15 U.S.C. § 2203 — Definitions

Page 1784 TITLE 15—COMMERCE AND TRADE § 2203 1 So in original. The period probably should be ‘‘; and’’. Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–498, Oct. 29, 1974, 88 Stat. 1535, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. AMENDMENTS 1978—Par. (3). Pub. L. 95–422 substituted ‘‘United States Fire Administration’’ for ‘‘National Fire Pre- vention and Control Administration’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents TRANSFER OF FUNCTIONS The National Fire Prevention and Control Adminis- tration [now United States Fire Administration] and the National Academy for Fire Prevention and Control and the positions of Administrator of the Administra- tion and Superintendent of the Academy were trans- ferred to an independent agency in the Executive Branch, to be known as the Federal Emergency Man- agement Agency, and all functions vested in the Sec- retary of Commerce, the Administrator and Deputy Ad- ministrator of the National Fire Prevention and Con- trol Administration, and the Superintendent of the Na- tional Academy for Fire Prevention and Control pursu- ant to the provisions of this chapter, with the excep- tion of those functions under sections 2220 and 2221 of this title which remain vested in the Administrator of the United States Fire Administration, were trans- ferred to the Director of the Federal Emergency Man- agement Agency pursuant to Reorg. Plan No. 3 of 1978, §§ 201, 301, June 19, 1978, 43 F.R. 41944, 92 Stat. 3788, set out as a note under section 2201 of this title, effective Apr. 1, 1979, pursuant to Ex. Ord. No. 12127, §§ 1–101, 1–103(a), Mar. 31, 1979, 44 F.R. 19367. § 2203. Definitions As used in this chapter, the term— (1) ‘‘Academy’’ means the National Academy for Fire Prevention and Control; (2) ‘‘Administration’’ means the United States Fire Administration established pursu- ant to section 2204 of this title; (3) ‘‘Administrator’’ means, except as other- wise provided, the Administrator of the United States Fire Administration, within the Fed- eral Emergency Management Agency; (4) ‘‘Administrator of FEMA’’ means the Ad- ministrator of the Federal Emergency Man- agement Agency; (5) ‘‘fire service’’ means any organization in any State consisting of personnel, apparatus, and equipment which has as its purpose pro- tecting property and maintaining the safety and welfare of the public from the dangers of fire, including a private firefighting brigade. The personnel of any such organization may be paid employees or unpaid volunteers or any combination thereof. The location of any such organization and its responsibility for extin- guishment and suppression of fires may in- clude, but need not be limited to, a Federal in- stallation, a State, city, town, borough, par- ish, county, Indian tribe, fire district, fire pro- tection district, rural fire district, or other special district. The terms ‘‘fire prevention’’, ‘‘firefighting’’, and ‘‘fire control’’ relate to ac- tivities conducted by a fire service; (6) ‘‘Indian tribe’’ has the meaning given that term in section 5304 of title 25 and ‘‘trib- al’’ means of or pertaining to an Indian tribe; (7) ‘‘local’’ means of or pertaining to any city, town, county, special purpose district, unincorporated territory, or other political subdivision of a State; (8) ‘‘place of public accommodation affecting commerce’’ means any inn, hotel, or other es- tablishment not owned by the Federal Govern- ment that provides lodging to transient guests, except that such term does not include an establishment treated as an apartment building for purposes of any State or local law or regulation or an establishment located within a building that contains not more than 5 rooms for rent or hire and that is actually occupied as a residence by the proprietor of such establishment; (9) ‘‘Secretary’’ means, except as otherwise provided, the Secretary of Homeland Security; (10) ‘‘State’’ has the meaning given the term in section 101 of title 6.1 (11) ‘‘wildland-urban interface’’ has the meaning given such term in section 6511 of title 16. (Pub. L. 93–498, § 4, Oct. 29, 1974, 88 Stat. 1536; Pub. L. 95–422, § 2(a)(1), Oct. 5, 1978, 92 Stat. 932; Pub. L. 101–391, § 3(b), Sept. 25, 1990, 104 Stat. 749; Pub. L. 106–503, title I, § 110(a)(2)(A), Nov. 13, 2000, 114 Stat. 2302; Pub. L. 110–376, § 10, Oct. 8, 2008, 122 Stat. 4061; Pub. L. 112–239, div. A, title XVIII, § 1802(a), Jan. 2, 2013, 126 Stat. 2099.