US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 2201. —  Congressional findings.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 15USC2201]

 
                      TITLE 15--COMMERCE AND TRADE
 
                 CHAPTER 49--FIRE PREVENTION AND CONTROL
 
Sec. 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 the fire prevention 
    and control activities of State and local governments.

(Pub. L. 93-498, Sec. 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, Secs. 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 2000 Amendment

    Pub. L. 106-503, title I, Sec. 101, Nov. 13, 2000, 114 Stat. 2298, 
provided that: ``This title [enacting sections 2230 and 2231 of this 
title, amending sections 1511, 2203, 2204, 2206, 2209, 2210, 2214 to 
2218 and 2220 of this title, sections 151302 to 151304 and 151307 of 
Title 36, Patriotic and National Observances, Ceremonies, and 
Organizations, and section 290a of Title 42, The Public Health and 
Welfare, and repealing sections 2222 and 2223 of this title] may be 
cited as the `Fire Administration Authorization Act of 2000'.''


                      Short Title of 1997 Amendment

    Pub. L. 105-108, Sec. 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, Sec. 1, May 19, 1994, 108 Stat. 679, provided that: 
``This Act [enacting sections 2221 and 2228 of this title, amending 
sections 2216, 2220, and 2227 of this title, and enacting provisions set 
out as notes under this section and section 2216 of this title] may be 
cited as the `Arson Prevention Act of 1994'.''


                      Short Title of 1990 Amendment

    Pub. L. 101-391, Sec. 1, Sept. 25, 1990, 104 Stat. 747, provided 
that: ``This Act [enacting sections 2224, 2225, 2225a and 2226 of this 
title and section 5707a of Title 5, Government Organization and 
Employees, amending section 2203 of this title and sections 5701 and 
5707 of Title 5, and enacting provisions set out as notes under this 
section and sections 5707 and 5707a of Title 5] may be cited as the 
`Hotel and Motel Fire Safety Act of 1990'.''


                               Short Title

    Section 1 of Pub. L. 93-498 provided: ``That this Act [enacting this 
chapter and section 290a of Title 42, The Public Health and Welfare, 
amending sections 278f and 1511 of this title, and repealing section 
278g of this title] may be cited as the `Federal Fire Prevention and 
Control Act of 1974'.''


 Study on Need for Federal Assistance to State and Local Communities To 
           Fund Firefighting and Emergency Response Activities

    Pub. L. 106-398, Sec. 1 [[div. A], title XVII, Sec. 1701(b)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-363, provided that:
    ``(1) Requirement for study.--The Director of the Federal Emergency 
Management Agency shall conduct a study in conjunction with the National 
Fire Protection Association to--
        ``(A) define the current role and activities associated with the 
    fire services;
        ``(B) determine the adequacy of current levels of funding; and
        ``(C) provide a needs assessment to identify shortfalls.
    ``(2) Time for completion of study; report.--The Director shall 
complete the study under paragraph (1), and submit a report on the 
results of the study to Congress, within 18 months after the date of the 
enactment of this Act [Oct. 30, 2000].
    ``(3) Authorization of appropriations.--There are authorized to be 
appropriated to the Federal Emergency Management Agency $300,000 for 
fiscal year 2001 to carry out the study required by paragraph (1).''


            Local Firefighter and Emergency Services Training

    Pub. L. 104-132, title VIII, Sec. 819, Apr. 24, 1996, 110 Stat. 
1316, provided that:
    ``(a) Grant Authorization.--The Attorney General, in consultation 
with the Director 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.''
    [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 sections 313(1), 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.]


          Arson Prevention and Control; Congressional Findings

    Pub. L. 103-254, Sec. 2, May 19, 1994, 108 Stat. 679, provided that: 
``Congress finds that--
        ``(1) arson is a serious and costly problem, and is responsible 
    for approximately 25 percent of all fires in the United States;
        ``(2) arson is a leading cause of fire deaths, accounting for 
    approximately 700 deaths annually in the United States, and is the 
    leading cause of property damage due to fire in the United States;
        ``(3) estimates of arson property losses are in the range of 
    $2,000,000,000 annually, or approximately 1 of every 4 dollars lost 
    to fire;
        ``(4) the incidence of arson in the United States is seriously 
    underreported, in part because of the lack of adequate participation 
    by local jurisdictions in the National Fire Incident Reporting 
    System (NFIRS) and the Uniform Crime Reporting (UCR) program;
        ``(5) there is a need for expanded training programs for arson 
    investigators;
        ``(6) there is a need for improved programs designed to enable 
    volunteer firefighters to detect arson crimes and to preserve 
    evidence vital to the investigation and prosecution of arson cases;
        ``(7) according to the National Fire Protection Association, of 
    all the suspicious and incendiary fires estimated to occur, only \1/
    3\ are confirmed as arson; and
        ``(8) improved training of arson investigators will increase the 
    ability of fire departments to identify suspicious and incendiary 
    fires, and will result in increased and more effective prosecution 
    of arson offenses.''


                   Congressional Findings and Purpose

    Pub. L. 101-391, Sec. 2, Sept. 25, 1990, 104 Stat. 747, provided 
that:
    ``(a) Findings.--Congress finds that--
        ``(1) more than 400 Americans have lost their lives in 
    multistory hotel fires over the last 5 years;
        ``(2) when properly installed and maintained, automatic 
    sprinklers and smoke detectors provide the most effective safeguards 
    against the loss of life and property from fire;
        ``(3) automatic sprinklers and smoke detectors should supplement 
    and not supplant other fire protection measures, including existing 
    requirements for fire resistive walls and fire retardant 
    furnishings;
        ``(4) some State and local governments and the hotel industry 
    need to act more rapidly to require the installation and use of 
    automatic sprinkler systems in hotels; and
        ``(5) through the United States Fire Administration and the 
    Center for Fire Research, the Federal Government has helped to 
    develop and promote the use of 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, Sec. 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, Sec. 8, Sept. 25, 1990, 104 Stat. 752, provided 
that: ``Nothing in this Act [see Short Title of 1990 Amendment note 
above] shall be construed to encourage model building code 
organizations, or State or local governments, to reduce requirements for 
fire resistive walls or other safety features.''

                REORGANIZATION PLAN NO. 3 OF 1978

                  43 F.R. 41943, 92 Stat. 3788

Prepared by the President and transmitted to the Senate and the House of 
    Representatives in Congress assembled, June 19, 1978, pursuant to 
    the provisions of Chapter 9 of Title 5 of the United States Code.

           PART I. FEDERAL EMERGENCY MANAGEMENT AGENCY


   Sec. 101. Establishment of the Federal Emergency Management Agency

    There is hereby established as an independent establishment in the 
Executive Branch, the Federal Emergency Management Agency (the 
``Agency'').


                         Sec. 102. The Director

    The Agency shall be headed by a Director, who shall be appointed by 
the President, by and with the advice and consent of the Senate, and 
shall be compensated at the rate now or hereafter prescribed by law for 
level II of the Executive Schedule [5 U.S.C. 5313].


                      Sec. 103. The Deputy Director

    There shall be within the Agency a Deputy Director, who shall be 
appointed by the President, by and with the advice and consent of the 
Senate, and shall be compensated at the rate now or hereafter prescribed 
by law for level IV of the Executive Schedule [5 U.S.C. 5315]. The 
Deputy Director shall perform such functions as the Director may from 
time to time prescribe and shall act as Director during the absence or 
disability of the Director or in the event of a vacancy in the Office of 
the Director.


                      Sec. 104. Associate Directors

    There shall be within the Agency not more than four Associate 
Directors, who shall be appointed by the President, by and with the 
advice and consent of the Senate, two of whom shall be compensated at 
the rate now or hereafter prescribed by law for level IV of the 
Executive Schedule [5 U.S.C. 5315], one of whom shall be compensated at 
the rate now or hereafter prescribed by law for level V of the Executive 
Schedule [5 U.S.C. 5316] and one of whom shall be compensated at the 
rate now or hereafter prescribed by law for GS-18 of the General 
Schedule [set out under 5 U.S.C. 5332]. The Associate Directors shall 
perform such functions as the Director may from time to time prescribe.


                      Sec. 105. Regional Directors

    There shall be within the Agency ten regional directors who shall be 
appointed by the Director in the 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

    The Director may establish bureaus, offices, divisions, and other 
units within the Agency. The Director may from time to time make 
provision for the performance of any function of the Director by any 
officer, employee, or unit of the Agency.

                 PART II. TRANSFER OF FUNCTIONS


                        Sec. 201. Fire Prevention

    There are hereby transferred to the Director all functions vested in 
the Secretary of Commerce, the Administrator and Deputy Administrator of 
the National Fire Prevention and Control Administration, and the 
Superintendent of the National Academy for Fire Prevention and Control 
pursuant to the Federal Fire Prevention and Control Act of 1974, as 
amended, (15 U.S.C. 2201 through 2219); exclusive of the functions set 
forth at Sections 18 and 23 of the Federal Fire Prevention and Control 
Act (15 U.S.C. 278(f) and 1511).


