§ 2206. — National Academy for Fire Prevention and Control.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2206]
TITLE 15--COMMERCE AND TRADE
CHAPTER 49--FIRE PREVENTION AND CONTROL
Sec. 2206. National Academy for Fire Prevention and Control
(a) Establishment
The Director shall establish, at the earliest practicable date, a
National Academy for Fire Prevention and Control. The purpose of the
Academy shall be to advance the professional development of fire service
personnel and of other persons engaged in fire prevention and control
activities.
(b) Superintendent
The Academy shall be headed by a Superintendent, who shall be
appointed by the Director. In exercising the powers and authority
contained in this section the Superintendent shall be subject to the
direction of the Administrator.
(c) Powers of Superintendent
The Superintendent is authorized to--
(1) develop and revise curricula, standards for admission and
performance, and criteria for the awarding of degrees and
certifications;
(2) appoint such teaching staff and other personnel as he
determines to be necessary or appropriate;
(3) conduct courses and programs of training and education, as
defined in subsection (d) of this section;
(4) appoint faculty members and consultants without regard to
the provisions of title 5, governing appointments in the competitive
service, and, with respect to temporary and intermittent services,
to make appointments to the same extent as is authorized by section
3109 of title 5;
(5) establish fees and other charges for attendance at, and
subscription to, courses and programs offered by the Academy. Such
fees may be modified or waived as determined by the Superintendent;
(6) conduct short courses, seminars, workshops, conferences, and
similar education and training activities in all parts and
localities of the United States;
(7) enter into such contracts and take such other actions as may
be necessary in carrying out the purposes of the Academy; and
(8) consult with officials of the fire services and other
interested persons in the exercise of the foregoing powers.
(d) Program of the Academy
The Superintendent is authorized to--
(1) train fire service personnel in such skills and knowledge as
may be useful to advance their ability to prevent and control fires,
including, but not limited to--
(A) techniques of fire prevention, fire inspection,
firefighting, and fire and arson investigation;
(B) tactics and command of firefighting for present and
future fire chiefs and commanders;
(C) administration and management of fire services;
(D) tactical training in the specialized field of aircraft
fire control and crash rescue;
(E) tactical training in the specialized field of fire
control and rescue aboard waterborne vessels; and
(F) the training of present and future instructors in the
aforementioned subjects;
(2) develop model curricula, training programs and other
educational materials suitable for use at other educational
institutions, and to make such materials available without charge;
(3) develop and administer a program of correspondence courses
to advance the knowledge and skills of fire service personnel;
(4) develop and distribute to appropriate officials model
questions suitable for use in conducting entrance and promotional
examinations for fire service personnel; and
(5) encourage the inclusion of fire prevention and detection
technology and practices in the education and professional practice
of architects, builders, city planners, and others engaged in design
and planning affected by fire safety problems.
(e) Technical assistance
The Administrator is authorized, to the extent that he determines it
necessary to meet the needs of the Nation, to encourage new programs and
to strengthen existing programs of education and training by local fire
services, units, and departments, State and local governments, and
private institutions, by providing technical assistance and advice to--
(1) vocational training programs in techniques of fire
prevention, fire inspection, firefighting, and fire and arson
investigation;
(2) fire training courses and programs at junior colleges; and
(3) four-year degree programs in fire engineering at colleges
and universities.
(f) Assistance to State and local fire service training programs
The Administrator is authorized to provide assistance to State and
local fire service training programs through grants, contracts, or
otherwise. Such assistance shall not exceed 4 per centum of the amount
authorized to be appropriated in each fiscal year pursuant to section
2216 of this title.
(g) Site selection
The Academy shall be located on such site as the Director selects,
subject to the following provisions:
(1) The Director is authorized to appoint a Site Selection Board
consisting of the Academy Superintendent and two other members to
survey the most suitable sites for the location of the Academy and
to make recommendations to the Director.
(2) The Site Selection Board in making its recommendations and
the Director in making his final selection, shall give consideration
to the training and facility needs of the Academy, environmental
effects, the possibility of using a surplus Government facility, and
such other factors as are deemed important and relevant. The
Director shall make a final site selection not later than 2 years
after October 29, 1974.
(h) Construction costs
Of the sums authorized to be appropriated for the purpose of
implementing the programs of the Administration, not more than
$9,000,000 shall be available for the construction of facilities of the
Academy on the site selected under subsection (g) of this section. Such
sums for such construction shall remain available until expended.