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–498, Oct. 29, 1974, 88 Stat. 1535, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. AMENDMENTS 2013—Par. (3). Pub. L. 112–239, § 1802(a)(1), inserted ‘‘, except as otherwise provided,’’ after ‘‘means’’. Par. (4). Pub. L. 112–239, § 1802(a)(2), substituted ‘‘ ‘Ad- ministrator of FEMA’ means the Administrator of the Federal Emergency Management Agency;’’ for ‘‘ ‘Direc- tor’ means the Director of the Federal Emergency Man- agement Agency;’’. Page 1785 TITLE 15—COMMERCE AND TRADE § 2204 Par. (5). Pub. L. 112–239, § 1802(a)(3), inserted ‘‘Indian tribe,’’ after ‘‘county,’’ and substituted ‘‘and ‘fire con- trol’ ’’ for ‘‘and ‘firecontrol’ ’’. Pars. (6) to (8). Pub. L. 112–239, § 1802(a)(4), (5), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively. Former par. (8) redesignated (9). Par. (9). Pub. L. 112–239, § 1802(a)(6), (7), added par. (9) and redesignated former par. (9) as (10). Former par. (10) redesignated (11). Pub. L. 112–239, § 1802(a)(4), redesignated par. (8) as (9). Former par. (9) redesignated (10). Par. (10). Pub. L. 112–239, § 1802(a)(8), amended par. (10) generally. Prior to amendment, par. (10) defined the term ‘‘State’’. Pub. L. 112–239, § 1802(a)(6), redesignated par. (9) as (10). Former par. (10) redesignated (11). Pub. L. 112–239, § 1802(a)(4), redesignated par. (9) as (10). Par. (11). Pub. L. 112–239, § 1802(a)(6), redesignated par. (10) as (11). 2008—Par. (3). Pub. L. 110–376, § 10(1), substituted ‘‘Ad- ministration, within the Federal Emergency Manage- ment Agency’’ for ‘‘Administration’’. Par. (9). Pub. L. 110–376, § 10(2)–(4), added par. (9). 2000—Pars. (7) to (9). Pub. L. 106–503 inserted ‘‘and’’ after semicolon in par. (7), redesignated par. (9) as (8), and struck out former par. (8) which read as follows: ‘‘ ‘Secretary’ means the Secretary of Commerce; and’’. 1990—Pars. (4) to (9). Pub. L. 101–391 added pars. (4) and (7) and redesignated former pars. (4), (5), (6), and (7) as (5), (6), (8), and (9), respectively. 1978—Pars. (2), (3). Pub. L. 95–422 substituted ‘‘United States Fire Administration’’ for ‘‘National Fire Pre- vention and Control Administration’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents TRANSFER OF FUNCTIONS Functions of National Fire Prevention and Control Administration [now United States Fire Administra- tion] and National Academy for Fire Prevention and Control generally transferred to Federal Emergency Management Agency. For further details see Transfer of Functions note set out under section 2202 of this title. § 2204. United States Fire Administration (a) Establishment There is hereby established in the Department of Commerce an agency which shall be known as the United States Fire Administration. (b) Administrator There shall be at the head of the Administra- tion the Administrator of the United States Fire Administration. The Administrator shall be ap- pointed by the President and shall be com- pensated at the rate now or hereafter provided for level IV of the Executive Schedule pay rates (5 U.S.C. 5315). The Administrator shall report and be responsible to the Administrator of FEMA. (c) Deputy Administrator The Administrator may appoint a Deputy Ad- ministrator, who shall— (1) perform such functions as the Adminis- trator shall from time to time assign or dele- gate; and (2) act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Adminis- trator. (Pub. L. 93–498, § 5, Oct. 29, 1974, 88 Stat. 1536; Pub. L. 95–422, § 2(a)(1), Oct. 5, 1978, 92 Stat. 932; Pub. L. 106–503, title I, § 110(a)(2)(B)(i), Nov. 13, 2000, 114 Stat. 2302; Pub. L. 112–166, § 2(f)(2), Aug. 10, 2012, 126 Stat. 1284; Pub. L. 112–239, div. A, title XVIII, §§ 1802(b)(1), 1812, Jan. 2, 2013, 126 Stat. 2100, 2117.) Editorial Notes AMENDMENTS 2013—Subsec. (b). Pub. L. 112–239, § 1802(b)(1), sub- stituted ‘‘Administrator of FEMA’’ for ‘‘Director’’. Subsec. (c). Pub. L. 112–239, § 1812, amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘There shall be in the Administration a Deputy Admin- istrator of the United States Fire Administration who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate now or hereafter provided for level V of the Executive Schedule pay rates (5 U.S.C. 5316). The Deputy Administrator shall perform such functions as the Administrator shall from time to time assign or delegate, and shall act as Administrator dur- ing the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator.’’ 2012—Subsec. (b). Pub. L. 112–166 struck out ‘‘, by and with the advice and consent of the Senate,’’ after ‘‘President’’. 2000—Subsec. (b). Pub. L. 106–503 substituted ‘‘Direc- tor’’ for ‘‘Secretary’’. 1978—Subsecs. (a) to (c). Pub. L. 95–422 substituted ‘‘United States Fire Administration’’ for ‘‘National Fire Prevention and Control Administration’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat-