Fire Administration Authorization Act of 1992
PL 102-522 (H.R.2042), enacted 10/26/1992

106 STAT. 3410 
PUBLIC LAW 102-522—OCT. 26, 1992 
Public Law 102-522 
102d Congress 
An Act 
Oct. 26,1992 
To authorize appropriations for activities under the Federal Fire Prevention and 
[H.R. 2042] 
Control Act of 1974, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
?!r® • • J. .• 
the United States of 
America in Congress assembled. 
Administration 
^"**^f I'SSo °" 
SECTION 1. SHORT TITLE. 
Act of 1992. 
This Act may be cited as the "Fire Administration Authorization 
Act of 1992". 
TITLE I—UNITED STATES FIRE ADMINISTRATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Section 17(gXl) of the Federal Fire Prevention and Control 
Act of 1974 (15 U.S.C. 2216(^X1)) is amended— 
(1) by striking "and at the end of subparagraph (B); 
(2) by striking the period at the end of subparagraph (C) 
and inserting in lieu thereof a semicolon; and 
(3) by adding at the end the following new subparagraphs: 
"(D) $25,550,000 for the fiscal year ending September 30, 
1992' 
"(E) $26,521,000 for the fiscal year ending September 
30,1993; and 
"(F) $27,529,000 for the fiscal year ending September 30, 
1994.". 
SEC. 102. PRIORITY AdlVITIES OF THE UNITED STATES FIRE 
ADMINISTRATION. 
(a) PRIORITY AcnvrriES.—In expending fimds appropriated 
pursuant to the amendments made by section 101 of tms Act, 
the United States Fire Administration shall give priority to— 
(1) reducing the incidence of residential fires, especially 
in residences of the very old, the very young, or the disabled 
in urban and rural areas, through the development and dissemi-
nation of public education and awareness programs, through 
arson research and technical assistance programs, and through 
research and development on new technologies; 
(2) working with State Fire Marshals and other State level 
fire safety offices to identify fire problems that are national 
in scope; 
(3) disseminating information about the activities and pro-
grams of the United States Fire Administration to State and 
local fire services; 
(4) enhancing the residential sprinkler programs, including 
research, demonstration activities, and technical assistance to 
the public and private sectors; 
(5) enhancing research into sprinkler programs in areas 
or structures with limited or no domestic water supply; 
PUBLIC LAW 102-522—OCT. 26, 1992 
106 STAT. 3411 
(6) through the National Fire Academy, enhancing the 
residentisd and field program in support of State level training 
programs, particularly uiose that support the volunteer fire 
service; ana 
(7) strengthening programs that help protect the lives and 
safety of fire and emergency medical services personnel, includ-
ing research into causes of death and ii^unes, research and 
development on new technologies to mitigate and prevent 
injuries, dissemination of information, and t^hnical assistance 
to State and local 
fire 
departments. 
(b) REPORT TO CONGRESS.—The United States Fire Administra-
tion shall, within 1 year after the date of enactment of this Act, 
submit a report to the Congress on the activities undertaken pursu-
£uit to subsection (aXl). 
SEC. 103. REPORT ON mPLEMENTATION OF HOTEL AND MOTEL FIRE 
SAFETY ACT OF 1990. 
The United States Fire Administration shall, within 6 months 
after the date of enactment of this Act, report to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Science, Space, and Technology of the House of 
Representatives on its progress in implementing the Hotel and 
Motel Fire Safety Act of 1990 (Public Law 101-391; 104 Stat. 
747), including amendments made by that Act. The report shall 
specify the nature of expenditures made as of the date of the 
report, as well as including an estimate of the costs and a specific 
schedule for implementation. 
SEC. 104. USTING OF DESIGNATED PLACES OF PUBUC ACCOMMODA-
TION. 
Section 28 of the Federal Fire Prevention and Control Act 
of 1974 (15 U.S.C. 2224) is amended— 
(1) by striking "CERTIFIED" in the section heading; and 
(2) in subsection (a)— 
(A) by inserting "(acting through its Governor or the 
Governor's designee)" immediately after "each State" wher-
ever it appears; and 
(B) by striking "the Grovemor of the State or his des-
ignee certifies". 
SEC. 105. FIRE PREVENTION AND CONTROL GUIDELINES FOR PLACES 
OF PUBUC ACCOMMODATION. 
(a) EXCEPTIONS FOR CERTAIN AUTOMATIC SPRINKLER SYS-
TEMS.—Section 29 of the Federal Fire Prevention and Control Act 
of 1974 (15 U.S.C. 2225), is amended by redesignating subsections 
(b) and (c) as subsections (c) and (d), respectively, and by inserting 
immediately aft«r subsection (a) the following new subsection: 
"(b) EXCEPTIONS.—(1) The requirement described in subsection 
(aX2) shall not apply to a place of public accommodation affecting 
commerce with an automatic sprinkler system installed before Octo-
ber 25, 1992, if the automatic sprinlder system is installed in 
compliance with an applicable standard (aaopted by the govern-
mental authority having jurisdiction, and in effect, at the time 
of installation) that required the placement of a sprinkler head 
in the sleeping area of each guest room. 