(i) Educational and professional assistance
The Administrator is authorized to--
(1) provide stipends to students attending Academy courses and
programs, in amounts up to 75 per centum of the expense of
attendance, as established by the Superintendent;
(2) provide stipends to students attending courses and nondegree
training programs approved by the Superintendent at universities,
colleges, and junior colleges, in amounts up to 50 per centum of the
cost of tuition;
(3) make or enter into contracts to make payments to
institutions of higher education for loans, not to exceed $2,500 per
academic year for any individual who is enrolled on a full-time
basis in an undergraduate or graduate program of fire research or
engineering which is certified by the Superintendent. Loans under
this paragraph shall be made on such terms and subject to such
conditions as the Superintendent and each institution involved may
jointly determine; and
(4) establish and maintain a placement and promotion
opportunities center in cooperation with the fire services, for
firefighters who wish to learn and take advantage of different or
better career opportunities. Such center shall not limit such
assistance to students and graduates of the Academy, but shall
undertake to assist all fire service personnel.
(j) Board of Visitors
Upon establishment of the Academy, the Director shall establish a
procedure for the selection of professionals in the field of fire
safety, fire prevention, fire control, research and development in fire
protection, treatment and rehabilitation of fire victims, or local
government services management to serve as members of a Board of
Visitors for the Academy. Pursuant to such procedure, the Director shall
select eight such persons to serve as members of such Board of Visitors
to serve such terms as the Director may prescribe. The function of such
Board shall be to review annually the program of the Academy and to make
comments and recommendations to the Director regarding the operation of
the Academy and any improvements therein which such Board deems
appropriate. Each member of such Board shall be reimbursed for any
expenses actually incurred by him in the performance of his duties as a
member of such Board.
(k) Accreditation
The Superintendent is authorized to establish a Committee on Fire
Training and Education which shall inquire into and make recommendations
regarding the desirability of establishing a mechanism for accreditation
of fire training and education programs and courses, and the role which
the Academy should play if such a mechanism is recommended. The
Committee shall consist of the Superintendent as Chairman and eighteen
other members appointed by the Administrator from among individuals and
organizations possessing special knowledge and experience in the field
of fire training and education or related fields. The Committee shall
submit to the Administrator within two years after its appointment, a
full and complete report of its findings and recommendations. Upon the
submission of such report, the Committee shall cease to exist. Each
appointed member of the Committee shall be reimbursed for expenses
actually incurred in the performance of his duties as a member.
(l) Admission
The Superintendent is authorized to admit to the courses and
programs of the Academy individuals who are members of the firefighting,
rescue, and civil defense forces of the Nation and such other
individuals, including candidates for membership in these forces, as he
determines can benefit from attendance. Students shall be admitted from
any State, with due regard to adequate representation in the student
body of all geographic regions of the Nation. In selecting students, the
Superintendent may seek nominations and advice from the fire services
and other organizations which wish to send students to the Academy.
(Pub. L. 93-498, Sec. 7, Oct. 29, 1974, 88 Stat. 1537; Pub. L. 106-503,
title I, Sec. 110(a)(2)(B)(ii), Nov. 13, 2000, 114 Stat. 2302.)
References in Text
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (c)(4), are classified to section 3301
et seq. of Title 5, Government Organization and Employees.
Amendments
2000--Subsecs. (a), (b), (g), (j). Pub. L. 106-503 substituted
``Director'' for ``Secretary'' wherever appearing.
Transfer of Functions
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.
Functions of National Fire Prevention and Control Administration
[now United States Fire Administration] and National Academy for Fire
Prevention and Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer of Functions note
set out under section 2202 of this title.
Limitations on Authority of Superintendent of Fire Academy; Exclusive
Control and Direction of United States Fire Administrator
Pub. L. 101-507, title III, Nov. 5, 1990, 104 Stat. 1377, provided
that: ``The Superintendent of the Fire Academy, in exercising the powers
and authority provided by section 7 of the Federal Fire Prevention
Control Act of 1974 [15 U.S.C. 2206], shall be subject to the exclusive
direction of the Administrator, United States Fire Administration:
Provided, That all funds appropriated by this or any other Act, with
respect for any fiscal year, or otherwise made available, for the
National Fire Academy in Emmitsburg, Maryland, or any Fire Academy field
programs, shall be placed under the exclusive control of the United
States Fire Administration.''