                    Sec. 202. Flood and Other Matters

    There are hereby transferred to the Director all functions vested in 
the Secretary of Housing and Urban Development pursuant to the National 
Flood Insurance Act of 1968, as amended, and the Flood Disaster 
Protection Act of 1973, as amended, (42 U.S.C. 2414 and 42 U.S.C. 4001 
through 4128), and Section 1 of the National Insurance Development Act 
of 1975, as amended, (89 Stat. 68) [set out as a note under 12 U.S.C. 
1749bbb].


                  Sec. 203. Emergency Broadcast System

    There are hereby transferred to the Director all functions 
concerning the Emergency Broadcast System, which were transferred to the 
President and all such functions transferred to the Secretary of 
Commerce, by Reorganization Plan Number 1 [set out in the Appendix to 
Title 5, Government Organization and Employees].

                  PART III. GENERAL PROVISIONS


       Sec. 301. Transfer and Abolishment of Agencies and Officers

    The National Fire Prevention and Control Administration and the 
National Academy for Fire Prevention and Control and the positions of 
Administrator of said Administration and Superintendent of said Academy 
are hereby transferred to the Agency. The position of Deputy 
Administrator of said Administration (established by 15 U.S.C. 2204(c)) 
is hereby abolished.


                     Sec. 302. Incidental Transfers

    So much of the personnel, property, records, and unexpended balances 
of appropriations, allocations and other funds employed, used, held, 
available, or to be made available in connection with the functions 
transferred under this Plan, as the Director of the Office of Management 
and Budget shall determine, shall be transferred to the appropriate 
agency, or component at such time or times as the Director of the Office 
of Management and Budget shall provide, except that no such unexpended 
balances transferred shall be used for purposes other than those for 
which the appropriation was originally made. The Director of the Office 
of Management and Budget shall provide for terminating the affairs of 
any agencies abolished herein and for such further measures and 
dispositions as such Director deems necessary to effectuate the purposes 
of this Reorganization Plan.


                       Sec. 303. Interim Officers

    The President may authorize any persons who, immediately prior to 
the effective date of this Plan, held positions in the Executive Branch 
to which they were appointed by and with the advice and consent of the 
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.
    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 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 and Control pursuant to the Federal Fire Prevention and 
Control Act of 1974, as amended (15 U.S.C. 2201 et seq.) [this chapter] 
but not including any functions vested by the amendments made to other 
acts by Sections 18 and 23 of that Act (15 U.S.C. 278f and 1511). The 
functions vested in the Administrator by Sections 24 and 25 of that Act, 
as added by Sections 3 and 4 of Public Law 95-422 (15 U.S.C. 2220 and 
2221), are not transferred to the Director of the Federal Emergency 
Management Agency. Those functions are transferred with the 
Administrator and remain vested in him. (Section 201 of the Plan.)
    (b) There was also transferred from the Department of Commerce any 
function concerning the Emergency Broadcast System which was transferred 
to the Secretary of Commerce by Section 5B of Reorganization Plan No. 1 
of 1977 (42 FR 56101; implemented by Executive Order No. 12046 of March 
27, 1978) [set out in Title 5, Appendix, Government Organization and 
Employees; set out as a note under section 305 of Title 47, Telegraphs, 
Telephones, and Radiotelegraphs]. (Section 203 of the Plan.)
    1-104. The functions transferred from the Department of Housing and 
Urban Development are those vested in the Secretary of Housing and Urban 
Development pursuant to Section 15(e) of the Federal Flood Insurance Act 
of 1956, as amended (42 U.S.C. 2414(e)), and the National Flood 
Insurance Act of 1968, as amended [42 U.S.C. 4001 et seq.] and the Flood 
Disaster Protection Act of 1973, as amended (42 U.S.C. 4001 et seq.), 
and Section 520(b) of the National Housing Act, as amended (12 U.S.C. 
1735d(b)), to the extent necessary to borrow from the Treasury to make 
payments for reinsured and directly insured losses, and Title XII of the 
National Housing Act, as amended (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 at 12 U.S.C. 1749bbb note)). (Section 202 
of the Plan.)
    1-105. The functions transferred from the President are those 
concerning the Emergency Broadcast System which were transferred to the 
President by Section 5 of Reorganization Plan No. 1 of 1977 (42 FR 
56101; implemented by Executive Order No. 12046 of March 27, 1978) [set 
out in Title 5, Appendix, Government Organization and Employees; set out 
as a note under section 305 of Title 47, Telegraphs, Telephones, and 
Radiotelegraphs]. (Section 203 of the Plan.)
    1-106. This Order shall be effective Sunday, April 1, 1979.
                                                           Jimmy Carter.



chanrobles.com.Com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com