"(2) Tlie requirement described in subsection (aX2) shall not 
apply to a place of public accommodation affecting commerce to 
the extent that such place of public accommodation affecting com-
106 STAT. 3412 
PUBLIC LAW 102-522—OCT. 26, 1992 
merce is subject to a standard that includes a requirement or 
prohibition that prevents compliance with a provision of National 
Fire Protection Association Standard 13 or 13-R. In such a case, 
the place of public accommodation affecting commerce is exempt 
only from that specific provision.". 
(b) DEFiNrnoNS.—Section 29 of the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2225), is amended by adding 
at the end of subsection (d), as redesignated by this section, the 
following newparagraph: 
"(3) llie term 'governmental authority having jurisdiction' 
means the Federal, State, local, or other governmental entity 
with statutory or regulatory authority for the approval of fire 
safety systems, equipment, installations, or procedures within 
a specified locality.". 
SEC. 106. FIRE SAFETY SYSTEMS IN FEDERALLY ASSISTED BUILD-
INGS. 
(a) AMENDMENT.—^The Federal Fire Prevention and Control 
Act of 1974 (15 U.S.C. 2201 et seq.), is amended by adding at 
the end the following new section: 
15 use 2227. 
«SEC. 31. FIRE SAFETY SYSTEMS IN FEDERALLY ASSISTED BUILDING& 
"(a) DEFlNmoNS.—^For purposes of this section, the following 
definitions apply* 
"(1) The term 'affordable cost' means the cost to a Federal 
agency of leasing office space in a building that is protected 
by an automatic sprinkler system or equivalent level of safety, 
which cost is no more than 10 percent greater than the cost 
of leasing available comparable office space in a building that 
is not so protected. 
"(2) The term 'automatic sprinkler system' means an elec-
tronically supervised, integrated system of piping to which 
sprinklers are attached in a systematic pattern, and which, 
when activated bv heat from a fire— 
"(A) will protect human Uves by discharging water 
over the fire area, in accordance with the National Fire 
Protection Association Standard 13,13D, or 13R, whichever 
is appropriate for the type of building and occupancy being 
protected, or any successor standard tnereto; and 
"(B) includes an alarm signaling system with appro-
priate warning signals (to the extent such alarm systems 
and warning signals are required by Federal, State, or 
local laws or regulations) installed in accordance with the 
National Fire IVotection Association Standard 72, or any 
successor standard thereto. 
"(3) The term 'equivalent level of safety* means an alter-
native design or system (which may include automatic sprinkler 
systems), based upon fire protection engineering analysis, which 
achieves a level of safety equal to or greater than that provided 
by automatic sprinkler svstems. 
"(4) The term Tederal employee office building' means 
any office building in the United States, whether owned or 
leased by the Federal Crovemment, that is regularly occupied 
by more than 25 full-time Federal employees in the course 
of their employment. 
"(5) The term 'housing assistance'— 
"(A) means assistance provided by the Federal Govern-
ment to be used in connection with the provision of housing. 
PUBLIC LAW 102-522—OCT. 26, 1992 
106 STAT. 3413 
that is provided in the form of a grant, contract, loan, 
loan guarantee, cooperative agreement, interest subsidy, 
insurance, or direct appropriation; and 
"(B) does not mclude assistance provided by the 
Secretary of Veterans Affairs; the Federal Emergency 
Management Agency the Secretary of Housing and iJrban 
Development under the sins;le family mortgage insurance 
programs under the National Housing Act or the 
homeownership assistance program imder section 235 of 
such Act; the National Homeownership Trust; the Federal 
Deposit Insurance Corporation under the affordable hous-
ing program under section 40 of the Federal Deposit Insur-
ance Act; or the Resolution Trust Corporation under the 
affordable housing program under section 21A(c) of the 
Federal Home Loan Bank Act. 
"(6) The term '^hazardous areas' means those areas in a 
building referred to as hazardous areas in National Fire Protec-
tion Association Standard 101, known as the Life Safety Code, 
or any successor standard thereto. 
"(7) The term 'multifamilv property* means— 
"(A) in the case of housing tor Federal employees or 
their dependents, a residential Duilding consisting of more 
than 2 residential units that are under one roof; and 
"(B) in any other case, a residential building consisting 
of more than 4 residential units that are under one roof 
"(8) The term 'prefire plan' means specific plans for fire 
fighting activities at a property or location. 
