§ 2218. — Administrative provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2218]
TITLE 15--COMMERCE AND TRADE
CHAPTER 49--FIRE PREVENTION AND CONTROL
Sec. 2218. Administrative provisions
(a) Assistance to Administrator
Each department, agency, and instrumentality of the executive branch
of the Federal Government and each independent regulatory agency of the
United States is authorized and directed to furnish to the
Administrator, upon written request, on a reimbursable basis or
otherwise, such assistance as the Administrator deems necessary to carry
out his functions and duties pursuant to this chapter, including, but
not limited to, transfer of personnel with their consent and without
prejudice to their position and ratings.
(b) Powers of Administrator
With respect to this chapter, the Administrator is authorized to--
(1) enter into, without regard to section 5 of title 41, such
contracts, grants, leases, cooperative agreements, or other
transactions as may be necessary to carry out the provisions of this
chapter;
(2) accept gifts and voluntary and uncompensated services,
notwithstanding the provisions of section 1342 of title 31;
(3) purchase, lease, or otherwise acquire, own, hold, improve,
use, or deal in and with any property (real, personal, or mixed,
tangible or intangible), or interest in property, wherever situated;
and sell, convey, mortgage, pledge, lease, exchange, or otherwise
dispose of property and assets;
(4) procure temporary and intermittent services to the same
extent as is authorized under section 3109 of title 5, but at rates
not to exceed the daily equivalent of the maximum annual rate of
basic pay then in effect for grade GS-15 of the General Schedule (5
U.S.C. 5332(a)) for qualified experts; and
(5) establish such rules, regulations, and procedures as are
necessary to carry out the provisions of this chapter.
(c) Audit
The Director and the Comptroller General of the United States, or
any of their duly authorized representatives, shall have access to any
books, documents, papers, and records of the recipients of contracts,
grants, or other forms of assistance that are pertinent to its
activities under this chapter for the purpose of audit or to determine
if a proposed activity is in the public interest.
(d) Inventions and discoveries
All property rights with respect to inventions and discoveries,
which are made in the course of or under contract with any government
agency pursuant to this chapter, shall be subject to the basic policies
set forth in the President's Statement of Government Patent Policy
issued August 23, 1971, or such revisions of that statement of the
policy as may subsequently be promulgated and published in the Federal
Register.
(e) Coordination
To the extent practicable, the Administrator shall utilize existing
programs, data, information, and facilities already available in other
Federal Government departments and agencies and, where appropriate,
existing research organizations, centers, and universities. The
Administrator shall provide liaison at an appropriate organizational
level to assure coordination of his activities with State and local
government agencies, departments, bureaus, or offices concerned with any
matter related to programs of fire prevention and control and with
private and other Federal organizations and offices so concerned.
(Pub. L. 93-498, Sec. 21, Oct. 29, 1974, 88 Stat. 1548; Pub. L. 96-121,
Sec. 2, Nov. 16, 1979, 93 Stat. 863; Pub. L. 106-503, title I,
Sec. 110(a)(2)(B)(ix), Nov. 13, 2000, 114 Stat. 2302.)
Codification
In subsec. (b)(2), ``section 1342 of title 31'' substituted for
``section 3679 of the Revised Statutes (31 U.S.C. 665(b))'' on authority
of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first
section of which enacted Title 31, Money and Finance.
Amendments
2000--Subsec. (c). Pub. L. 106-503 substituted ``Director'' for
``Secretary''.
1979--Subsec. (b)(4). Pub. L. 96-121 substituted ``the daily
equivalent of the maximum annual rate of basic pay then in effect for
grade GS-15 of the General Schedule (5 U.S.C. 5332(a))'' for ``$100 a
day''.
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.
Enhancement of Science and Mathematics Programs
Pub. L. 105-108, Sec. 7, Nov. 20, 1997, 111 Stat. 2265, provided
that:
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the United States Fire Administration.
``(2) Educationally useful federal equipment.--The term
`educationally useful Federal equipment' means computers and related
peripheral tools and research equipment that is appropriate for use
in schools.
``(3) School.--The term `school' means a public or private
educational institution that serves any of the grades of
kindergarten through grade 12.
``(b) Sense of Congress.--
``(1) In general.--It is the sense of Congress that the
Administrator should, to the greatest extent practicable and in a
manner consistent with applicable Federal law (including Executive
Order No. 12999 [40 U.S.C. 549 note]), donate educationally useful
Federal equipment to schools in order to enhance the science and
mathematics programs of those schools.
``(2) Reports.--
``(A) In general.--Not later than 1 year after the date of
enactment of this Act [Nov. 20, 1997], and annually thereafter,
the Administrator shall prepare and submit to the President a
report that meets the requirements of this paragraph. The
President shall submit that report to Congress at the same time
as the President submits a budget request to Congress under
section 1105(a) of title 31, United States Code.
``(B) Contents of report.--The report prepared by the
Administrator under this paragraph shall describe any donations
of educationally useful Federal equipment to schools made during
the period covered by the report.''
Section Referred to in Other Sections
This section is referred to in title 35 section 210.
