15 U.S.C. § 2204 — United States Fire Administration

Page 1785 TITLE 15—COMMERCE AND TRADE § 2204 Par. (5). Pub. L. 112–239, § 1802(a)(3), inserted ‘‘Indian tribe,’’ after ‘‘county,’’ and substituted ‘‘and ‘fire con- trol’ ’’ 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). 2008—Par. (3). Pub. L. 110–376, § 10(1), substituted ‘‘Ad- ministration, within the Federal Emergency Manage- ment 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 Pre- vention and Control Administration’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents TRANSFER OF FUNCTIONS Functions of National Fire Prevention and Control Administration [now United States Fire Administra- tion] 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. § 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 Administra- tion the Administrator of the United States Fire Administration. The Administrator shall be ap- pointed by the President and shall be com- pensated 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 Ad- ministrator, who shall— (1) perform such functions as the Adminis- trator shall from time to time assign or dele- gate; and (2) act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Adminis- trator. (Pub. L. 93–498, § 5, Oct. 29, 1974, 88 Stat. 1536; Pub. L. 95–422, § 2(a)(1), Oct. 5, 1978, 92 Stat. 932; Pub. L. 106–503, title I, § 110(a)(2)(B)(i), Nov. 13, 2000, 114 Stat. 2302; 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.) Editorial Notes AMENDMENTS 2013—Subsec. (b). Pub. L. 112–239, § 1802(b)(1), sub- stituted ‘‘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 Admin- istrator 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 dur- ing 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 ‘‘Direc- tor’’ for ‘‘Secretary’’. 1978—Subsecs. (a) to (c). Pub. L. 95–422 substituted ‘‘United States Fire Administration’’ for ‘‘National Fire Prevention and Control Administration’’. Statutory Notes and Related Subsidiaries 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, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- Page 1786 TITLE 15—COMMERCE AND TRADE § 2205 ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. 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 Ad- ministration, 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, pro- vided that: ‘‘(a) IN GENERAL.—Not later than 60 days before the termination or transfer to a private sector person or entity of any significant function of the United States Fire Administration, as described in subsection (b), the Administrator of the United States Fire Administra- tion shall transmit to Congress a report providing no- tice 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 signifi- cant 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 appro- priations to the Administration; or ‘‘(2) involves the termination of more than 5 per- cent of the employees of the Administration.’’ NOTICE OF REPROGRAMMING OR REORGANIZATION Pub. L. 105–108, § 5, Nov. 20, 1997, 111 Stat. 2265, pro- vided 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 appro- priated 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 reprogram- ming 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 Com- merce, Science, and Transportation of the Senate and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representa- tives. ‘‘(c) NOTICE OF REORGANIZATION.—Not later than 15 days before any major reorganization of any program, project, or activity of the United States Fire Adminis- tration, 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.’’ Executive Documents TRANSFER OF FUNCTIONS Functions of National Fire Prevention and Control Administration [now United States Fire Administra- tion] 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. § 2205. Public education The Administrator is authorized to take such steps as the Administrator considers appro- priate to educate the public and overcome public indifference as to fire, fire prevention, and indi- vidual preparedness. Such steps may include, but are not limited to, publications, audiovisual presentations, and demonstrations. Such public education efforts shall include programs to pro- vide 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 deter- mine 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.) Editorial Notes 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 overcome public indifference as to fire and fire preven- tion.’’ Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents TRANSFER OF FUNCTIONS Functions of National Fire Prevention and Control Administration [now United States Fire Administra- tion] 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 Acad- emy for Fire Prevention and Control. The pur- pose of the Academy shall be to advance the pro- fessional development of fire service personnel and of other persons engaged in fire prevention and control activities.