"(9) The term 'rebuilding' means the repairing or 
reconstructing of portions of a multifamily property where the 
cost of the alterations is 70 percent or more of the replacement 
cost of the completed multifamily property, not including the 
value of the land on which the multifamily property is located. 
"(10) The term "renovated* means the repairing or 
reconstructing of 50 percent or more of the current value of 
a Federal employee ofiKce building, not including the value 
of the land on which the Federcu employee office building 
is located. 
"(11) The term 'smoke detectors' means single or multiple 
stetion, self-contained alarm devices designed to respond to 
the presence of visible or invisible particles of comoustion, 
instmled in accordance with the National Fire Protection 
Association Standard 74 or any successor st€uidard thereto. 
"(12) The term IJnited Stetes' means the States collectively. 
"(b) FEDERAL EMPLOYEE OFFICE BUILDINGS.—(IXA) No Federal 
funds may be used for the construction or purchase of a Federal 
employee office building of 6 or more stones unless during the 
E
eriod of occupancy by Federal employees the building is protected 
y an automatic sprinkler system or equivalent level of safety. 
No Federal fimds may be used for the construction or purchase 
of any other Federal employee office building unless during the 
period of occupancy by Federal employees the hazardous areas 
of the building are protected by automatic sprinkler systems or 
an equivalent level of scdety. 
"(BXi) Except as provided in clause (ii), no Federal fimds may 
be used for the lease of a Federal employee ofiice building of 
6 or more stories, where at least some portion of the federally 
leased space is on the sixth fioor or above and at least 35,000 
106 STAT. 3414 
PUBLIC LAW 102-522—OCT. 26, 1992 
square feet of space is federally occupied, unless during the period 
of occupanpy by Federal employees the entire Federal employee 
office building is protected by an automatic sprinkler system or 
equivalent level or safety. No Federal funds may be used for the 
lease of any other Federal employee office building unless during 
the period of occupancy by Federal employees the hazardous areas 
of the entire Federal employee office building are protected by 
automatic sprinkler systems or an equivalent level of safety. 
"(ii) The first sentence of clause (i) shall not apply to the 
lease of a building the construction of which is completed before 
the date of enactment of this section if the leasing agency certifies 
that no suitable building with automatic sprinkler systems or an 
equivalent level of safety is available at an anordable cost. 
"(iii) Within 3 years after such date of enactment, and periodi-
cally thereafter, the Comptroller General shall audit a selection 
of certifications made under clause (ii) and report to Congress 
on the results of such audit. 
''(2) Paragraph (1) shall not apply to— 
"(A) a Federal employee office building that was owned 
by the Federal Government before the date of enactment of 
this section; 
"(B) space leased in a Federal employee office building 
if the space was leased by the Federal Government before 
such date of enactment; 
"(C) space leased on a temporary basis for not longer than 
6 months; 
''(D) a Federal employee office building that becomes a 
Federal employee office building pursuant to a commitment 
to move Federal employees into the building that is made 
prior to such date of enactment; or 
"(E) a Federal employee office building that is owned or 
managed by the Resolution Trust Corporation. 
Nothing in this subsection shall require the installation of an auto-
matic sprinkler system or equivalent level of safety by reason 
of the leasing, after such date of enactment, of space below the 
sixth floor in a Federal employee office building. 
"(3) No Federal funds may be used for the renovation of a 
Federal employee office building of 6 or more stories that is owned 
by the Federal Grovemment unless after that renovation the Federal 
employee office building is protected by an automatic sprinkler 
system or equivalent level of safety. No Federal funds may be 
used for the renovation of any other Federal employee office building 
that is owned by the Federal Government unless after that renova-
tion the hazardous areas of the Federal employee office building 
are protected by automatic sprinkler systems or an equivalent level 
of safety. 
"(4) No Federal funds may be used for entering into or renewing 
a lease of a Federal employee office building of 6 or more stories 
that is renovated after the date of enactment of this section, where 
at least some portion of the federally leased space is on the sixth 
floor or above and at least 35,000 square feet of space is federally 
occupied, unless after that renovation the Federal employee office 
building is protected by an automatic sprinkler system or equivalent 
level of safety. No Federal funds may be used for entering into 
or renewing a lease of any other Federal employee office building 
that is renovated after such date of enactment of this section, 
imless after that renovation the hazardous areas of the Federal 
PUBLIC LAW 102-522—OCT. 26, 1992 
106 STAT. 3415 
employee office building are protected by automatic sprinkler sys-
tems or an equivalent level of safety. 
"(c) HOUSING.—(IXA) No Federal funds may be used for the 
construction, purchase, lease, or operation by the Federal Govern-
ment of housing in the United States for Federal employees or 
their dependents imless— 
"(i) in the case of a multifamily property acqmred or rebuilt 
by the Federal Grovemment after the date of enactment of 
this section, the housing is protected, before occupancy by Fed-
ereJ employees or their dependents, by an automatic sprinkler 
system (or equivalent level of safety) and hard-wired smoke 
detectors; and 
"(ii) in the case of any other housing, the housing, before— 
"(I) occupancy by the first Federal employees (or their 
dependents) who do not occupy such housing as of such 
date of enactment; or 
"(11) the expiration of 3 years after such date of 
enactment, 
whichever occurs first, is protected by hard-wired smoke 
detectors. 
"(B) Nothing in this paragraph shall be construed to supersede 
any guidelines or requirements applicable to housing for Federal 
employees that call for a higher level of fire safety protection 
than is required under this paragraph. 
''(2XAXi) Housing assistance may not be used in connection 
with any newly constructed multifamily property, unless after the 
new construction the multifamily property is protected by an auto-
matic sprinkler system and hard-wired smoke detectors. 
"(ii) For purposes of clause (i), the term 'newly constructed 
multifamily property* means a multifamily property of 4 or more 
stories above groimd level— 
"(1) that is newly constructed after the date of enactment 
of this section; and 
"(11) for which (a) housing assistance is used for such 
new construction, or (b) a binding commitment is made, before 
commencement of such construction, to provide housing assist-
ance for the newly cc»nstructed property. 
"(iii) Clause (i) shall not apply to any multifamily property 
for which, before such date of enactment, a binding commitment 
is made to provide housing assistance for the new construction 
of the property or for the newly constructed property. 
"(BXi) Except as provided in clause (ii), housing assistance 
may not be used in connection with any rebuilt multifamily prop-
erty, unless after the rebuilding the multifamily property complies 
with the chapter on existing apartment buildings of National Fire 
Protection Association Standard 101 (known as the Life Safety 
Code), as in effect at the earlier of (I) the time of any approval 
by the Department of Housing and Urban Development of the 
specific plan or budget for rebuilding, or (11) the time that a binding 
commitment is made to provide housing assistance for the rebuilt 
property. 
"(ii) If any rebuilt multifamily property is subject to, and in 
compliance with, any provision of a State or local fire safety stand-
ard or code that prevents compliance with a specific provision 
of National Fire Protection Association Standard 101, the require-
ment under clause (i) shall not apply with respect to such specific 
provision. 
106 STAT. 3416 
PUBLIC LAW 102-522—OCT. 26, 1992 
"(iii) For purposes of this subparagraph, the term 'rebuilt multi-
family property* means a multifamily property of 4 or more stories 
above ground level— 
"(I) that is rebuilt after the last day of the second fiscal 
year that ends after the date of enactment of this section; 
and 
"(II) for which (a) housing assistance is used for such 
rebuilding, or (b) a binding commitment is made, before 
commencement of such rebuilding, to provide housing assist-
ance for the rebuilt property. 
"(C) After the expiration of the 180-day period beginning on 
the date of enactment of this section, housing assistance may not 
be used in connection with any other dwelling unit, unless the 
unit is protected by a hard-wired or battery-operated smoke detec-
tor. For purposes of this subparagraph, housing assistance shall 
be considered to be used in connection with a particular dwelling 
unit only if such assistance is provided (i) for the particular unit, 
in the case of assistance provided on a unit-by-unit basis, or (ii) 
for the multifamily property in which the unit is located, in the 
case of assistance provided on a structure-by-structure basis. 
"(d) REGULATIONS.—^The Administrator of General Services, in 
cooperation with the United States Fire Administration, the 
National Institute of Standards and Technology, and the Depart-
ment of Defense, within 2 years after the date of enactment of 
this section, shall promulgate regulations to further define the 
term 'equivalent level of safety*, and shall, to the extent practicable, 
base those regulations on nationally recognized codes. 
"(e) STATE AND LOCAL AUTHORITY NOT LIMITED.—-Nothing in 
this section shall be construed to limit the power of any State 
or political subdivision thereof to implement or enforce any law, 
rule, regulation, or standard that establishes requirements concern-
ing fire prevention and control. Nothing in this section shall be 
construea to reduce fire resistance requirements which otherwise 
would have been required. 
"(f) PREFIRE PLAN.—^The head of any Federal agency that owns, 
leases, or operates a building or housing unit with Federal funds 
shall invite the local agency or voluntaiy organization having 
responsibility for fire protection in the jurisdiction where the build-
ing or housing unit is located to prepare, and biennially review, 
a prefire plan for the building or housing unit. 
"(g) REPORTS TO CONGRESS.—(1) Within 3 years after the date 
of enactment of this section, and every 3 years thereafter, the 
Administrator of Greneral Services shall transmit to Congress a 
report on the level of fire safety in Federal employee office buildings 
subiect to fire safet^r requirements imder this section. Such report 
shall contain a description of such buildings for each Federal agency. 
