire investigations in support of the ac- tivities set forth in this section. The Secretary shall insure that the results and advances arising from the work of the re- search program are disseminated broadly. He shall encourage the incorporation, to the extent applicable and practicable, of such results and advances in building codes, fire codes, and other relevant codes, test methods, fire service oper- ations and training, and standards. The Sec- retary is authorized to encourage and assist in the development and adoption of uniform codes, test methods, and standards aimed at reducing fire losses and costs of fire protection. (b) Authorization of appropriations For purposes of this section, there are author- ized to be appropriated an amount not to exceed $5,650,000 for the fiscal year ending September 30, 1980, which amount includes— (1) $525,000 for programs which are rec- ommended in the report submitted to the Con- gress by the Administrator of the United States Fire Administration pursuant to sec- tion 2220(b)(1) 1 of this title; and (2) $119,000 for adjustments required by law in salaries, pay, retirement, and employee benefits. (Mar. 3, 1901, ch. 872, § 16, as added Pub. L. 93–498, § 18, Oct. 29, 1974, 88 Stat. 1545; amended Pub. L. 94–411, § 1(b), Sept. 13, 1976, 90 Stat. 1254; Pub. L. 95–422, §§ 1(b), 2(b), 3(b), Oct. 5, 1978, 92 Stat. 932, 933; Pub. L. 96–121, § 3, Nov. 16, 1979, 93 Stat. 863.) Editorial Notes REFERENCES IN TEXT Section 2220(b)(1) of this title, referred to in subsec. (b)(1), was repealed by Pub. L. 106–503, title I, § 110(a)(1)(D), Nov. 13, 2000, 114 Stat. 2302. PRIOR PROVISIONS A prior section 16 of act Mar. 3, 1901, as added by act Mar. 1, 1968, Pub. L. 90–259, title I, § 102, 82 Stat. 35, re- lated to fire research and safety programs, prior to re- peal by act Oct. 29, 1974. AMENDMENTS 1979—Subsec. (b). Pub. L. 96–121 substituted provi- sions authorizing to be appropriated an amount not to exceed $5,650,000 for the fiscal year ending Sept. 30, 1980, for provisions authorizing appropriations not to exceed $1,275,000 for the transitional fiscal quarter of July 1, 1976, through Sept. 30, 1976, not to exceed $5,500,000 for the fiscal year ending Sept. 30, 1977, not to exceed $6,000,000 for the fiscal year ending Sept. 30, 1978, and not to exceed $5,600,000 for the fiscal year ending Sept. 30, 1979, and added pars. (1) and (2). 1978—Subsec. (a). Pub. L. 95–422, §§ 2(b), 3(b), in provi- sions preceding par. (1) substituted ‘‘United States Fire Administration’’ for ‘‘National Fire Prevention and Control Administration’’ and added par. (1)(I). Subsec. (b). Pub. L. 95–422, § 1(b), inserted provision authorizing appropriation of not to exceed $5,600,000 for the fiscal year ending Sept. 30, 1979. 1976—Subsec. (b). Pub. L. 94–411 substituted provi- sions authorizing to be appropriated not to exceed $1,275,000 for the transitional fiscal quarter of July 1, 1976, through Sept. 30, 1976, not to exceed $5,500,000 for the fiscal year ending Sept. 30, 1977, and not to exceed $6,000,000 for the fiscal year ending Sept. 30, 1978, for provisions authorizing to be appropriated not to exceed $3,500,000 for the fiscal year ending June 30, 1975, and not to exceed $4,000,000 for the fiscal year ending June 30, 1976. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COUNCILS Advisory councils in existence on Jan. 5, 1973, to ter- minate not later than the expiration of the 2-year pe- riod following Jan. 5, 1973, unless, in the case of a coun- cil established by the President or an officer of the Federal Government, such council is renewed by appro- priate action prior to the expiration of such 2-year pe- riod, or in the case of a council established by the Con- gress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organi- zation and Employees. COMBINATION OF FIRE RESEARCH AND BUILDING TECHNOLOGY PROGRAMS Pub. L. 102–245, title I, § 104(g), Feb. 14, 1992, 106 Stat. 11, provided that: ‘‘The fire research and building tech- nology programs of the Institute may be combined for administrative purposes only, and separate budget ac- counts for fire research and building technology shall be maintained. No later than December 31, 1992, the Secretary, acting through the Director of the Institute, shall report to Congress on the results of the combina- tion, on efforts to preserve the integrity of the fire re- search and building technology programs, on the long- range basic and applied research plans of the two pro- grams, on procedures for receiving advice on fire and earthquake research priorities from constituencies con- cerned with public safety, and on the relation between the combined program at the Institute and the United States Fire Administration.’’ NATIONAL COMMISSION ON FIRE PREVENTION AND CONTROL Pub. L. 90–259, §§ 101, 103, 104, and 201–207, established the National Commission on Fire Prevention and Con- trol, directed the commission to study and investigate measures to reduce the destructive effects of fire throughout the country, and provided that the commis- sion cease to exist thirty days after the submission of its report which was to be made no later than two years after the commission had been organized. Page 666 TITLE 15—COMMERCE AND TRADE § 278g Executive Documents EXECUTIVE ORDER NO. 11654 Ex. Ord. No. 11654, Mar. 13, 1972, 37 F.R. 5361, which es- tablished in the Department of Commerce the Federal Fire Council and provided for its membership, func- tions, etc., was revoked by Ex. Ord. No. 12379, § 19, Aug. 17, 1982, 47 F.R. 36100, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees. § 278g. International activities (a) Financial assistance to foreign nationals The Secretary is authorized, notwithstanding any other provision of law, to expend such sums, within the limit of appropriated funds, as the Secretary may determine desirable through di- rect support for activities of international orga- nizations and foreign national metrology insti- tutes with which the Institute cooperates to ad- vance measurement methods, technical stand- ards, and related basic technologies, for official representation, to host official receptions, din- ners, and similar events, and to otherwise ex- tend official courtesies, including transpor- tation of foreign dignitaries and representatives of foreign national metrology institutes to and from the Institute, for the purpose of maintain- ing the standing and prestige of the Department of Commerce and the Institute, through the grant of fellowships or other appropriate form of financial or logistical assistance or support to foreign nationals not in service to the Govern- ment of the United States while they are per- forming scientific or engineering work at the In- stitute or participating in the exchange of sci- entific or technical information at the Institute. (b) Foreign assistance and compensation to Insti- tute employees The Congress consents to the acceptance by employees of the Institute of fellowships, lectureships, or other positions for the perform- ance of scientific or engineering activities or for the exchange of scientific or technical informa- tion, offered by a foreign government, and to the acceptance and retention by an employee of the Institute of any form of financial or other as- sistance provided by a foreign government as compensation for or as a means of defraying ex- penses associated with the performance of sci- entific or engineering activities or the exchange of scientific or technical information, in any case where the acceptance of such fellowship, lectureship, or position or the acceptance and retention of such assistance is determined by the Secretary to be appropriate and consistent with the interests of the United States. For the purposes of this subsection, the definitions ap- pearing in section 7342(a) of title 5 apply. Civil actions may be brought and penalties assessed against any employee who knowingly accepts and retains assistance from a foreign govern- ment not consented to by this subsection in the same manner as is prescribed by section 7342(h) of title 5. (c) Prohibition on use of appropriations inappli- cable Provisions of law prohibiting the use of any part of any appropriation for the payment of compensation to any employee or officer of the Government of the United States who is not a citizen of the United States shall not apply to the payment of compensation to scientific or en- gineering personnel of the Institute. (d) Recruitment and employment of resident aliens For any scientific and engineering disciplines for which there is a shortage of suitably quali- fied and available United States citizens and na- tionals, the Secretary is authorized to recruit and employ in scientific and engineering fields at the Institute foreign nationals who have been lawfully admitted to the United States for per- manent residence under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] and who intend to become United States citizens. Em- ployment of a person under this paragraph shall not be subject to the provisions of title 5 gov- erning employment in the competitive service, or to any prohibition in any other Act against the employment of aliens, or against the pay- ment of compensation to them. (Mar. 3, 1901, ch. 872, § 17, as added Pub. L. 96–461, § 9, Oct. 15, 1980, 94 Stat. 2051; amended Pub. L. 100–418, title V, § 5115(a)(1), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102–245, title I, § 104(h)(2), Feb. 14, 1992, 106 Stat. 11; Pub. L. 117–167, div. B, title II, § 10246(a)(1), Aug. 9, 2022, 136 Stat. 1491.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (d), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. PRIOR PROVISIONS A prior section 278g, act Mar. 3, 1901, ch. 872, § 17, as added Mar. 1, 1968, Pub. L. 90–259, title I, § 102, 82 Stat. 35, related to grants to States, local governments, other non-Federal public agencies, and non-profit insti- tutions, reimbursement of Federal agencies, delegation of powers, advance of public moneys, cooperation of Federal agencies, and issuance of rules and regulations, prior to repeal by Pub. L. 93–498, § 18, Oct. 29, 1974, 88 Stat. 1545. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–167 amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The Secretary is authorized, notwithstanding any other provision of law, to expend such sums, within the limit of appropriated funds, as the Secretary may deem desirable, through the grant of fellowships or any other form of financial assistance, to defray the expenses of foreign nationals not in service to the Government of the United States while they are performing scientific or engineering work at the Institute or participating in the exchange of scientific or technical information at the Institute.’’ 1992—Subsec. (d). Pub. L. 102–245 added subsec. (d). 1988—Pub. L. 100–418 substituted ‘‘Institute’’ for ‘‘Na- tional Bureau of Standards’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 96–461, § 11, Oct. 15, 1980, 94 Stat. 2052, provided that: ‘‘The effective date of sections 8 and 9 of this Act [enacting this section, amending section 278d of this title, and enacting provisions set out below] shall be October 1, 1980.’’