"(2) Within 10 years after the date of enactment of this section, 
each Federal agencv providing housing to Federal employees or 
housing assistance shall submit a report to Congress on the progress 
of that agency in implementing subsection (c) and on plans for 
continuing such implementation. 
"(3XA) The National Institute of Standards and Technology 
shall conduct a study and submit a report to Congress on tne 
use, in combination, of fire detection systems, fire suppression sys-
tems, and compartmentation. Such study shall— 
"(i) quantify performance and reliability for fire detection 
systems, fire suppression systems, and compartmentation. 
PUBLIC LAW 102-522—OCT. 26, 1992 
106 STAT. 3417 
including a field assessment of performance and determination 
of conditions under which a r^uction or elimination of 1 or 
more of those systems would result in an imacceptable risk 
of fire loss; and 
"(ii) include a comparative analysis and compartmentation 
using fire resistive materials and comptutmentation using 
noncombustible materials. 
"(B) The National Institute of Standards and Technology shall 
obtain fimding firom non-Federal sources in an amount equal to 
25 percent of the cost of the study required by subparagraph (A). 
Funding for the National Institute of Standards and Technology 
for carrying out such stud^ shall be derived 
firom 
amounts otherwise 
authorized to be appropriated, for the Building and Fire Research 
Center at the National Institute of Standards and Technolo^, 
not to exceed $750,000. The s t u ^ shall commence imtil receipt 
of all matching fimds firom non-Federal sources. The scope and 
extent of the study shall be determined by the level of project 
funding. The Institute shall submit a report to Congress on the 
study within 30 months afl^er the date of enactment of this section. 
''(h) RELATION TO OTHER REQUIREMENTS.—In the implementa-
tion of this section, the process for meeting space needs in urban 
areas shall continue to give first consideration to a centralized 
commimity business area and adjacent areas of similar character 
to the extent of any Federal requirement therefor.". 
(b) EFFECTIVE DATE.—Subsection (b) of section 31 of the Federal is use 2227 
Fire Prevention and Control Act of 1974, as added by subsection "
°
*
®
-
(a) of this section, shall take effect 2 years after the date of enact-
ment of this Act. 
TITLE n—NATIONAL FALLEN FIREFIGIITERS 
National Fallen 
FOUNDATION 
S^fonAct. 
SEC. 201. SHORT TITLE. 
36 USC 5201 
This title may be cited as the 'National Fallen Firefighters 
Foimdation Act". 
SEC. 202. ESTABUSHMENT AND PURPOSES OF FOUNDATION. 
36 USC 5201. 
(a) ESTABUSHMENT. —There is established the National Fallen 
Firefighters Foundation (hereafter in this title referred to as the 
"Foundation"). The Foundation is a charitable and nonprofit cor-
poration to be organized under the laws of the State of Maryland 
and is not an agency or establishment of the United States. 
(b) PURPOSES.—^The purposes of the Foundation are— 
(1) primarily to encourage, accept, and administer private 
gifts of property for the benefit of the National Fallen Fire-
lighters'Memorial and the annual memorial service associated 
with it; 
(2) to provide financial assistance to families of fallen fire-
fighters for transportation to and lodging at non-Federal facili-
ties during the annual memorial service; 
(3) to assist State and local efiforte to recognize firefighters 
who die in the line of duty; and 
(4) to provide scholarships and other financial assistance 
for educational purposes and job training for the spouses and 
children of fallen firefighters. 
SEC 203. BOARD OF DIRECTORS OF THE FOUNDATION. 
36 USC 5202. 
(a) ESTABUSHMENT AND MEMBERSHIP.— 
106 STAT. 3418 
PUBLIC LAW 102-522—OCT. 26, 1992 
(1) VOTING MEMBERS.—The Foundation shall have a 
governing Board of Directors (hereafter in this title referred 
\ 
to as the '^oard"), which shidl consist of nine voting members, 
\ 
of whom— 
(A) one member shall be an active volunteer firefighter; 
(B) one member shall be an active career firefighter; 
(C) one member shall be a Federal firefighter; and 
(D) six members shall have a demonstrated interest 
in the fire service. 
(2) NONVOTING MEMBER.—The Administrator of the United 
States Fire Administration of the Federal Emergency Manage-
ment Agency (hereafter in this title referred to as the "Adminis-
trator^) shall be an ex officio nonvoting member of the Board. 
(3) STATUS OF BOARD MEMBERS.—Appointment to the Board 
shall not constitute employment by, or the holding of an office 
of, the United States for the purposes of any Federal law. 
(4) COMPENSATION—^Members of the Board shall serve with-
out compensation. 
(b) APPOINTMENT AND TERMS.—Within 3 months after the date 
of enactment of this Act, the Administrator shall appoint the voting 
members of the Board. The voting members shall be appointed 
for terms of 6 years, except that the Administrator, in making 
the initial appointments to the Board, shall appoint— 
(1) three members to a term of 2 years; 
(2) three members to a term of 4 years; and 
(3) three members to a term of 6 years. 
(c) VACANCY.—A vacancy on the Board shall be filled within 
60 days in the manner in which the original appointment was 
made. 
(d) CHAIRMAN.—The Chairman shall be elected by the Board 
from its voting members for a 2-year term. 
(e) QUORUM.—^A msyority of the current membership of the 
Board shall constitute a quorum for the transaction of business. 
(f) MEETINGS.—The Board shall meet at the call of the Chair-
man at least once a year. If a member of the Board misses three 
consecutive meetings, that individual may be removed from the 
Board and that vacancy filled in accordance with subsection (c). 
(g) GENERAL POWERS.— 
(1) ACTIONS BY THE BOARD.—The Board may complete the 
organization of the Foimdation by— 
(A) appointing no more than two officers or employees; 
(B) adopting a constitution and bylaws consistent with 
this title; and 
(C) undertaking other such acts as may be necessary 
to carry out this title. 
(2) LIMITATION.—Officers and employees may 
not 
be 
appointed luitil the Foundation has sufficient funds to pay 
for their services. 
(h) OFFICERS AND EMPLOYEES.— 
(1) STATUS.—Officers and employees of the Foundation 
shall not be considered Federal employees, shall be appointed 
without regard to title 5, United States Code, governing 
appointments in the competitive service, and may be paid with-
out regard to chapter 51 and subchapter III of chapter 53 
of such title relating to classification and General Schedide 
pay rates. 
PUBLIC LAW 102-522—OCT. 26, 1992 
106 STAT. 3419 
(2) MAXIMUM SAILARY.—^No officer or employee may receive 
pay in excess of the annual rate of basic pay prescribed for 
level GS-15 of the General Schedule under section 5107 of 
title 5, United States Code. 
SEC. 204. RIGHTS AND OBUGATIONS OF THE FOUNDATION. 
36 USC 5203. 
(a) IN GENERAL.—The Foimdation-
(1) shall have perpetual succession; 
(2) may conduct business throughout the several States, 
territories, and possessions of the United States; 
(3) shall have its principal offices in the State of Maryland; 
and 
(4) shall at all times maintain a designated agent author-
ized to accept service of process for the Foundation. 
(b) SEAL.—^The Foundation shall have an official seal selected 
by the Board which shall be judicially noticed. 
(c) POWERS.—^To carry out its purposes imder section 202, the 
Foundation shall have, in addition to the powers otherwise given 
it under this title, the usual powers of a corporation acting as 
a trustee in the State of Maryland, including the power— 
(1) to accept, receive, solicit, hold, administer, and use 
any gift, devise, or bequest, either absolutely or in trust, of 
real or personal property or any income therefrom or other 
interest therein; 
(2) to sue and be sued, and complain and defend itself 
in any coiirt of competent jurisdiction, except that the members 
of the Board shall not be personally liable, except for gross 
negligence; 
(3) unless otherwise required by the instrument of transfer, 
to sell, donate, lease, invest, or otherwise dispose of any prop-
erty or income therefrom; 
(4) to enter into contracts and other arrangements with 
public agencies and private organizations and persons and to 
make such pajnments as may be necessary to carry out its 
functions; and 
(5) to do any and all acts necessary and proper to carry 
out the purposes of the Foundation. 
SEC. 20S. ADMINISTRATIVE SERVICES AND SUPPORT. 
36 USC 5204. 
The Administrator may provide personnel, facilities, and other 
administrative services to the Foundation and shall reqmre and 
accept reimbursements for such personnel, facilities, and services 
that shall be deposited in the Treasury to the credit of the appro-
priations then current and chargeable for the cost of providing 
such services. Notwithstanding any other provision of law, Federsd 
personnel and stationery shall not be used to solicit funding for 
the Foundation. 
SEC. 206. VOLUNTEER STATUS. 
36 USC 5205. 
The Administrator may accept, without regard to the Federal 
civil service classification laws, rules, or regulations, the services 
of the Foundation, the Board, and the officers and employees of 
the Board, without compensation from the United States Fire 
Administration, as volunteers in the performance of the functions 
authorized under this title. 
106 STAT. 3420 
PUBLIC LAW 102-522—OCT. 26, 1992 
36 use 5206. 
SEC. 207. AUDITS, REPORT REQUIREMENTS, AND PETITION OF ATTORp 
NEY GENERAL FOR EQUITABLE RELIEF. 
(a) AUDITS.—^For purposes of the Act entitled **An Act to provide 
for audit of accounts of private corporations established under Fed-
eral law^, approved August 30, 1964 (36 U.S.C. 1101 et seq.), 
the Foundation shall be treated as a private corporation established 
under Federal law. 
(b) REPORT.—^The Foundation shall, within 4 months after the 
end of each fiscal year, prepare and submit to the appropriate 
committees of the Congress a report of the Foundation's proceedings 
and activities during such year, including a full and complete state-
ment of its receipts, expenmtures, and investments. 
(c) RELIEF FOR CERTAIN FOUNDATION ACTS OR FAILURES TO 
ACT.—If the Foundation— 
(1) engages in, or threatens to engage in, any act, practice, 
or policy that is inconsistent with the purposes set forth in 
section 202(b); or 
(2) refuses, fails, or neglects to discharge its obligations 
under this title, or threatens to do so, 
the Attorney General may petition in the United Stetes District 
Court for the District of Columbia for such equiteble relief as 
may be necessary or appropriate. 
36 use 5207. 
SEC. 208. IMMUNITY OF THE UNITED STATES. 
The United Stetes shall not be liable for any debte, defaulte, 
acts, or omissions of the Foundation nor shall the full faith and 
credit of the United Stetes extend to any obligation of the 
Foundation. 
Workere'Family SEC. 209. WORKERS'FAMILY PROTECTION. 
29 use 671a. 
(a) SHORT TiTLE.—^This section may be cited as the **Workers* 
Family Protection Act". 
(b) FINDINGS AND PURPOSES.— 
(1) FINDINGS.—Congress finds that— 
(A) hazardous chemicals and substances that can 
threaten the health and safety of workers are being trans-
ported out of industries on workers' clothing and persons; 
(B) these chemicals and substences have the potential 
to pose an additional threat to the health and welfare 
of workers and their families; 
(C) additional information is needed concerning issues 
related to employee transported contaminant releases; and 
(D) additional regulations may be needed to prevent 
future releases of this type. 
(2) PURPOSE.—^It is the purpose of this section t o ^ 
(A) increase understanding and awareness concerning 
the extent and possible healtii impacte of the problems 
and incidente described in paragraph (1); 
(B) prevent or mitigate future incidente of home 
contamination that could adversely affect the health and 
safety of workers and their families; 
(C) clarify regulatory authority for preventing and 
responding to such incidente; and 
(D) assist workers in redressing and responding to 
such incidente when they occur. 
(c) EVALUATION OF EMPLOYEE TRANSPORTED CONTAMINANT 
RELEASES.— 
PUBLIC LAW 102-522—OCT. 26, 1992 
106 STAT. 3421 
(1) STUDY.— 
(A) IN GENERAL.—Not later than 18 months after the 
date of enactment of this Act, the Director of the National 
Institute for Occupational Safety and Health (hereafter 
in this section referred to as the 'T)irector"), in cooperation 
with the Secretary of Labor, the Administrator of the 
Environmental Protection Agency, the Administrator of the 
Agency for Toxic Substcuices and Disease Registry, and 
the heads of other Federal Government agencies as deter-
mined to be appropriate by the Director, shall conduct 
a study to evaluate the potential for, the prevalence of, 
and the issues related to the contamination of workers' 
homes with hazardous chemicals and substances, including 
infectious agents, transported from the workplaces of such 
workers. 
(B) MATTERS TO BE EVALUATED.—In conducting the 
study and evaluation under subparagraph (A), the Director 
shall— 
(i) conduct a review of past incidents of home 
contamination through the utilization of Uterature and 
of records concerning past investigations and enforce-
ment actions undertaken by— 
(I) the National Institute for Occupational 
Safety and Health; 
(II) the Secretary of Labor to enforce the 
Occupational Safety and Health Act of 1970 (29 
U.S.C. 651 et seq.); 
(III) States to enforce occupational safety and 
health standards in accordance with section 18 
of such Act (29 U.S.C. 667); and 
(IV) other government agencies (including the 
Department of Energy and the Environmental 
Protection Agency), as the Director may determine 
to be appropriate; 
(ii) evaluate current statutory, regulatory, and vol-
untary industrial hygiene or other measures used by 
small, medium and large employers to prevent or 
remediate home contamination; 
(iii) compile a siunmary of the existing research 
and case histories conducted on incidents of employee 
transported contaminant releases, including— 
(I) the effectiveness of workplace housekeeping 
practices and personal protective equipment in 
preventing such incidents; 
(II) the health effects, if any, of the resulting 
exposure on workers and their families; 
(III) the effectiveness of normal house cleaning 
and laundry procedures for removing hazardous 
materials and agents from workers' homes and 
personal clothing; 
(IV) indoor air quality, as the research 
concerning such pertains to the fate of chemicals 
transported from a workplace into the home 
environment; and 
(V) methods for differentiating exposure health 
effects and relative risks associated with specific 
106 STAT. 3422 
PUBLIC LAW 102-522—OCT. 26, 1992 
Reports. 
Establishment. 
agents 
firom 
other sources of exposure inside and 
outside the home; 
(iv) identify the role of Federal and State agencies 
in responding to incidents of home contamination; 
(v) prepare and submit to the Task Force estab-
lished under paragraph (2) and to the appropriate 
committees of Congress, a report concerning the results 
of the matters studied or evaluated under clauses (i) 
through (iv); and 
(vi) study home contamination incidente and issues 
and worker and family protection policies and practices 
related to the special circumstances of 
firefighters 
and 
prepare and submit to tJie appropriate committees of 
Congress a report concerning uie findings with respect 
to such study. 
(2) DEVELOPMENT OP INVESTIGATIVE STRATEGY.— 
(A) TASK FORCE.—Not later than 12 months after the 
date of enactment of this Act, the Director shall esteblish 
a working group, to be known as the "Workers' Family 
Protection Task Force". The Task Force shall— 
(i) be composed of not more than 15 individuals 
to be appointed by the Director from among individuals 
who are representetive of workers, industry, scientiste, 
industrial nygienists, the National Research Council, 
and government agencies, except that not more than 
one such individual shall be from each appropriate 
government agency and the number of individuals 
appointed to represent industry and workers shall be 
equal in number; 
(ii) review the report submitted under paragraph 
(IXBXv); 
(iii) determine, with respect to such report, the 
additional date needs, if any, and the need for addi-
tional evaluation of the scientific issues related to and 
the feasibility of developing such additional date; and 
(iv) if additional date are determined by the Task 
Force to be needed, develop a recommended investiga-
tive strategy for use in obtaining such information. 
(B) INVESTIGATIVE STRATEGY.— 
(i) CONTENT.—^The investigative strategy developed 
under subparagraph (AXiv) shall identify date gaps 
that can and cannot be filled, assumptions and 
imcerteinties associated with various componente of 
such strategy, a timeteble for the implementetion of 
such strategy, and methodologies used to gather any 
required date. 
(ii) PEER REVIEW.—The Director shall publish the 
proposed investigative strategy under suoparagraph 
(A)(iv) for public comment ana utilize other metnoas, 
including technical conferences or seminars, for the 
purpose of obteining commente concerning the pro-
posed strategy. 
(iii) FINAL STRATEGY.—After the peer review and 
public comment is conducted under clause (ii), the 
Director, in consultetion with the heads of other 
government agencies, shall propose a final strategy 
for investigating issues related to home contemination 
PUBLIC LAW 102-522—OCT. 26, 1992 
106 STAT. 3423 
that shall be unplemented by the National Institute 
for Occupational Safety and Health and other Federal 
agencies for the period of time necessary to enable 
such agencies to obtain the information identified 
under subparagraph (AXiii). 
(C) CONSTRUCTION.—^NotMng in this section shall be 
construed as precluding any government agency from 
investigating issues related to home contamination using 
existing proceduires until such time as a final strategy 
is developed or from taking actions in addition to those 
proposed in the strategy after its completion. 
(3) IMPLEMENTATION OF INVESTIGATIVE STRATEGY.—Upon 
completion of the investigative strategy imder subparagraph 
(BXiii), each Federal agency or department shall fulfill the 
role assigned to it by the strategy, 
(d) REGULATIONS.— 
(1) IN GENERAL.—^Not later than 4 years after the date 
of enactment of this Act, and periodically thereafter, the Sec-
retary of Labor, based on the information developed imder 
subsection (c) and on other information available to the Sec-
retary, shall— 
(A) determine if additional education about, emphasis 
on, or enforcement of existing regulations or standards 
is needed and will be sufficient, or u additional regulations 
or standards are needed with regard to employee trans-
ported releases of hazardous materials; and 
(B) prepare and submit to the appropriate committees Reports. 
of Congress a report concerning the result of such 
determination. 
(2) ADDITIONAL REGULATIONS OR STANDARDS.—If the Sec-
retary of Labor determines that additional regulations or stand-
ards are needed under paragraph (1), the Secretary shall 
promulgate, pursuant to the Secretary's authority imder the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 
et seq.), such regulations or standards as determined to be 
appropriate not later than 3 years after such determination. 
106 STAT. 3424 
PUBLIC LAW 102-522—OCT. 26, 1992 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated from sums otherwise authorized to be appro-
priated, for each fiscal year such sums as may be necessary to 
carry out this section. 
Approved October 26, 1992. 
LEGISLATIVE HISTORY—H.R. 2042 (S. 1690): 
HOUSE REPORTS: No. 102-62 (Coram, on Science, Space, and Technology). 
SENATE REPORTS: No. 102-369 accompanying S. 1690 (Coram, on Comraerce, 
Science and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): June 3, considered and passed House. 
Vol. 138 (1992): Sept. 29, considered and passed Senate, araended, in lieu of 
S. 1690. 
Oct. 2, House concurred in Senate amendraent.